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MARRIAGE AND

FAMILY
IMPORTANT LEGAL MATTERS ON
MARRIAGE
A. ESSENTIAL REQUISITES FOR
MARRIAGE

Family Code of the Philippines provides:


Art. 2: No marriage shall be valid,
unless these essential requisites are present:
1. Legal capacity of the contracting parties
(18 yrs. or upwards), who must be a male
and female; and
2. Consent freely given in the presence of the
solemnizing officer.
B. FORMAL REQUISITES OF MARRIAGE
Art.3. the formal requisites of marriage are:
1. Authority of solemnizing officer;
2. A valid marriage license except in cases provided in
chapter 2 of this title; and
3. A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in the
presence of not less than two witnesses of legal age:
Art.4.The absence of any of the essential or formal
requisites shall render the marriage void ab initio
(void from the beginning) except as stated in Article
35(a).
C. ANNULMENT OF A MARRIAGE

ANNULMENT
refers to hr legal process of filing a petition in the
appropriate court seeking a judicial declaration
of making a marriage null and void ab initio or
from the beginning as if no marriage took place.
Art.45.Enumerates the grounds for
annulment of marriage, as follows:
1. One of the contracting parties is 18 yrs. of
age or over but bellow 21 and without
parental consent;
2. Either party was of unsound mind;

3. Consent of either party was obtained by


fraud, force and intimidation;
4. Either party was physically incapable of
consummating the marriage with the
other; and
5. Either party was afflicted with a sexually
transmissible disease found to be serious
and incurable.
D. LEGAL SEPARATION
Legal Separation- refers to the legal process of
filling a petition in the appropriate court seeking a
judicial declaration of legal separation for married
couples.
Art.55. A petition for legal separation may be filed
on any of the following grounds:
1. Repeated physically violence or grossly abusive
conduct directed against the petitioner;
2. Physical violence or moral pressure to compel the
petitioner, apolitical affiliation;
3. Attempt of respondent to corrupt r induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement;
4. Final judgment sentencing the respondent to
imprisonment of more than six yrs; even if
pardoned;
5. Drug addiction or habitual alcoholism of the
respondent;
6. Lesbianism or homosexuality of the respondent;

7. Contracting by the respondent of a subsequent


bigamous marriage, whether in the Philippines
or abroad;
8. Sexual infidelity or perversion;

9. Attempt by the respondent against the life of


the petitioner; or
10. Abandonment of petitioner by respondent
without justifiable cause for more that one year.
NORMS OF MARRIAGE ON THE SELECTION OF
POTENTIAL MARRIAGE PARTNERS
1. Endogamy-is a rule that requires a person to
marry someone from within his or her own
grouptribe, nationality, religion, race
community, or any other social grouping.
2. Exogamy-is a rule that requires a person to
marry someone from outside his her own group.
3. Sororate-prescribes that a widower marry the
sister or nearest kin of the decease wife.
4. Levirate-prescribes that widows marry the
brother nearest kin of the deceased husband.
FORMS OF MARRIAGE
1. Monogamy
. marriage between one man and one woman.

2. Polygamy or plural marriage


. has three forms:

a) Polygyny- one husband and two or more


wives
b) Polyandry- one wife and two or more
husbands
c) Group marriage- two or more husbands and
two or more wives.
BASIS ON CHOOSING A MARRIAGE
PARTNER
1. Parental Selection or Arranged
Marriages
.Families that have important stake in the type
of spouse their son or daughter will take
usually practice.
2. Romantic Love
.Romantic love has become an important basis
for marriage in our society. It is the theme of
most of our popular songs, the subject of many
of our movies and television shows, and made
active in scores of popular books and magazine
articles.