Question

1. Maria and Juan are married under the laws of the Philippines. During the course of their marriage, Juan inherited a valuable property from his parents. Maria, on the other hand, runs a successful business.

a) If Maria decides to sell her business without the consent of Juan, can Juan claim a share of the proceeds from the sale? Explain your answer citing the relevant provision of the Family Code.

b) Suppose Maria and Juan wanted to enter into a prenuptial agreement. What are the requirements for a valid prenuptial agreement? Discuss at least two conditions that must be met for a prenuptial agreement to be enforceable.

c) In case of separation of property, what happens to the fruits and income derived from the separate properties of each spouse? Discuss the rights and obligations of the spouses regarding the fruits and income of their separate properties, citing the relevant provision of the Family Code.

d) Maria and Juan have been living separately for more than a year without any communication or support from each other. Can either of them file for a declaration of nullity of their marriage based on psychological incapacity? Explain your answer, citing the applicable provision of the Family Code.

e) Suppose Maria and Juan decided to adopt a child. What are the rights and responsibilities of each spouse in the adoption process? Cite at least two specific obligations of each spouse as provided by the Family Code.