利用者:HeMagdaleno560

The Family Law of the Philippines differentiates void from voidable marriages. Void and voidable marriages vary on many aspects, beginning from its nature, effects of the wedding, and as the treatment available to parties whose marriage fall under either of the groups. Below are the comparisons involving the two: As to nature. A void wedding is one that is considered inexistent from the begin, as though no marriage transpired involving the couple. A voidable marriage is certainly one that is valid until it is proclaimed annulled by the courts,annulment in the philippines. As to the susceptibility of being ratified. A void marriage should not be ratified since there is no marriage to talk of. A voidable marriage is sensitive of convalidation or ratification either by the free cohabitation of the parties or by prescription. As to impact on property. There is no community property but merely a co-ownership within a void marriage. Found on the other hand, an absolute community exists within a voidable marriage, unless there was a wedding settlement or prenuptial agreement defining the program that will control property relations throughout the wedding. As to impact on kids. Within a void marriage, kids are illegitimate, except: Those who were conceived or born before judgment of absolute nullity under Art. 36 (psychological incapacity as ground for nullity) is almost certainly final and executory; Those conceived or born of following wedding under Art. 53 (without the partition and distribution of qualities of the spouses and the delivery of presumptive legitimes of the children) Regarding the other hand, children conceived under a voidable wedding are legitimate if conceived prior to the grant of decree of annulment. As to how wedding can be impugned. A void marriage can be impugned both straight and collaterally and might be impugned even after the death of the parties. A voidable wedding can only be attacked straight and may little longer be impugned following the death of the party,annulment lawyer in the philippines. Right treatment available. Declaration of Nullity of Marriage is the proper treatment just in case the wedding is void. Voidable marriages might be declared null through the treatment of annulment.