Ethics - Legal Sep Nullity Annulment Divorce PDF

Legal Separation, Nullity of Marriage, Annulment and Divorce
MARRIAGE
What is Marriage?
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 (Family Code, Article 1)
The Family Code of the Philippines allows the following proceedings: 1) Legal Separation, 2) Declaration of Nullity of Marriage, and 3)
Petition for Annulment of Marriage
LEGAL SEPARATION
What is Legal Separation?
(Family Code, Title II)
- Merely seeks to declare the bed and board separation of husband and wife without affecting the validity and existence of their
marital union
- The grounds for legal separation under Article 55 are:
1. Violence (Repeated physical violence)
2. Final judgment sentencing the respondent to imprisonment of more than 6 years even if pardoned
3. Drug addiction or habitual alcoholism or chronic gambling of the respondent
4. Homosexuality or Lesbianism
5. Bigamous marriage
6. Marital infidelity or perversion or having a child with another person
7. Attempt by the respondent against the life of the petitioner, common child or child of the petitioner
8. Abandonment of petitioner by respondent without justifiable cause for more than one (1) year
What are the effects of a Decree of Legal Separation (Article 63)?

1. Live separately, but the marriage bond shall not be severed
2. The offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal
partnership
3. The custody of the minor children shall be awarded to the innocent spouse
Consideration under Article 213:
“in case of separation of the parents, parental authority shall be exercised by the parent designated by the court. The court shall
take into account all relevant considerations, especially the choice over seven years of age, unless the parent chosen is unfit. No
child under seven years of age shall be separated from the mother unless court finds compelling reason to order otherwise”
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.
Intestate succession: when a person dies without having a valid will in place, his or her property passes to heirs according to the
law.
VOID and VOIDABLE MARRIAGE (Title I, Chapter 3)

(a) Void or Declaration of Nullity of Marriage is a proceeding where the marriage is sought to be declared void ab initio or void from
the beginning
(b) Voidable marriage or Annulment is a court proceeding with the objective of severing marital relations between husband and
wife. A petition of Annulment of Marriage is filed when the marriage is considered voidable or if the marriage is valid but is
susceptible of being voided pursuant to the grounds provided by law.
Declaration of Nullity of Marriage

- The following marriages shall be void from the beginning:
(1) Absence of essential or formal requisites of marriage
Essential Requisites (Article 2)
a. Legal capacity of the contracting parties who must be a male and female
b. Consent freely given in the presence of solemnizing officer
Formal Requisites (Article 3)
a. Authority of the solemnizing officer
b. A valid marriage license
! Except in several cases such as (a) either or both of the contracting parties are at the point of death, (b) residence
of either party is located wherein there is no means of transportation, (c) marriages among Muslims or among
members of the ethnic cultural communities
! A marriage license is valid for 120 days from the date of issuance (Article 20)
c. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing
officer
(2) Psychological incapacity (Article 36)
(3) Incestuous Marriage (Article 37)
o Between ascendants and descendants of any degree
o Between brothers and sisters, whether of the full or half blood
(4) Contrary to law or public policy (Article 38)
(5) Grounds enumerated under Article 35:
a. Those contracted by any party below 18 years of age even with the consent of parents or guardians
1
! The family code of the Philippines considers that a person of at least 18 years old and below 21 lacks the degree
of maturity required to fully grasp and comprehend the reality and gravity, responsibilities and consequences that
a marital relationship would entail
b. Those solemnized by any person not legally authorized to perform marriages unless such marriage were
contracted with either or both parties believing in good faith that the solemnizing office had the legal authority
c. Those solemnized without license
d. Those bigamous or polygamous marriages
e. Those contracted through mistake of one contracting party as to other identity of the other
Annulment
- A marriage may be annulled of any of the following causes, existing at the time of marriage:
1. Lack of parental consent
2. Unsound mind
3. Consent obtained by fraud
Any of the following circumstances shall constitute fraud:
(a) Non-disclosure of final judgment
(b) Concealment of wife of the fact that at the time of marriage, she was pregnant by a man other than her husband
(c) Concealment of STD
(d) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism
No other misinterpretation or deceit as to the character, health, rank or fortune shall constitute such fraud as will give grounds
for action for the annulment
4. Force, intimidation or undue influence
5. Physically incapable of consummating the marriage with the other (impotency)
! Impotency is different from sterility. Impotency renders a person incapable of performing sexual act which makes it a ground
for annulment. On the other hand, sterility does not bar a person from successfully engaging in sexual acts
6. Sexually Transmissible Disease
What are the Effects?

1. The children of the subsequent marriage conceived prior to its termination shall be considered legitimate
2. The absolute community of property or the conjugal partnership, shall be dissolved 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
3. Donations by reason of marriage shall remain valid
4. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by
testate and intestate succession.
Testate Succession: estate distribution of the deceased according to a will
DIVORCE
- Senate Bill No. 2134: An Act Instituting Absolute Divorce in the Philippines
o Introduced by Senator Ana Theresia “Risa” Hontiveros Baraquel
- Legal termination of a marriage by a court in a legal proceeding, requiring a petition or complaint for divorce by one party, which
will have the effect of returning both parties to the status of single for all legal intents and purposes
Grounds for Divorce:

1. Grounds for legal separation under Article 55 of Family Code, provided that physical violence need not to be repeated offenses
2. Grounds for Annulment of marriage under Article 45 of Family Code
3. Irreconcilable marital differences or irreparable breakdown of marriage
Effects of Divorce
1. Right to contract marriage
2. Custody of minor children and visitation rights
3. Assets shall be equally divided between the spouses
4. Alimony and child support
5. Revoke donations
Advantages of divorce
1. Both parties can decide to file for divorce
! The existence of collusion between the contracting parties to have their marriage severed is a ground for dismissal of the
petition for annulment or declaration of nullity of marriage
2. Wider coverage or grounds
! Covers grounds for annulment, nullity of marriage and annulment
3. Equal sharing of Assets
4. Alimony and Child Support
5. The petitioner who is not gainfully employed shall be entitled to support from the respondent (1 year)
6. Less costly and shorter time frame

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Legal Separation, Nullity of Marriage, Annulment and Divorce

What are the effects of a Decree of Legal Separation (Article 63)?

VOID and VOIDABLE MARRIAGE (Title I, Chapter 3)

Declaration of Nullity of Marriage

What are the Effects?

Grounds for Divorce:

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