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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSL. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)

Question

III. PERSONS AND FAMILY RELATIONS: L. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)

Married for five years, John and Mary have been experiencing difficulties in their relationship. Despite efforts to reconcile, their differences have led them to consider the possibility of separation. As they navigate through the process, various legal aspects come into play regarding the rights and obligations between husband and wife as provided by the Family Code of the Philippines.

Task: Discuss the following scenarios in relation to the rights and obligations between husband and wife under the Family Code:

  1. John is the sole breadwinner in the family, while Mary takes care of their two children. Does John have the sole obligation to support their children? Discuss.
  2. During their marriage, John acquired a substantial amount of money through his business. If they decide to separate, is Mary entitled to a share of the business proceeds? Explain.
  3. Due to irreconcilable differences, John and Mary decided to live separately pending their legal separation. Can John refuse to provide financial support to Mary during this period? Elaborate.
  4. John and Mary have agreed to enter into a post-nuptial agreement to determine the division of their properties in case of separation. Is such an agreement valid and enforceable? State the legal basis.
  5. John and Mary are both professionals with successful careers. In the event of separation, can Mary demand financial support from John even though she is capable of providing for herself? Substantiate your answer.



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