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FAMILY CODE

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FAMILY CODE Empty FAMILY CODE

Post  joy Thu Sep 22, 2011 5:39 pm

FAMILY CODE
-Law approved under executive #209 code of the family code of the Philippines on July 06,1987

1.Who is the President in 1987?
- President Corazon Aquino
2.Is it required that both female and male only be married?
- No, because of marality issues, divine statement (special & circuit court)
3.What about contracting officiating ministers? Are they allowed to officiate the marriage?
- Yes, as long as they have a lisense to officiate
4.Does our family code approved divorce?
- No,
5.What valid ground can validate a legal separation?
- moral, incapable of financial,death, commiting adultery,insanity,physical abuse
6.IS marriage exclusive or intended to the church if it is not out dore of the church, is their a required by law?
- Yes, their is a requirement (affidavit)
7.Is their a case in the Philippines where marriage was voided because of lack of disqualification in requirement?
- Yes, falcification of document
DIVORCE - a Nationwide concern

TITLE 1, CHAPTER 1, ARTICLE II
- no marriage shall be valid unless this essential requiceit.
1.Legal capacity of the contuction parties who must be a female and male.
2.Concern freely given in the presence of the solemnizing offices.

ARTICLE 1
Marriage is a special contract of permanent union between aman entered into in accordance with Law for the stablishment of conjugal and family life. It is the foundation of the family and social institution whose nature, consequences and incident are governed by law and not subject to stipulation, except that marriage setlement may fix the property relations during the marriage within the limits provided by this code.

ARTICLE III
The Formal Requiceit of Marriage are:
1.Authority of the solemnizing officer.
2.A valid marriage lisense except in the cases provide for in chapter 11 of this title.
3.A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officers and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age.

ARTICLE IV
The absence of any of the essential or formal requiceipts shall render the marriage void. AB Initio, except as stated in article 35. A defect in any of the essential requiceipts shall not affects the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

ARTICLE V
Any male of female of the age of 18 years old or upwards not under any of the impediments mentioned in Art. 37 & 38 may contract marriage.

ARTICLE VI
No prexcribe form or religious right for the solemnization of the marriage is required. It shall be necessary, however for the contracting parties to appear personaly before the solemnizing officer and declare in the presence of not less than 2 witness of legal age that theytake each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and a tested by the solemnizing officer.

In case of a marriage Articulo Mortis, when the party at the point of death is unable to sign the marriage certificate..................
1.Does family code allow marriage with a person at the point of death?
- Yes,..............
2.Can Filipino marry outsied the country?
- as long as they meet the requirements, and if their is a consent with the embasy.
3.If previos marriage, what do you think will required of the contracting party?
4.If thier a posibilities taht birth certificate of contracting party can't be presented?
- late registration, parent consent,affidavit of birth
5.In case of death certificate of previous party cannot be considered, do you think the marriage will continue as scheduled?
- Yes, because of Art. IV, secure affidavit of death
6.Is it posssible to marry a retardate/mentally incapacitated?
- No,.............

1.Many country have proxi marriages, is this include in the law?
- No, marriage is the secret vow between the couple
2.In the absence of chaplain, do you think marriage could still continue?
- ..........
3.Do you think legal separation may be sought in case of a couple who approve of one partner to marry a foreigner to afford their children a good future?
- No, because it is not a valid reason
4.Once a legal separation is effected, will both parties share with both properties plus the profits in their business equally?
- No, depends on their share invesment. Because the winning party will get the properties.
5.To whom will the custody of the children be granted, wife of husband?
- ............it depends on the case

REQUIREMENTS IN APPLYING MARRIAGE
1.Birth certificate or Baptismal certificate
2.Waiting period of 15 days
3.Payment of fees of lisence
4.Seminar
5.Previous marriage requirement
6.2 witness
7.Officiate (member of local judiciary,pastors,priest,ministers,consul general,mayors,senators, etc.)

*Death certificate of the desease partner
*Judicial degree of your absolute divorce
*Declaration of previos marriage

1.Does law allow partner to draw from family support from separate properties instead of community properties?
YES - because of the great need
2.Will the Philippine law allow either or both parties to engage in Bus., job, or other activities without the consent of the other?
YES -
3.Is there a law that grants marriage without marriage license? And its affects in actual marriage.
YES - File a cohabitation affidavit
4.Does Philippine Law allow cousin marriage?
NO -
Consanguinity - Blood relationship

EXECUTIVE ORDER 209
Family Code of the Philippine, July 6 1987
(As aapproved by Corazon Aquino)
TITLE I: Marriage
Chapter I - Requisit MArriage
Essential Requisits:Legal Capacity
1.Consent given by them
2.Valued married License
3.Marriage ceremony which take place with the appearance of contracting parties

Age 18 Above
Individual at least 21 years old without parental consent. Individual between 21-25 must ask there parents for advice upon intended marriage. 3 months delayed if no parental advice has to be primarital counceling.

OFFICIENTS: They must be a members of local judiciary (mayor,fiscal,huwes,pastors,priest,imams,consul generals,military commanders,chaplains,chief captain,any religious sect,etc.
WEDDING LOCATIONS: Church,chapel,temple,judicial chambers,offices of consuls, etc.

TITLE 2: Questions That are to be Dealth During Ceminar
1.Do you want to have children?
2.Can we talk about money?
3.Can we talk about sex?
4.How much time we'll we spend foe our in-laws?
5.Will you clean the toilet?
6.How would you spend your day off?
7.How often do you drink?
8.Have you ever hit someone?
9.Do you think it is important to be faithful to one another?
10.What do you want will be during in 30-40 after?

joy

Posts : 7
Join date : 2010-08-20

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