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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSI. 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)

1. Anna, a 25-year-old woman, got married to John, a 45-year-old man, without the consent of her parents. Anna's parents were strongly against the marriage due to the significant age difference between Anna and John. After a year of marriage, Anna's parents found out about the marriage and expressed their desire to have it annulled, claiming that it was a voidable marriage. Discuss the grounds for annulment and the effects of a voidable marriage.

2. Maria discovered that her husband, Mark, had a previous marriage that he did not disclose prior to their own marriage. Concerned about the validity of her marriage, Maria seeks your advice on whether she can have her marriage annulled on the ground of fraud. Discuss the grounds for annulment based on fraud and the remedies available to Maria.

3. Jake and Samantha got married against the wishes of their respective families. Despite the opposition, they were determined to be together. However, after a few months of marriage, Jake's family filed a petition for the annulment of their marriage, citing psychological incapacity as the ground. Analyze the concept of psychological incapacity as a ground for annulment and its applicability to Jake and Samantha's situation.

4. Tony and Lisa, both in their early 20s, got married without fully understanding the consequences and responsibilities of marriage. After a year of marriage, they realized that they were not ready for the commitment and want to have their marriage annulled. Can their marriage be considered voidable on the ground of lack of consent? Discuss the requirements for valid consent in a marriage and its implications on Tony and Lisa's situation.




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