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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSL. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)

Question

Question:

Married couple John and Sarah have been facing some challenges in their relationship. They are contemplating separating and have consulted you, a legal expert, for advice. Based on the provisions of the Family Code regarding rights and obligations between husband and wife, answer the following scenarios:

  1. John wants to know if he can demand financial support from Sarah after their separation. Discuss the legal grounds for spousal support and the factors taken into consideration in determining the amount of support.
  2. Meanwhile, Sarah wants to ensure that she will still have access and custody of their child after the separation. Explain the rights and responsibilities of both parents in terms of custody and visitation under the Family Code.
  3. John and Sarah have accumulated various assets and properties during their marriage. They want to know how these assets will be divided in the event of a legal separation. Describe the rules and principles regarding the division of conjugal or community property under the Family Code.
  4. Lastly, Sarah recently discovered that John has been having an extramarital affair. She wants to know if this can be used as a ground for legal separation or annulment of their marriage. Analyze the provisions of the Family Code regarding grounds for legal separation and annulment and discuss whether Sarah's discovery qualifies as a valid ground.



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Bar Review Question: Question: Married couple John and Sarah have been facing some challenges in their relationship