Philippine Bar review · Question

Practice question: State Policy on Marriage

Multiple Choice Medium Jurisprudence

Practice question

Before marriage, a couple executes a valid marriage settlement fixing their property relations within the Family Code’s limits. Is every such agreement prohibited because marriage is governed by law?
  1. No, Article 1 expressly allows marriage settlements to fix property relations within the Code’s limits
  2. Yes, spouses can never make a property agreement
  3. Yes, property relations can only be chosen after separation
  4. Yes, constitutional protection invalidates all settlements
  5. No, because every marital duty may also be waived

Legal references

  • https://lawphil.net/consti/cons1987.html — Constitution, Article II section 12 and Article XV sections 1–3
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 1 and 48
  • https://lawphil.net/judjuris/juri2025/apr2025/gr_267998_2025.html — Maliwat-Melad v. Melad, G.R. No. 267998, April 23, 2025, main opinion

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