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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Ava, 20, marries Lucas, 24, without Ava's parents' consent. Six months later, Ava files a petition for annulment on the ground that she was below 21 at the time of marriage and lacked parental consent. The parents sign a post-marital consent two weeks after the ceremony, but this consent does not retroactively validate the marriage. (a) Identify the doctrine governing voidable marriages and the controlling rule distinguishing voidable marriages from void ab initio marriages. (b) Based on the facts, is the marriage voidable? What is the available remedy and who may file a petition for annulment under the rule? (c) If the court grants the annulment, what are the principal effects on the spouses’ civil status and their property relations?

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Voidable marriages; remedy is legal separation; petition must be filed by the parent or guardian on behalf of the minor; the marriage remains valid until separation and the conjugal partnership continues. Only marriages where both parties are 25 or older may become voidable; remedy is annulment; petition by either spouse; the effects are the same as in A. Voidable marriages; governed by Article 45 of the Family Code; the marriage remains valid until annulment; remedy is annulment; petition may be filed by either spouse; upon grant, the marriage is dissolved and the spouses revert to single status with dissolution of the conjugal partnership. Void ab initio marriages; governed by the general nullity rule; remedy is declaration of nullity; petition may be filed by either spouse; the marriage is null from the start and has no civil effects dating from celebration.

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