1. Concept Absentee spouse – refers to a spouse whose whereabouts are known. Presumptive death – means one is presumed death for legal purposes. 2. Kinds of Disappearance a. Without danger of death Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the…
1. Contrary to Public Policy Contrary to public policy 1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree 2) Between step-parents and step-children 3) Between parents-in-law and children-in-law 4) Between the adopting parent and the adopted child 5) Between the surviving spouse of the adopting parent and the adopted…
1. Concept Incest – refers to “sexual intercourse between persons so closely related that they are forbidden by law to marry”. (Merriam-Webster Online Dictionary) 2. Incestuous Marriages Incestuous marriages 1) Between ascendants and descendants of any degree 2) Between brothers and sisters, whether of the full or half blood a. Between ascendants and descendants of…
1. Concept Psychological incapacity – refers to a “personality structure [that makes] it impossible for [a spouse] to understand and, more important, to comply with his or her essential marital obligations. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Psychological Incapacity a. Nature Art. 36. A marriage contracted…
1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse a. Absence of a marriage requisite Ground Type of Requisite Requisites 1)…
1. Concept 1) Void marriages are no marriages. (Tan-Andal v. Andal, En Banc, G.R. No. 196359, 11 May 2021, Per Leonen, J.) 2. Grounds Void Marriages Absence of a marriage requisite Psychological Incapacity Incestuous Marriages Contrary to Public Policy Re-Appearance of Absentee Spouse NB: Click on any of the above grounds for more information. 3….
1. Concept Cohabitation – means “to live together as or as if a married couple”. (Merriam-Webster Online Dictionary) 2. Marriages with Prior 5-year Cohabitation Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without…
1. Concept Muslim – means “an adherent of Islam”. (Merriam-Webster Online Dictionary) ethnic group – refers to “a group of people who can be seen as distinct (= different) because they have a shared culture, tradition, language, history, etc.” (Cambridge Online Dictionary) 2. Marriages among Muslims or Members of Ethnic Cultural Communities Art. 33. Marriages…
1. Concept Remote places – refer to “[r]emote areas are far away from cities and places where most people live, and are therefore difficult to get to.” (Collins Dictionary) 2. Marriages in Remote Places Art. 28. If the residence of either party is so located that there is no means of transportation to enable such…
1. Concept Articulo mortis – means “at the point of death”. (Merriam-Webster Online Dictionary) 2. Marriage in articulo mortis Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing…