void marriage


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void marriage

where an impediment exists to a lawful marriage (such as the fact that one of the parties is under age or is already married) that marriage is void and of no legal effect whatever. There is no need for the other party to obtain a court order declaring the marriage a nullity.
References in periodicals archive ?
Fault divorce, on the other hand, can be likened to the annulment of voidable marriage or declaration of nullity of void marriage in the Philippines because the petitioner must specifically cite the ground for the dissolution of marriage.
If the ground for the declaration of nullity of void marriage is psychological incapacity, the petitioner is blaming himself/herself or the other spouse, or both.
Technically a void marriage is non-existent and has never existed," while a "voidable marriage .
There are no legal consequences for a batil or void marriage since according to Islamic law, it is not a marriage at all.
10) Even in the situation of a void marriage, however, the Tax Court has held that the taxability of periodic payments made under an annulment decree is determined under the rules regarding taxation of alimony, because the putative marriage can create a legal obligation of support.
Article 147 states: 'When a man and a woman who are capacitated to marry each other, live exclusive with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules of co-ownership.
It applies when a man and a woman, suffering no legal impediment to marry each other, so exclusively live together as husband and wife under a void marriage or without the benefit of marriage.
The bill aims to address the inequality and inaccessibility that have resulted from the remedy granted by the Family Code to be free from a void marriage with a spouse who has committed abusive acts of violence or infidelity or abandonment (of) his or her family," he said in the explanatory note.
A second source of confusion is the failure to distinguish between the obligation of celibacy in the wide sense of the term and the sanctions called for in the 12th century to declare null and void marriages contracted contrary to this obligation.
Anderson, "Invalid and Void Marriages in Hanafi Law," BSOAS 13 (1950): 357-66.