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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

Question:

John and Mary got married in the Philippines, but their marriage has been plagued with constant arguments and disagreements. After a year of being together, they realized that they made a mistake and want to end their marriage. They consulted a lawyer who informed them that they may have grounds for declaring their marriage void. They provided the lawyer with the following information:

  1. John and Mary are both of legal age and were mentally capable of entering into marriage at the time of their wedding.
  2. John previously had a subsisting marriage with another person when he entered into marriage with Mary.
  3. Despite being married to John, Mary has been living with another man and has established a conjugal partnership with him.

Based on the given information and the provisions of the Family Code of the Philippines, answer the following questions:

  1. Can John and Mary's marriage be declared void? Explain the applicable provision/s of the law.
  2. What are the effects of a void marriage in terms of property relations between the spouses?
  3. What remedies, if any, are available to John and Mary in relation to their void marriage?



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