EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED

QUALITY MANAGEMENT SYSTEM

City of Dasmariñas,Cavite

MARRIAGE
• Marriage is defined as a formal and durable sexual union of man and woman,
which is conducted within a set of designated rights and duties.

• Marriage becomes formal when it is accepted and sanctioned by society and

that relationship is characterized by permanence.
• Marriage is both “contact” and “status”. Contract when a man and a woman sign
into agreement a permanent union that it can only be dissolved by the death
woman sign into agreement a permanent union that it can only be dissolved by the
death of the other party. Unless, it is annulled or declared null and void for legal
causes by the court. Status, marriage is no longer just a contract, it becomes an
inviolable social institution that is the foundation of the family.

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 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

Requisites for Marriage

Based on the provisions of the New Family Code of 1988, no marriage shall be valid unless these essentials
are present:
1. Legal capacity of the contracting parties. It is made clear that the parties must be male and female or
different sexes, a requisite that is dictated by biological law since procreation cannot be realized by two
persons of the same sex. Marriage celebrated between two males or two females is considered void
and inexistence.
2. Consent of the contracting parties. Consent should be freely given in the presence of an authorized
solemnizing officer, not parental consent. The couples presence is essential in the marriage ceremony.
3. Valid marriage license. The minimum age requirement is eighteen (18) years of age for both male and
female. No individual is allowed to marry younger than 18 years old no matter what reason is given.
Even at the age of 18, the contracting parties must first secure of their parents or guardian. Above age 21 but
below 25, parental advice is required. At 25 and above, the individual is free to marry without parental
consent.

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 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

Dissolution of Marriage
Marriage can be dissolved through annulment, divorce and separation.

1. Annulment – it is a process by which marriage is considered null and void due to effective marriage that has
existed on or before the marriage. In annulment, the marriage is set aside and the parties can marry again.

2. Divorce – it is a complete dissolution of marriage wherein both parties can marry again.

3. Legal separation – it is only separation from bed and board and that parties remain married.

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 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

Grounds for Annulment of Marriage

Hereunder are the grounds for nullifying marriage under the new Code:
1. Lack of parental consent.
2. Insanity of one of the parties.
3. Fraud. However, if free cohabitation between two parties after full knowledge
of the fraud, marriage is ratified.
4. Force, intimidation or undue influence.
5. Impotency.
6. Affliction of sexually transmissible disease found to be serious and which
appears incurable.
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 EMILIO AGUINALDO COLLEGE ISO 9001: 2015 CERTIFIED
QUALITY MANAGEMENT SYSTEM
City of Dasmariñas,Cavite

Grounds for Legal Separation

In the Philippines, there is no absolute divorce, only legal separation. The grounds for legal separation are:

1. Repeated physical violence or grossly abusive conduct.

2. Physical violence or moral pressure to compel the petitioner to change religion or political affiliation.
3. Attempt to corrupt petitioner or child to engage in prostitution.
4. Final judgment sentencing respondent to more than six years of imprisonment.
5. Drug addiction or habitual alcoholism.
6. Lesbianism or homosexuality
7. Contracting by one spouse of another marriage.
8. Sexual infidelity or perversion.
9. Attempt by one spouse against the life of the other.
10. Abandonment of one spouse by the other for more than one year.
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