Void and Voidable Marriages Distinguished

Void and voidable marriages differ on many aspects, beginning from its nature, effects and the remedy available to couples whose marriage come under these categories. Here is how they differ:

As to nature: A void marriage is one that is considered inexistent from the start, as if no marriage transpired between the couple. A voidable marriage is one that is valid until it is declared annulled by a competent authority.

As to the susceptibility of being ratified: A void marriage cannot be ratified since there is no marriage to speak of. A voidable marriage is susceptible of convalidation either by the free cohabitation of the parties or by prescription.

As to effect on property: There is no community property but only a co-ownership in a void marriage. On the other hand, an absolute community exists in a voidable marriage, unless there was a marriage settlement defining the property system that has been agreed by the couple to govern the marriage.

As to effect on children: In a void marriage, children are generally illegitimate, except:

1. Those conceived or born before judgment of absolute nullity under Art. 36 has become final and executor;
2. Those conceived or born of subsequent marriage under Art. 53

On the other hand, children born under a voidable marriage are legitimate if conceived before the grant of decree of annulment.

As to how marriage may be impugned: A void marriage may be impugned both directly and collaterally and may be impugned even after the death of the parties. A voidable marriage can only be attacked directly and may no longer be impugned after the death of a party.

Proper remedy available: Declaration of Nullity of Marriage is the proper remedy in case the marriage is void.  Voidable marriages may be declared null through the remedy of annulment.

Article Tags: Void Marriage, Voidable Marriage

Source: Free Articles from ArticlesFactory.com

ABOUT THE AUTHOR