All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ H. Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

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III. PERSONS AND FAMILY RELATIONS: H. Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

Alex and Maya got married in the Philippines in 2010. Two years later, Alex discovered that Maya had a previous marriage in the United States that was not legally dissolved at the time of their marriage. Distraught and seeking legal advice, Alex approached you as a lawyer specializing in family law.

Discuss the legal effects of a void marriage under Philippine law.
What remedies are available to Alex in light of the void marriage? Explain each remedy briefly.
If Alex and Maya have children, how will their status and legitimacy be affected by the void marriage? Provide relevant provisions of the Family Code.
Citing specific provisions of the Family Code, explain the grounds for the annulment of a voidable marriage.

Without prejudice to any additional filings or actions, provide a brief general strategy that Alex should consider in resolving his situation.

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