BuchananMcnew665

The Family Law of the Philippines distinguishes void from voidable marriages. Void and voidable marriages differ on numerous aspects, starting from its nature, effects in the wedding, and as the treatment available to parties whose marriage fall under either of the areas. Below are the comparisons amongst the two: As to nature. A void wedding is certainly one that is considered inexistent from the begin, as though no marriage transpired amongst the few. 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 not a wedding to speak of. A voidable wedding is prone 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 only a co-ownership in a void marriage. Regarding the alternative hand, an absolute community exists in a voidable wedding, unless there was a wedding settlement or prenuptial agreement defining the system that will govern property relations during the marriage. As to effect on kids. Within a void wedding, children are generally illegitimate, except: Those who were conceived or conceived before judgment of absolute nullity under Art. 36 (psychological incapacity as ground for nullity) has become final and executory; Those conceived or born of subsequent wedding under Art. 53 (without the partition and distribution of qualities of the spouses and the delivery of presumptive legitimes of the children) On the alternative hand, kids born under a voidable wedding are legitimate if conceived ahead of the grant of decree of annulment. As to how marriage can be impugned. A void wedding may be impugned both directly and collaterally and can be impugned even after the death of the parties. A voidable marriage can just be attacked straight and might no longer be impugned following the death of the party,annulment lawyer in the philippines. Proper treatment available. Declaration of Nullity of Marriage is the right remedy in case the marriage is void. Voidable marriages might be announced null through the treatment of annulment.