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CHAPTER 16

MARRIAGES

Marriages
 Persons acquire
special duties on
account of their moral
and legal relationship
to one another.
Nature of Marriages
 Marriages is a moral
and legal contact
between a man and a
woman.
 The subject of
marriages is the man
and woman giving their
respective consent to
live together as a
husband and wife for
christians marriage is
of divine institution.

Guy Marriage
 Or Marriage between
two same sex though
legalized in some
countries is not strictly
a marriage in its moral
sense
Polygamy
 Which is having more
than one wife or
husband at the same
time

Polyandry
 Which is having more
than one husband at
the same time
Bigamy
 Is contracting
marriage while an
excisting marriage is
still validly in effect.

Legal Requirement for


Marriage
1. Contracting parties
must be a male and
female of legal
age.both are at least
18 years old free from
any legal impediments
as define by the law.
a. Existing previous
Marriage
b. Mental or
Psychological
incapacity
c. Consaguinity such
as that between a
brother and sister
d. Treachery or deceit
such as pretending
that one is single
2. Free and voluntary
consent must be
expressed in the
presence of a
solemnizing officer.
The purpose of
Marriage
 Marriage has the
twofold purpose of
establishing a conjugal
life (Companionship)
and the establiahing of
a family (procreation
and support of
children).
Marriage as Sacred
 It is sacred union of
the souls of the
spouse.
The indissolubility of
Marriage
 The indissolubility of
marrige derives from
the expressed
commitment of the
spouse to given
themeselves to one
another wholly and
complately for the rest
of their earthly life.
The meaning of
Conjugal love
 It is rational reaponse
to a deeper meaning of
life by sharing self with
another in the spirit of
love.
Characteristic of
conjugal love
1. It is human. It is not
merely the appetite of
the senses.
2. It is total . It is a
special form of
friendship of
generous sharing of
everything without
under reservation or
selfish calculation.
3. It is faithful and
exclusive until death.
4. It is fertile because
it helps husband and
wife grow in mutual
respect and love and
concern for each
other.
Sex and Marriage
 Sex is not that all
important in a happy
marriage.
 Sex is a normal
biological needs.
Responsible
Parenthood
 When marriage is
blessed with children it
becomes the primary
reaponsibility of the
parents to care for
them.
Rights and duties of
husband and wife
1. The husband and
wife are obliged to
live together
observe mutual
love, Respect, and
fidelity and render
mutual help and
support
2. The husband and
wife shall fix the
family domicile in
case of
disagreement the
court shall decide
3. The spouse are
jointly responsible
for the support of
the family
4. When one of the
spouses neglects
his or her duties to
the union or
commits acts which
tend to bring
danger, dishonor or
injury to the other or
to the family the
aggrieved party
may apply to the
court for relief
5. Neither spouse
may exercise any
legitimate
profession
occupation,
business, or
activities without the
consent of the
other.
The Authority of the
husband
 The family Code
affirms the equal
sharing authority by
husband and wife over
the children and the
affairs affecting the
family
 The filipino
differentiates between
the function of husband
and wife the father is
the ( Haligui ng
tahanan ) or the pillar
which supports and
carries the weight of
responsibility for the
family.
 The mother is ( ilaw
ng tahanan ) the lights
that gives life and
moral guidance for the
family
Legal Separation
 Legal separation
differs from annulment
of marriage which
nullifes the marriage
contract thereby
allowing husband and
wife to live separately
and enter into marriage
with another partner.
1. Repeated physical
violence or grossly
abusive conduct
directed against the
petitioner, a common
child, or a child of the
petitioner
2. Physical violence or
moral preasure to
compel the petitioner to
change religious or
political affiliation
3. Attempt of responded
to currupt or induce the
petitioner a common
child or a child of the
petitioner to engage in
prostitution or
connivance in such
curruption or
inducenent
4. Final judgment
sentencing the
respondent to
Imprisonment of more
than six years even if
pardoned
5. Drug addiction or
habitual alcoholism of
the respondent
6. Lesbianism or
homosexuality of the
respindent
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
10. Abandonment of
petitioner by
respondent without
justifiable cause for
more than one year.
Adultery
 Adultery is commited
when either the
husband or the wife
indulges in sexual
intercourse with any
third person

Concubinage
 Sexual intercourse
between two person
neither of whom is
married is
forminication.
Divorce
 Divorce is the legal
act which dissolves the
marriage contract and
grants to the married
couple the right to
remerry.