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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: VOID MARRIAGES, EFFECTS, AND REMEDIES

Consider the following scenarios and answer the corresponding questions:

1. Juan and Maria have been married for five years. However, it was recently discovered that their marriage was solemnized without a marriage license. Both parties are aware of this fact. What is the legal status of their marriage, and what are the potential consequences?

2. Carlos and Sofia were married in a church ceremony. After a few months, it was revealed that Carlos was already married to another person prior to his marriage with Sofia. What is the effect of Carlos' prior existing marriage on his marriage with Sofia, and what legal remedies are available to Sofia?

3. Rosa and Miguel entered into a marriage in which they agreed to live separately and not interfere with each other's lives. They have been living apart for five years without any communication. What is the legal character of their marriage, and are there any remedies available to either party?

4. Ana and Pedro got married even though they are closely related within the prohibited degrees of affinity. What is the status of their marriage, and what remedies may be availed to have their marriage declared void?

5. Upon their marriage, Antonio and Carmen failed to disclose that they both have a history of mental illness. It was only after several years that Antonio and Carmen's mental health conditions became evident. What effect does their failure to disclose their mental illness have on the validity of their marriage?




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