Void Marriage

Legal Separation

Voidable Marriage
Status of marriage

Void ab initio

Valid until annulled

Marriage bond remains valid

Petition filed
Declaration of Nullity of Marriage

Annulment of Marriage

Petition for Legal Separation

Who may file and When to file

Without parental consent
Contracting party

Within 5 years after attaining

the age of 21
At any time before such party
has reached the age of 21

Parent, guardian or person

having legal charge of the
contracting party
Unsound Mind
Husband or Wife

No prescriptive
period

Sane spouse who had no

knowledge of such insanity
Parent, guardian or person
having legal charge of the
insane

At any time before the death

of either party
At any time before the death
of either party

Husband or Wife

Within 5 years from

occurrence of the
cause

(when the sane spouse has

full knowledge of such
insanity)
Insane spouse
During a lucid interval or after
regaining sanity
Fraud, Vitiated Consent, Impotence, STD
Injured party

Within 5 years from discovery

of the ground
Children

Illegitimate

Legitimate

Legitimate

(except those born of marriages

declared void in art 36 and art 52 & 53)
Judicial Declaration
Not necessary

Necessary

(except in cases of remarriage)

Property Relations
Governed either by Article 143 or 148 of
FF and shall be liquidated pursuant to
the ordinary rules of co-ownership

Patricia Jade Alexis C Chan

The absolute community of property or the conjugal partnership shall be dissolved and liquidated