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In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
Although the marriage is void as a matter of law, in some jurisdictions an annulment is required to establish that the marriage is void or may be sought in order to obtain formal documentation that the marriage was voided. Under the laws of most nations, children born during a void marriage are considered legitimate.
A marriage can be annulled if there is a defect in the essential requisites. Consent obtained through fraud, deceit or violence, for example, can annul the marriage. Similarly, an individual below 21 years old who contracts to marry but does not obtain parental consent can also have their marriage annulled within the prescribed period.
A valid marriage can be dissolved by a decree of dissolution of marriage or divorce and Hindu Marriage Act, The Divorce Act and Special Marriage Act allow such a decree only on specific grounds as provided in these acts: cruelty, adultery, desertion, apostasy from Hinduism, impotency, venereal disease, leprosy, joining a religious order, not ...
The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
A mensa et thoro is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation a mensa et thoro is essentially a separation that is sanctioned by a court order, meaning that the spouses may legally live apart, but they are still legally married.
In cases where parental consent or parental advice is needed, [10] marriage law in the Philippines also requires couples to attend a seminar [7] on family planning before the wedding day in order to become responsible for family life and parenthood. The seminar is normally conducted at a city hall or a municipal council.
This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law.