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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSI. Voidable Marriages, Effects and Remedies (Family Code, arts. 45-54)

Question

Question:

Paul and Jane are married for five years. After a series of arguments and misunderstandings, Paul decided to obtain a declaration of nullity of their marriage due to Jane's alleged psychological incapacity. He filed a petition for nullity before the family court, claiming that Jane's psychological condition manifested itself only after their marriage. The court granted the petition and declared their marriage null and void.

As a result of the declaration of nullity, what are the effects and remedies available to Paul and Jane under the Family Code? Cite the specific articles that govern each effect or remedy.

Discuss the legal consequences of the declaration of nullity on the following matters:

  1. The custody, care, and support of their two children;
  2. Their conjugal property regime and the division of their assets; and
  3. The status of their children as legitimate or illegitimate.



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