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 ?
Rebecca J Bailey, 'Family Law: Decree of Nullity of Marriage of
Proof of this is the number of petitions filed for the declaration of nullity of marriage under Article 36 of the Family Code.
In 2015, Marjorie filed before the regional trial court (RTC) in Metro Manila a petition for declaration of nullity of marriage based on psychological incapacity under Article 36 of the Family Code.
1.1 Check the log for failing marriage, divorce, annulment of marriage, see, and dissolution, nullity of marriage or divorce:
Church courts must decide whether there is objectively such a nullity of marriage, because there are canonical laws binding in conscience.
On marriage annulment, the CA justice said that he has encountered several family disputes and declaration of nullity of marriage and legal separation.
Based on the bill, the decision of the regional trial court shall be deemed final in all cases of annulment or declaration of absolute nullity of marriage, unless there is grave abuse of discretion amounting to lack or excess of jurisdiction.
This was despite him still being legally married at the time, when his 2004 petition for declaration of nullity of marriage was still pending in court.
Attorney Barney Almazar, director of Gulf Law and counsel of some Filipinos seeking annulment and divorce in the UAE, said there are only two ways to dissolve marriages in the Philippines -- through declaration of nullity of marriage or through annulment.
But he cited that there are existing proceedings on the separation of spouses, such as annulment or the declaration of nullity of marriage as stated in the Family Code of the Philippines.
'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.
Then there is also annulment or declaration of nullity of marriage. Annulment is the invalidation of marriages which have some defects at the time of celebration particularly: (a) lack of parental consent; (b) insanity of a spouse; (c) fraud in obtaining the consent; (d) force, intimidation or undue influence in obtaining such consent; (e) impotency or physical incapacity in consummating the marriage; and (f) affliction of a spouse with a sexually transmissible disease.