voidable marriage


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voidable marriage

where a marriage has not been consummated owing to the impotency of one of the parties, the marriage subsists until an order of the court is obtained declaring it to be null. The process of obtaining such an order is referred to as annulment.
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.
However, applying common law concepts embedded in legislation to an African marriage without taking the context into account creates a new form of voidable marriage not previously anticipated.
A voidable marriage is valid until it is undone by judicial declaration, and in most jurisdictions, a voidable marriage cannot be attacked after the parties have died.
Part 2 deals with issues of family law such as marriage, the capacity to marry, effects of marriages, void and voidable marriages, divorce, cohabitation without marriage, adoption, parental authority, and guardianship.
If indeed a spouse proves not only to be overbearing but oppressive and cruel, Villegas said, there are already sufficient provisions in the Family Code, specifically those that provide for the legal separation of the spouses, and, in some cases, even annulment of voidable marriages.
Under Article 89 of the Civil Code, children conceived or born of marriages that are void from the beginning and those conceived after the annulment of voidable marriages are called natural children by legal fiction.