Voidable Marriages, A45 Family Code

Civil Law > Family Code

voidable marriages,

1. Concept

Voidable marriages – are valid marriages until declared annulled or voided.

	Void Marriages	Voidable Marriages
Legal Status	Invalid from the beginning*	Valid until annulled
Grounds	Absence of a marriage requisite, Psychological Incapacity, Incestuous Marriages, Contrary to Public Policy, Re-Appearance of Absentee Spouse	18 and over but below 21 with no parental consent, Unsound Mind, Fraud, Force, Intimidation, Undue Influence, Incurable Sexual Incapacity, Sexually-Transmissible Disease
Judicial Action	Declaration of Nullity of Marriage	Decree of Annulment of Marriaeg
Ratification	No ratification	May be ratified
Challenge	Spouses/children/third parties	Spouses
Prescription	No prescription	Depending on the ground, either: (a) before turning 21; (b) before death; (c) during lucid interval; (d) Within 5 years from turning 21, discovery of fraud, cessation of force / intimidation / undue influence, or after the marriage

*However, a judicial declaration on the nullity of marriage is required.

Voidable Marriages	18 and over but below 21 with no parental consent
	Unsound Mind
	Fraud
	Force, Intimidation, Undue Influence
	Incurable Sexual Incapacity
	Sexually-Transmissible Disease

NB: Click on any of the above grounds for more information.