Differentiating void from voidable in marriages

Differentiating void from voidable in marriages "After reading your column, I am left with one question regarding actions for “annulment of marriage” and “absolute nullity of marriage.” I would like to understand the difference between the two. PeterDear Peter, Actions for the annulment of marriage and for the declaration of nullity of marriage are proceedings in court for the purpose of having a marriage annulled or declared void ab initio, respectively. It is important for you to understand the distinction between the two to be able to know the appropriate remedy you can avail yourself.Under the law, absence of any of the essential or formal requisites of marriage makes the marriage void. Any of the following requisites shall render the marriage voidable: the legal capacity of the contracting party who must be a male and a female and the consent freely given in the presence of the solemnizing officer. The formal requisites are the authority of the solemnizing officer, a valid marriage license, and a marriage ceremony. It must be noted that a voidable marriage remains a valid marriage until it is declared annulled, while a void marriage can never be valid nor ratified even if the infirmity had been cured by a subsequent occurrence. A voidable marriage can generally be ratified by free cohabitation. This means that the husband and wife, after coming to reason or having attained the age of twenty-one and after the infirmity has been known to them, may choose to cohabit to cure the infirmity.On the other hand, void marriages are those that had been declared as void by reasons of public policy, like, marriage contracted by any party below 18 years of age, bigamous, polygamous or incestuous marriages. A marriage contracted by any party who, at the time of the celebration was psychologically incapacitated to comply with the essential marital obligations of marriage is likewise void. If a marriage is void from the beginning, the action to have it declared by the court as a void marriage is commenced by a Petition for Declaration of Nullity of Marriage. If the marriage is voidable, the action to have it declared as annulled is commenced through a Petition for Annulment of Marriage.The reason a void marriage must be declared as null and void from the beginning stems from Article 40 of the Family Code, which states that “the absolute nullity of a previous marriage may be invoked for purposes of marriage on the basis solely of a final judgment declaring such previous marriage void.”We hope that we were able to address your query.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/