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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSH. Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

Question

III. PERSONS AND FAMILY RELATIONS

Topic: H. Void Marriages, Effects and Remedies (Family Code, arts. 35-44 and 50-54)

1. Fidel and Maria got married but later discovered that Fidel's previous marriage was still valid and subsisting at the time of their marriage. Fidel's first wife, Cynthia, filed a petition to declare their marriage void. During the proceedings, Maria claimed that she was not aware of Fidel's previous marriage. She argued that her marriage to Fidel should be considered valid because she was in good faith. Discuss the validity of Maria's argument and the possible legal consequences of their marriage.

2. Alex and Lisa are married, but their relationship has been constantly filled with violence and abuse. One day, Lisa decided to leave Alex and files a petition for the declaration of nullity of their marriage on the grounds of psychological incapacity. Alex vehemently opposes the petition and argues that Lisa is just using this ground as an excuse to end their marriage. Analyze the validity of Lisa's claim and the possible effects of declaring their marriage null and void.

3. Pedro and Carmen got married, but it was later discovered that their marriage was void due to a legal impediment. They have been living together for several years and have acquired properties jointly. They decided to separate and divide their properties, but they cannot agree on how to divide them. Discuss the possible remedies available to Pedro and Carmen regarding the division of their properties.




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Bar Review Question: III. PERSONS AND FAMILY RELATIONS Topic: H. Void Marriages, Effects and Remedies (Family Code, art