nullity of marriage


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nullity of marriage,

in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage, for example, is void, and there is no need to bring a suit to obtain a decreedecree,
in law, decision of a suit in a court of equity. It is the counterpart in equity of the judgment in a court of law, although in those jurisdictions where law and equity have merged, judgment is sometimes used to include both.
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 declaring it void. However, a decree is necessary to annul voidable marriages. Grounds, generally specified by statute, include fraud or duress preventing legal consent to the marriage and sexual impotence of one spouse that existed at the time the marriage was contracted and that was unknown to the other spouse. The results of nullity of marriage are different from those of divorcedivorce,
partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation, leaving the parties officially married while forbidding cohabitation.
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. A decree of nullity declares, in effect, that the parties never were married, and at one time it absolved them from all obligations to each other. Today, however, statutes in some states have mitigated the results of annulment, e.g., by making children of the void marriage legitimate and by permitting alimony. See husband and wifehusband and wife,
the legal aspects of the married state (for the sociological aspects, see marriage). The Marriage Contract

Marriage is a contractual relationship between a man and a woman that vests the parties with a new legal status.
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References in periodicals archive ?
Proof of this is the number of petitions filed for the declaration of nullity of marriage under Article 36 of the Family Code.
A mother or father left alone with the responsibility of parenthood because the spouse had to seek employment abroad as an overseas Filipino workers for lack of jobs in this country; or a spouse widowed because of an extra-judicial killing or violent extremism; or a rise in the number of annulment or declaration of nullity of marriage cases or legal separations; or young girls impregnated as a result of rape or wanton sex.
This young girl had experienced the horror of receiving subpoenas, going to court, extreme humiliation and sadness, the root cause of which is her mother's position of contesting her father's petition for nullity of marriage,' said a source close to the camp of the estranged daughter and wife.
This section examines offenses include failing to record events as marriage, divorce, annulment of marriage, see, dissolution, nullity of marriage or divorce, crime, marriage, contrary to the provisions of Article 1041 of the Civil Code, an offense contrary to the law of a foreigner married to a woman Iranian.
The new document is formally known as an "instruction on the nullity of marriage," and it will replace a previous set of rules for processing annulment requests, called Provida Mater, that dates from 1936, during the pontificate of Plus XI.
Church courts must decide whether there is objectively such a nullity of marriage, because there are canonical laws binding in conscience.
However, a person who is already married may not legally contract a subsequent marriage without securing a declaration of nullity of marriage or annulment of his or her first marriage from the proper court, otherwise he or she may be held liable for the crime of bigamy.
The article has since been updated to include a provision that says children conceived or born before the judgment of annulment or absolute nullity of marriage under Article 36 has become final and executory, shall be considered legitimate.