Professional Documents
Culture Documents
FAMILY
MARRIAGE
NATURE AND DEFINITION OF MARRIAGE
Humankind’s most basic and oldest social unit is
the family. It is a social institution primarily
established by society to ensure its continuity and
to regulate the sexual behavior of its members.
The family is the primary group where the child
is initially socialized and initiated in the ways of
life of his group. The family provides the child’s
social, psychological, and emotional needs –
warmth, intimacy, affection, love, nurturance,
care and security.
Marriage is another human construction to
insure the continuity of the family and the
eventual perpetuation of the human specie.
The New Family Code of the Philippines, which
became effective on August 3,1998, defines
Marriage as a special contract of permanent
union between a man and a woman entered into
in accordance with law for the establishment of
conjugal and the family life.
Light and Keller (1985)
defines marriage as a socially recognized
union between two or more individuals that
typically involves sexual and economic rights
and duties.
c. A third
meaning of marriage suggest that families and
the marital relationship exist for the
individual.
IMPORTANT LEGAL MATTERS ON
MARRIAGE
A. ESSENTIAL REQUISITES FOR
MARRIAGE
Family Code of the Philippines provides:
Art. 2: No marriage shall be valid,
unless these essential requisites are present:
1. Legal capacity of the contracting parties
(18 yrs. or upwards), who must be a male
and female; and
2. Consent freely given in the presence of the
solemnizing officer.
B. FORMAL REQUISITES OF MARRIAGE
Art.3. the formal requisites of marriage are:
1. Authority of solemnizing officer;
2. A valid marriage license except in cases provided in chapter
2 of this title; and
3. A marriage ceremony which takes place with the appearance
of the contracting parties before the solemnizing officer and
their personal declaration that they take each other as
husband and wife in the presence of not less than two
witnesses of legal age:
Art.4.The absence of any of the essential or formal requisites
shall render the marriage “void ab initio” (void from the
beginning) except as stated in Article 35(a).
C. ANNULMENT OF A MARRIAGE
ANNULMENT
refers to hr legal process of filing a petition in the
appropriate court seeking a judicial declaration
of making a marriage null and void ab initio or
from the beginning as if no marriage took place.
Art.45.Enumerates the grounds for
annulment of marriage, as follows:
1. One of the contracting parties is 18 yrs. of
age or over but bellow 21 and without
parental consent;
2. Either party was of unsound mind;
c) Biological maintenance;
d) Socialization;