1. Effects of Annulment of Marriage a. Re-marriage Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Related provision: Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and…
1. Procedure for Annulment of a Voidable Marriage a. Who may file; Prescription Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his…
Voidable Marriages, A45 Family Code Civil Law > Family Code voidable marriages, 1. Concept Voidable marriages – are valid marriages until declared annulled or voided. a. Void marriages vs. Voidable marriages Void Marriages Voidable Marriages Legal Status Invalid from the beginning* Valid until annulled Grounds Absence of a marriage requisite, Psychological Incapacity, Incestuous Marriages,…
1. Concept Sexually-transmissible disease – means “are caused by sexually transmitted infections (STIs). They are spread mainly by sexual contact. STIs are caused by bacteria, viruses or parasites.” (Mayo Clinic, Sexually transmissible disease (STDs), https://www.mayoclinic.org/diseases-conditions/sexually-transmitted-diseases-stds/symptoms-causes/syc-20351240 [Accessed: 12 April 2025]) 2. Sexually-transmissible disease Art. 45. A marriage may be annulled for any of the following causes,…
1. Concept Incurable sexual incapacity – means the inability to engage in sexual intercourse and such is not curable. 2. Incurable sexual incapacity Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (5) That either party was physically incapable of consummating…
1. Concept Force – means “violence, compulsion, or constraint exerted upon or against a person or thing”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/force [Accessed: 12 April 2025]) Intimidation – means “to make timid or fearful”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/intimidation [Accessed: 12 April 2025]) Undue influence – means “improper influence that deprives a person of freedom…
1. Concept Fraud – means “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/fraud [Accessed: 17 April 2025]) 2. Fraud Art. 45. A marriage may be annulled for any of the following causes, existing at the time of…
1. Concept Of unsound mind – means “mentally ill : not sane”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/of%20unsound%20mind [Accessed: 17 April 2025]) 2. Unsound mind Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: x x x (2) That either party was of unsound mind,…
1. Concept Voidable marriages – are valid marriages until declared annulled or voided. 2. 18 and over but below 21 years old Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the…