Practice question
Spouses jointly petition to declare their marriage void solely because both now prefer to be single. They invoke freedom of contract and offer no statutory ground or supporting proof. What follows from the State-policy framework?
- Mutual preference necessarily proves a void marriage
- Every joint statement binds the court to grant nullity
- A divorce by private agreement automatically occurs
- The court must ignore all evidence whenever spouses agree
- Private agreement alone is not a legal ground; the court must apply the governing marriage law and safeguards
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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