A void marriage fully terminates the marital bond and obligations between spouses such as property rights and the duty to have sex. For any children conceived during the validity of the marriage or before an annulment, they will be considered legitimate. However, children conceived after a final annulment decree will be illegitimate. Donations made in contemplation of marriage will generally remain valid except those that are revoked when accepted. For an annulled marriage, the parties can remarry but must comply with the requirements of Article 52.
A void marriage fully terminates the marital bond and obligations between spouses such as property rights and the duty to have sex. For any children conceived during the validity of the marriage or before an annulment, they will be considered legitimate. However, children conceived after a final annulment decree will be illegitimate. Donations made in contemplation of marriage will generally remain valid except those that are revoked when accepted. For an annulled marriage, the parties can remarry but must comply with the requirements of Article 52.
A void marriage fully terminates the marital bond and obligations between spouses such as property rights and the duty to have sex. For any children conceived during the validity of the marriage or before an annulment, they will be considered legitimate. However, children conceived after a final annulment decree will be illegitimate. Donations made in contemplation of marriage will generally remain valid except those that are revoked when accepted. For an annulled marriage, the parties can remarry but must comply with the requirements of Article 52.
VOID MARRIAGE – CHILD – ILLIGITIMATE, If marriage is considered valid, conceived during validity and before annulment, the child is deemed legitimate. Child born during valid marriage, is considered legitimate. But a child born after the finality off the decree, the status of the child is LEGITIMATE(all that is conceived before finality or pendency of case). Further, if a child is conceived after finality of annulment, the child is ILLIGITIMATE. AGP vs CPG?? 102 vs 129 of FC. Not same of order, not same distribution. CHILD Custody : No child below 7 years old be separated from the mother. Tignan ang table ng UST and other reviewers Donations – (in contemplation of marriage), donation proper nuptias, shall remain VALID as a general rule, Except the one when the accepted, donation may be revoked. In effect of voidable marriage – they are not qualified to inherit from each other. If marriage is annulled, both can remarry, must comply the requirements under Art 52. Art 48 – Court will assign a fiscal – to stop collusion between parties. The state can intervene through the OSG. Art 54 – legitimate children If marriage is void, They are not inheritors of each other. Is there a need to record of properties in case no property, answer ‘NO NEED OF RECORDING IF THERE IS NO PROPERTY’. 45(3) in relation to 46 – concealment of homosexuality – ground for voidable marriage. If void under psychological marriage, homosexuality must be existent prior to marriage. If happened after celebration of marriage, grounds for Legal Separation. Art 55 – Grossly abusive conduct need not to be physical.,k