Posts

Showing posts with the label Voidable Marriages

Valid Marriages But May Be Annulled

Although in the first instance, these marriages seem to be valid, but digging into their intricate details would reveal some flaws that may warrant for annulment.  Yes, there are marriages celebrated in the Philippines that are valid on their face value but may be declared annulled through some legal processes.  These marriages are valid unless declared annulled or better known as VOIDABLE MARRIAGES. Voidable Marriages are valid unless declared void or annulled by the court.  Thus, if the parties will not petition for their annulment, voidable marriages remain valid. What are the marriages that may be annulled? A marriage may be annulled for any of the following causes, existing at the time of marriage: 1.  That the party in whose behalf it is sought to have the marriage annulled was eighteen (18) of age or over but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental ...

Void Marriages and Declaration of Absolute Nullity of Marriage

Philippine Laws do not warrant DIVORCE in the country.  It is enshrined in the 1987 Philippine Constitution that: "Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.  Hence, the State recognizes the Filipino family as the foundation of the nation.  Accordingly, it shall strengthen its solidarity and actively promote its total development." What is not warranted in our laws is the ABSOLUTE DIVORCE that is enjoyed by people in the some foreign States.  Although we do not have this ABSOLUTE DIVORCE, but our laws provide instances on which a PARTIAL DIVORCE may be sought.  This PARTIAL DIVORCE is known in the country as ANNULMENT. In the Philippines, a marriage may be declared null and void or be annulled depending on the grounds attendant to the situation. In this post, what would be discussed are those marriages that are void from the beginning and the procedures on declaring the ab...