For example, when a prospective client approaches a lawyer asking for help in obtaining a declaration of nullity of marriage, the lawyer must ask: Is the prospective client trapped in what is really a void marriage
, in which case he or she must be helped?
"Even if the court believes that there was such a marriage, it would be a void marriage
as it does not exist in law", he argued.
since a void marriage
gives rise to the same proprietary remedies as a
Traditionally, when a marriage had some irregularity in its creation, the law considered it either "void" or "voidable." "Technically a void marriage
is non-existent and has never existed," while a "voidable marriage ...
"A void marriage
is one where there was a legal impediment to the marriage.
There are no legal consequences for a batil or void marriage
since according to Islamic law, it is not a marriage at all.
Claiming it was a "void marriage
", he said: "I'm not going to make any settlement other than the one I have made already.
If a marriage is void from its inception under state law, the Service considers the couple unmarried for the entire length of the "marriage."(9) As a result, the taxpayers must file amended returns reflecting single (or head-of-household, if appropriate) filing status for all open tax years.(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.(11) As a result, an annulment can void a marriage for joint return purposes while potentially allowing the general taxability/deductibility of alimony payments.
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.
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.