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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ I. Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

Question

III. PERSONS AND FAMILY RELATIONS
I. Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

Marvin and Donna got married in 2010. Their marriage appeared to be solid and happy, but after a few years, Marvin discovered that Donna had concealed a pre-existing mental illness from him prior to their marriage. Marvin now wants to have their marriage declared voidable.

Based on the given scenario and the provisions of the Family Code, answer the following questions:

  1. What are the grounds for a marriage to be declared voidable, as provided for in the Family Code?
  2. Could Marvin file a petition to declare their marriage voidable? Why or why not?
  3. What are the effects of a voidable marriage? Discuss.
  4. What remedies are available to Marvin in case their marriage is declared voidable?


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Bar Review Question: III. PERSONS AND FAMILY RELATIONSI. Voidable Marriages, Effects and Remedies (Family Code, arts. 45