CHAPTER V

VOID OF MARRIAGE

 

Section 1494.- The marriage will be void in only respect of the provisions of this Chapter.

 

Section 1495.- The marriage in violation of Section 1449, Section 1450, Section 1452 and Section 1458 shall be void.

 

Section 1496.- Only a judgement of the Court will express that the marriage in contravention of Section 1449, Section 1450 and Section 1458 is void.

The spouses, the parents or the spouses’ descendants are able to file an application with the Court to adjudge that the marriage is void. If there is none of the said persons, any interested person may make a request to the Public Prosecutor for applying to the Court for the judgement.

 

Section 1497.- The marriage being done against Section 1452 is void. Any interested person may allege or apply for a judgement of the Court that the marriage is void.

 

Section 1497/1.- In case of the Court gives the final judgement that a marriage is void, the Court shall notify the matter to the Marriage Registrar in order to have it entered in the Marriage Register. 

 

Section 1498.- The void of marriage will not create property relation between the husband and wife.

In case of the marriage being adjudged as void, the property being possessed or acquired by either husband or wife before or after the marriage as well as the fruits thereof remain as that party’s property. As for all the properties, being jointly earned, shall be divided equally with the exception of the Court will deem advisable to order otherwise when having considered the obligation of the family and earnings of both parties as well as their station in life, including all other circumstances.   

 

Section 1499.- The marriage adjudged void as contrary to Section 1449, Section 1450 or Section 1458 shall not prejudice the right acquired through such marriage before pronouncing the final judgement effecting the void of the marriage by the party who has married in good faith.

The marriage adjudged void as being contrary to Section 1452 shall not prejudice the right acquired through such marriage before the man or woman knows the cause of the marriage being void. But the said marriage shall not make one spouse become statutory heir of the other and have the right of inheritance to the other spouse.

In case of marriage adjudged void as contrary to Section 1449, Section 1450, Section 1452 or Section 1458, if one party only acted in good faith, such party may claim compensation. However, if such marriage makes the party in good faith become destitute deriving insufficient income out of his or her property or business which used to be carried on before pronouncing the final judgment to effect the void of the marriage, or before the void of his or her marriage becoming known, as the case may be, that party can also claim living allowance, and the provisions of Section 1526 paragraph one and Section 1528 shall be applied to the claim for living allowances, mutatis mutandis.

The right of claim for compensation or the living allowances under paragraph three shall have prescription of two years as from the date of the Court giving the final judgement to effect the void of the marriage in case of the marriage made against Section 1449, Section 1450 or Section 1458, or from the day when the void of his or her marriage becoming known in case of marriage made against Section 1452.