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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

Question:

Alice married Bob without full understanding of the consequences of marriage due to her mental incapacity. After two years of marriage, Alice regained her mental capacity and now wishes to have the marriage declared voidable. Bob, however, insists that the marriage is valid and refuses to annul it.

Discuss the following:

  1. What are the grounds for a voidable marriage under the Family Code?
  2. Can Alice have the marriage declared voidable? Explain.
  3. What are the effects of declaring a marriage voidable?
  4. What remedies are available to Alice if the marriage is declared voidable?


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