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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ F. Marriage, General Principles (Family Code, Art. 1) ▸ 2. Effects of Absence, Defect or Irregularity - Family Code, Art. 4

Question

F. Marriage, General Principles - Effects of Absence, Defect or Irregularity

Mr. Juan and Ms. Maria, both residents of the Philippines, decided to get married after a long courtship. They went to the City Hall to secure their marriage license prior to their planned wedding date. However, upon examination of the requirements, they discovered that one of the documents needed was missing. They were informed that the Absentee Spouse's Affidavit was not included in their application.

Confused and worried, Mr. Juan and Ms. Maria seek your advice as a legal professional regarding the effects of this absence or defect in their marriage license. Answer the following questions:

  1. What is the significance of the Absentee Spouse's Affidavit in relation to the validity of a marriage license?
  2. In the absence or defect of the Absentee Spouse's Affidavit, what is the effect on the validity of Mr. Juan and Ms. Maria's marriage?
  3. Under what circumstances, if any, can the absence or defect of the Absentee Spouse's Affidavit be cured to ensure the validity of a marriage?


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Bar Review Question: F. Marriage, General Principles - Effects of Absence, Defect or Irregularity Mr. Juan and Ms. Mari