MARRIAGE AND

DISSOLUTION OF
MARRIAGE
CHAPTER 2
TABLE OF CONTENTS
•MARRIAGE
         -Forms of Marriage
         -Kind of Marriage
•RESIDENCE AFTER MARRIAGE
•WHAT IS MARRIAGE LICENSE
•FINANCIAL CONSIDERATIONS OF MARRIAGE
•MARRIAGE UNDER PHILIPPINE LAW
•LEGAL REQUISITES FOR MARITAL COHABITATION
       -How marriage is solemnize?
       -Who confers marriage license?
       -Requisites of marriage Certificate
•VOID AND VOIDABLE MARRIAGES
•DIRIMENT IMPEDIMENTS
•FRAUD AS A GROUND FOR MARRIAGE ANNULMENT
•LEGAL SEPARATION
•DIVORSE
ADORABLE,
ABUELA, ARMEZA,
PAUL JOSHUA
LANDER DIDAL HAROLD D.
C.

FACILITATORS ASUNCION,
BACARRA, BAIDIANGO,
FOR MARIANNE
ANTONNETE,T.
ABIGAIL C. ANN AUBREY A.

CHAPTER 2:
BARRAMEDA, BAYOS, MAIKA BENIGNO,
MARIELLE B. CERELA F. LESTER JOHN P.

BRIQUILLO,
JHON PUAL N.
ABUELA,
FACILITATOR: LANDER
DIDAL
MARRIAGE

Marriage is a social union or legal contract between individuals that creates kinship. It is an institution
in which interpersonal relationships, usually intimate and sexual, are acknowledged by a variety of
ways, depending on the culture or demographic.

According to Confucius, "Marriage is the union of two different surnames, in friendship and in love, in
order to continue the posterity of the former sages, and to furnish those who shall preside at the
sacrifices to heaven and earth, at those in the ancestral temple, and at those at the altars to the spirits
of the land and grain." Philosopher. historian, and literary essayist Thomas De Quincey defined
marriage as "a union between two persons, who lived in harmony so absolute with each other, as to
be independent of the world outside."

What motivates someone to marry? The following are some of the reasons:

          a. love, economic,  e. adventure, 

          b. parents' wishes, f. protection, and 
          c. escape from loneliness,  g. sexual attraction
          d. financial security, 
Forms of Marriage  Kinds of Marriage 
1. Adoptive Marriage 
1. Monogamy 2. Sororate Marriage 
2. Polygamy Types of
3. Levirate Marriage
polygamy 
    a. Polyandry  4. Ghost Marriage 
    b. Polygyny 5. Endogamy Marriage
6. Exogamy
ADORABLE,
FACILITATOR: PAUL
JOSHUA C.
RESIDENCE AFTER MARRIAGE

• NEOLOCAL RESIDENCE- This means that the newly

married couple lives in their own residence.
• PATRILOCAL RESIDENCE- This means that the newly
married couple moves in with the husband’s parents.
• VIRILOCAL RESIDENCE- Is another term used for this
type of residence.
• MATRILOCAL/UXORILOCAL RESIDENCE- This means
that the newly married couple moves in with the wife’s
parents
WHAT IS MARRIAGE LICENSES?

A marriage license is a document issued, either by the church or state authority, authorizing a
couple to marry. The procedure for obtaining a license varies between jurisdictions, and has
changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a
marriage which would otherwise be illegal (for instance, if the necessary period of notice for the
marriage had not been given).

What's the difference between a marriage license and a marriage

certificate?
COMMON LAW MARRIAGE 

Is sometimes called de facto marriage, informal marriage or marriage by habit and repute, is a
form of interpersonal status which is legally recognized in some jurisdictions as a marriage even
though no legally recognized marriage ceremony is performed or civil marriage contract is
entered into or the marriage is registered in the civil registry.
Same- sex marriage 
It is a term used to describe a legally or socially recognized
marriage between two persons of the same biological sex or social
gender.

ETYMOLOGY OF MARRIAGE
The modern English word “marriage” derives from the middle
English mariage which first appears in 1250-1300 C.E. this turn is
derived from old French marier (to marry) and ultimately latin
maritare (to marry) and maritus (of marriage)
ARMEZA,
FACILITATOR:
HAROLD D.
Financial considerations of Marriage 

The financial aspects of marriage vary between cultures and have changed over time. In some cultures,
dowries and bride prices continue to be required today. After the marriage in early Modern Britain all the
property (called "fortune") and expected inheritances of the wife belonged to the husband.

[Link]
         A dowry was not an unconditional gift, but was usually a part of a wider
marriage settlement. For example, if the groom had other children, they could not
inherit the dowry. which had to go to the bride's children. 

2. Bride Price and Dower

         In other cultures, the groom or his family was expected to pay a bride price to
the bride's family for the right to marry the daughter, or dower, which was payable
to the bride. This required the groom to work for the bride's family for a set period
of time.
3. Modern Customs 
        In many countries today, each marriage partner has the choice of keeping his or her property separate or
combining properties. In the latter case, called community property, when the marriage ends by divorce
each owns half. 

4. Taxation 
       In some countries, spouses are allowed to average their incomes, this is advantageous to a married
couple with disparate incomes. To compensate for this, many countries provide a higher tax bracket for the
averaged income of a married couple. 

Termination of Marriage as Practiced in other Countries. In some societies, marriage is extinguished

through

1. Death
 2. Many societies also provide for the termination of marriage through divorce.
3. Marriages can also be annulled in some societies, where an authority declares that a marriage
never happened. In either event the people concerned are free to remarry (or marry). 

The earliest example of alimony is mentioned in the first recorded code of laws in the world, the
Code of Ur-Nammu. In it, a man who divorced his wife was supposed to pay her a Mina.
Marriage under Philippine Law Executive Order No. 209 (the Family Code of the Philippines, as
amended Executive Order No. 227) prescribe the following legal provisions concerning
marriage. Marriage (Article 1, FC)

 Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code (Desiderio, 2006).

Two (2) essential requisites of valid marriage are (Art. 2, FC): 

a. Legal capacity of the contracting parties who must be a male and a female; and 
b. Consent freely given in the presence of the solemnizing officer.

 (3) formal requisites of marriage are (Art. 1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided in Family Code Family Code Provides
Marriages Exempted from: a. Marriages in articulo mortis or at the point of death (Art. 27 FC); b.
Marriages remote places (Art. 28, FC.); c. Marriages between Muslims or among members of the
ethnic cultural communities (Art. 33, FC.); d. Legal ratification of marital cohabitation (Art. 34,
FC.).
ASUNCION,
MARIANNE
FACILITATOR:
ANTONETTE
T.
Legal Requisites for Marital Cohabitation

• The man and woman must have been living together as husband and wife at least five (5) years
before marriage:
• The parties must have no legal impediment to marry each other:
• The fact of absence of legal impediment between the parties must be present at the time of
marriage, not during their five (5) year cohabitation:
• The parties must execute an affidavit stating that they have lived together for at least five (5)
years; and
• The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications of the parties and that he found no legal impediment to their marriage.
• Marriage solemnized outside the Philippines where no marriage license is required by the
country where it was solemnized (Desiderio, 2006.)

3. A marriage ceremony which takes place with:

a. Appearance of the contracting parties before the solemnizing officer;

b. Their personal declaration that they take each other as husband and wife; and 
c. In the presence of not less than two (2) witnesses of legal age.
•Note: The absence of any of the
essential or formal requisites shall
render the marriage void ab initio
(Art. 4), except as stated in Article 35
(2) which is read as follows…
  
  “Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted
with either or both parties believing
in good faith that the solemnizing officer
had the legal authority to do so”
What happens if parental
consent is required, but not
secured or given?
Two limitations:
• It could be filed only on behalf of the party who is between 18 and
21 at the same time of marriage.
• The petition could no longer be filed after the concerned party
reaches 21 and freely cohabited with the other, and both lived
together as husband and wife. The marriage is considered ratified if
no petition is timely filed (Philippine e-Legal Forum).

Could the parents give their consent to the marriage of their child who
is below 18 years old?
BACARRA,
FACILITATOR:
ABIGAIL C.
Who are allowed to
solemnized Marriage?
1. Chief Justice and Associate Justice Court
2. Presiding Justice and Justices of the court of appeals;
3. Judges of the courts of first instance;
4. Mayors of Cities and municipalities
5. Municipalities and justices of the peace;
6. Any priests, pastors, rabbis, etc...
7. Any ship captain or airplane chief;
8. Any military commander of a unit to which a chaplain is assigned
9. Any consul-general, consul or vice consul in the c provided in art 10
of family code
How Marriage is
Solemnize?
The marriage shall be
solemnized publicly in
the office of the judge in
open court or of the
mayor, or in the church,
chapel or temple, as the
case may be, and not Who confers Marriage
elsewhere, except in license?
cases of marriages
contracted on the point A marriage license shall be
of death or in remote issued by the local civil
places.  registrar of the city or
municipality where either
contracting party habitually
resides, except in marriages
where no license is required
Requisites of
1. Full Name, sex, age of each  contracting party
Marriage Certificate 2. The citizenship, religion and habitual
residence;
3.  The date and precise time of the celebration
of the marriage
4.  That the proper marriage license has been
issued acc to law, except in marriage provide
for in chap 2 of this title: 5
5. That either or both of the contracting parties
may have complied with the legal requirement
regarding parental advice in appropriate
cases; and 
6. That the parties have entered into marriage
settlement, if any attaching a copy thereof.
BAIDIANGO,
FACILITATOR: ANN AUBREY
A.
BAIDIANGO,
FACILITATOR: ANN AUBREY
A.
BAIDIANGO,
FACILITATOR: ANN AUBREY
A.
Void and Voidable
Marriages
•Art. 35. The following marriages shall be void from the beginning:

•(1) Those contracted by any party below eighteen years of age even with the consent of parents or
guardians;
•(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so;
•(3) Those solemnized without license, except those covered the preceding Chapter;
•(4) Those bigamous or polygamous marriages not failing under Article 41;
•(5) Those contracted through mistake of one contracting party as to the identity of the other; and
•) Those subsequent marriages that are void under Article 53 which read as follows…
•Either of the former spouses may marry again after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be null and void.
•(7) Those marriages contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.
What is Psychological Incapacity?

Psychological Incapacity refers to no less than a mental

(not physical) incapacity that causes a party to be truly not
cognitive of the basic marital covenants that
concomitantly must be assumed and discharged by the
parties  to the marriage which, as so expressed by Art 68.
Includes their mutual obligations to live together, observe
mutual love, respect and fidelity, and render mutual help
and support. 
(8) Incestuous marriage, whether the relationship between
the parties be legitimate or illegitimate (Art. 37, FC); and
9. Those which are declared void because they are
contrary to public policy (Art. 38, FC, Desiderio, 2006)
The following marriages shall be void from the beginning for
What is the reason reasons of public policy:
behind the rule that • Between collateral blood relatives whether legitimate or
a void marriage must illegitimate, up to the fourth civil degree;
be declared void? • Between step-parents and step-children;
The reason behind the rule is
            • Between parents-in-law and children-in-law;
to do away with any continuing
• Between the adopting parent and the adopted child;
uncertainty on the status of the
second marriage. Incestuous and • Between the surviving spouse of the adopting parent and the
void marriages, whether adopted child;
relationship between the parties
• Between the surviving spouse of the adopted child and the
be legitimate or illegitimate:
adopter;
• Between ascendants and
• Between an adopted child and a legitimate child of the adopter;
descendants of any degree; and
• Between adopted children of the same adopter; and
Between brothers and sisters,
whether of the full or half blood • Between parties where one, with the intention to marry the
other, killed that other person’s spouse, or his or her own
spouse. 
BARRAMEDA
FACILITATOR: , MARIELLE
B.
Annulment of Marriage 

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an
annulled marriage is considered never to have existed. In strict legal terminology, annulment refers only to
making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a
legal declaration of nullity is required to establish this (Desiderio, 2006).

Six(6) Grounds of Annulment of Marriage

 Marriage may be annulled for any of the following causes: 

[Link] the party in whose behalf it is sought to have the marriage annulled was eighteen
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents,guardian or person having substitute parental authority over the
party, in that order,unless after attaining the age of twenty-one,such party freely cohabited
with the other and both lived together as husband and wife;
[Link] either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife; 

[Link] the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife; 

4. That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party there after freely
cohabited with the other as husband and wife; 

5. That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or 

6. That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable (Art. 45,FC,Desiderio,2006).
BAYOS,
FACILITATOR: MAIKA
CERELA F.
Reasons for
Annulment

A reason for annulment called a Diriment

Impediment to the marriage. Prohibitory
impediments make entering a marriage wrong but
do not invalidate the marriage,
such as being betrothed to another person at the
time of the wedding; Diriment Impediments,
 such as being brother and sister, or being married
to another person at the the time of the wedding,
prevent such a marriage from being contracted at
all, 
Such unions called putative marriages (Desiderio,
2006)
The following are Diriment 2. Insanity precluding ability
DIRIMENT IMPEDIMENTS  1. Consanguinity
Impediments:  to consent

4. One partner had been 5. Abduction of a person, with

3. Not intending, when deceived by the other in order the intent to compel them to 6. Failure to adhere to the
marrying, to remain faithful to to obtain consent, and if the marry (known as raptus), requirements of canon law for
the spouse (simulation of partner had been aware of he constitutes an impediment as marriage, such as
consent) truth, would not have long as they remain in the clandestinely.
consented to marry. kidnapper's power.

8. The couple committed

7. The couple killed the adultery, and one of the
spouse of one of them to be couple killed the spouse of
free to marry and one of them, in order to be
free to marry.
Requisites in order that physically incapacity will serve as a ground for annulment of
marriage: 

1. That either party was, at the time of the marriage, physically incapable of
consummating the marriage with other. 
2. That such incapacity continues
3. That it appears to be incurable and
4. At the time of marriage, it was unknown to the other party (Art 45) (5) (FC). 

What is so called Triennial Cohabitation? 

Doctrine of triennial cohabitation" it is a doctrine of common law, which declares the

presumption that the husband is impotent should the wife still remain a virgin after
living together with the husband for three years.
BENIGNO,
FACILITATOR: LESTER
JOHN R.
Fraud as a Ground for Marriage Annulment
      The Following circumstances shall constitute fraud:

• Non disclosure of a previous conviction by final judgement of the other party of crime involving moral
turpitude;
• Concealment by the wife of the fact that at the time of marriage, she was pregnant by a man other
than her husband;
• Concealment of sexually transmissible disease, regardless of its nature, existing at the time of
marriage; or 
• Concealment of drugs addiction, habitual alcoholism or homosexuality or lesbianism existing at the
time of marriage (Art. 46, FC, Desiderio, 2006).

Legal Separation

 Legal separation (sometimes "Judicial Separation", separate maintenance ","divorce a mensa et thoro",
or "divorce from the bed and board") is a legal process by which a married couples may formalize a de
facto separation whilst remaining legally married.

Who and when may petition for legal separation be filed?

Ten (10) Grounds for Legal Separation

• Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner.
• Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation.
• Attempt or respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement;
• Final judgement sentencing the respondent to imprisonment or more than six years, even if
pardoned.
• Drug addiction or habitual alcoholism of the respondent;
• Lesbianism or homosexuality of the respondent;
• Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad;
• Sexual infidelity or pervision;
• Attempt by the respondent against the life of the petitioner; or 
• Abandonment of petitioner by the respondent without justifiable cause for more than one
year (Art. 55, FC, Desiderio,2006).
Denial of petition for legal separation shall be on any of the following grounds:

•  where the aggrieved party has condoned the offense or act complained of;
• Where the aggrieved party has consented to the commission of the offense or act complained of;
• Where there is connivance between the parties in the commission of the offense or act constituting the
ground for legal separation;
• Where both parties have given ground for legal separation;
• Where there is collusion between the parties tye decree of legal separation;
Prescription of action or where the action was not filled within five (5) years from the time of the occurrence of
the cause (Art. 56, FC, Desiderio, 2006).

The decree of legal separation shall be have the following effects:

• The spouse shall be entitled to live separately from each other, but the marriage bond shall not be
severed;
• The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending
spouse shall have no right to any share of the net profit earned bybthe absolute community or the conjugal
partnership, which shall be forfeited in accordance with the provisions of Article 43 (2) of the F.C. which
read as…
       "The absolute community of property or the conjugal partnership, as the case may be shall be dissolve
and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of
the community property or conjugal partnership property shall be forfeited in favor of the common children
or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the
innocent spouse."
[Link] custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of
Article 213 of FC which read as…
       "In case of separation of the parents, parental authority shall be exercised bynthe parent designated
by the Court. The Court shall take into account all relevant considerations, especially the choice of the
child over seven years of age, unless the parent chosen is unfit."
[Link] offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse
shall be revoked by operation of law (Art. 63, FC, Desiderio, 2006).
Distinction of Legal Separation from Annulment of Marriage are:

[Link] marriage is not effective in legal separation. The marriage is defective in annulment.
[Link] legal separation, the grounds arise only after the marriage. In annulment of marriage, the grounds
must exist at the time of or before the marriage.
[Link] legal separation, the spouses are still married to each other and cannot therefore, remarry. In
annulment of marriage, the spouses can marry again as the marriage is set aside.
[Link] legal separation, there are ten (10) grounds for leg separation while in annulment there are only six
(6) grounds (Desiderio, 2006).

Note: A pending Bill in congress provides that the grounds for Annulment of Marriage under the Family
Code be used as grounds in divorce, and the grounds in legal separation be the grounds for annulment
of marriage.
ASUNCION,
MARIANNE
FACILITATOR:
ANTONNETE
T.
Effects of Filing of
Petition for Legal
Separation are:
[Link] spouses are entitled to live separately from each other. She can already have a residence of her own
separate from her husband’s residence.
[Link] husband has no more rights to have sexual intercourse with his wife and if he forces himself upon her, he
can be charged criminally.
[Link] court shall designate the husband or the wife to manage the absolute or conjugal partnership property in
the absence of an agreement between spouses.
[Link] court may designate a third person to administer the properties of the spouses (Art. 61, FC, Desiderio,
2006)

Distinction of Legal Separation from Annulment of Marriage are:

[Link] marriage is not effective in legal separation. The marriage is defective in annulment.
[Link] legal separation, the grounds arise only after the marriage. In annulment of marriage, the grounds must
exist at the time of or before the marriage.
[Link] legal separation, the spouses are still married to each other and cannot therefore, remarry. In annulment of
marriage, the spouses can marry again as the marriage is set aside.
[Link] legal separation, there are ten (10) grounds for leg separation while in annulment there are only six (6)
grounds (Desiderio, 2006).
•NOTES: 
•A pending Bill in congress provides
that the grounds for Annulment of
Marriage under the Family Code be
used as grounds in divorce, and the
grounds in legal separation be the
grounds for annulment of marriage
BRIQUILLIO,
FACILITATOR: JHON PUAL
N.
DIVORCE
•Divorce or dissolution of marriage is the final
termination of a marriage, canceling the legal duties
and responsibilities of marriage and dissolving the
bonds of matrimony between two persons. In most
countries, divorce requires the sanction of a judge or
other authority in a legal process.
•The legal process for divorce may also involve issues
of spousal support, child custody, child support,
distribution of property and division of debt, though
these matters are usually only ancillary or
consequential to the dissolution of the marriage
(Leges Juris Associates, 2009-2013).
TYPES OF • Key factors:
DIVORSE: • a. short marriage (less than 5 years)
TYPES OF DIVORCE:
• b. No children (in some states, they have
1.)           No-fault Divorce
resolved custody and set child support
Under a no-fault divorce system, the
• c. Minimal or no real property (no
dissolution of a marriage not require an
mortgage)
allegation or proof of fault of either party.
The application can be made by either party • d. Marital property is under a threshold.
or by both. The same holds true for Canada
• e. Each spouse's personal property is
and Germany.
under a threshold (typically the same as
2.)           Summary Divorce marital property)
A summary (or simple) divorce, available in
some jurisdictions, is used when spouses
meet certain 
3.) Uncontested Divorce 
it is estimated that upwards of 95% of divorces in the US are "uncontested," because the two parties are
able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the
property, children and support issues. When the parties can agree and present the court with a fair and
equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an
agreement, they may ask the court to decide how to split property and deal with the custody of their
children.
4.) Collaborative Divorce
Collaborative divorce is becoming a popular method for divorcing couples to come to agreement on
divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of
attorneys who are trained in the collaborative divorce process and in mediation, and often with the
assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make
their own decisions based on their own needs and interests, but with complete information and full
professional support.
5.)  Mediated Divorce
Divorce mediation is an alternative to traditional divorce litigation. In a divorce session, a mediator
facilitates the discussion between the husband and wife by assisting with communication and providing
information and suggestions to help resolve differences. At the end of the mediation process, the
separating parties have typically developed a tailored divorce agreement that can be submitted to the
court (Kassulke, 2013).
Grounds for Divorce

There are three principal players involved in your marriage that will also be involved in your
divorce: you, your spouse, and the state. You cannot simply break up. saddle your charger,
and ride off into the sunset. Among other legal considerations, you to give the state an
acceptable reason why you should be allowed to break up. The reason is known as the ground
for your divorce. Over the years each state has enacted legislation that governs acceptable
grounds. There are different grounds for a divorce, separation, and annulment. Some states
only have a single ground for divorce-no fault or irreconcilable differences. 

Typical grounds for an absolute divorce are:

• Adultery
• desertion (constructive and actual);
• voluntary separation: > criminal conviction of a felony or misdemeanor,
• insanity.

Note: Divorce is not practiced in the Philippines.

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