Void pantograph marriage certificate
Pendente lite, child support will be governed by either written agreement, or in the absence thereof, from properties of the ACP or CP. The court will apply the following order of preference, both parents jointly: (a) either parent (may consider the choice of child over 7 years, (b) unless such parent is considered unfit), (c) surviving grandparent (if several, then choice of child over 7 years, unless grandparent chosen is unfit/disqualified), (d) eldest brother/sister over 21 unless unfit/disqualified, or (e) any other person deemed suitable by the court.Īfter the decree, the court shall award custody to the innocent spouse, but no child under 7 years shall be separated from the mother unless there are compelling reasons.Ĥ. During the pendency of the petition (pendente lite), the custody of children will be governed either by written agreement, or by court order, based on the best interest of the child. The children are deemed illegitimate, except when the ground for the declaration of nullity is psychological incapacity or a void subsequent marriage under Article 53 of the FC.ģ. Status of Children Born/Conceived before Declaration of Nullity. Otherwise, property acquired by either exclusively belongs to such property, and property acquired by both through their work/industry is owned by them in common in proportion to respective contributions.Ģ. There is a presumption of equal sharing only when there is evidence of joint acquisition but none as to the extent of actual contribution. Under Article 148, there is no presumption of joint acquisition. Note that, even if one of the spouses did not contributed materially to the common fund, but the said party took care of the household, the other party and their common children, these acts are considered the said party’s contribution to the common fund (Buenaventura v.
The property relations between a man and a woman whose marriage was declared null and void on the ground of psychological incapacity (FC, Article 36) is governed by this article. Property acquired by both through their work/industry is co-owned. Property acquired by either exclusively belongs to such property, subject to proof. Under Article 147, there is a presumption that the contributions are equal. There are differences between unions where the parties are capacitated to marry each other (Article 147 applies) and unions where the parties are not (Article 148 applies).
In void ab initio marriages (except those under Article 40 of the FC), the property regime of unions without marriage shall apply (c.f. The absolute community of property (“ACP”) or the conjugal partnership (“CP”), as the case may be, shall be dissolved and liquidated. However, legally separated couples are not permitted to remarry, since their marriage is still considered valid and subsisting.īelow are the legal consequences of the declaration of nullity of marriage:ġ. In legal separation, the couple is allowed to live apart and separately own assets. The grounds for legal separation may have arisen after the marriage, and may be filed on the grounds provided under Article 55 of the FC). The declaration of nullity of marriage is also different from legal separation, which is a legal remedy for couples suffering from a problematic marriage. The grounds for annulment of marriage must have been existing at the time of marriage, and include lack of parental consent (FC, Article 45), insanity (FC, Article 45), fraud (FC, Article 45), duress (FC, Article 45), impotence (FC, Article 45), and serious and incurable sexually transmissible disease (FC, Article 45). The declaration of nullity of marriage is distinguished from the annulment of marriage, which considers the marriage valid and existing until it is annulled.
VOID PANTOGRAPH MARRIAGE CERTIFICATE CODE
The requisites for each of the aforementioned grounds are more specifically described in the Family Code and in cases decided by the Supreme Court. It is convenient to classify these void ab initio marriages into five categories: (a) void marriages due to lack of requisites (Family Code, Article 35) (b) void marriages due to psychological incapacity (FC, Article 36) (c) incestuous marriages (FC, Article 37) (d) marriages against public policy (FC, Article 38) (e) bigamous marriages (FC, Article 41) and (e) void subsequent marriage, when one of the spouses remarry without complying with the recordal requirement of the judgment of annulment or absolute nullity of the previous marriage, etc. The declaration of nullity of marriage applies to marriages that are null and void from the beginning (void ab initio), due to the absence of at least one of the essential or formal requisites of marriages.