Family Code

• No DIVORCE LAW


  in the Philippines
• Only Nullity and Annulment


  Remarry
• Legal Separation


  Board & lodging
• Legal Separation


  not to remarry
• Marriage

  • is a special contract
  • permanent union between a man and a woman
  • Establish conjugal and family life
  • foundation of the family
  • an inviolable social institution
  • nature, consequences, and incidents are governed by law and not subject to stipulation
• Prenuptial agreement


  • Either CPG, Separation of Property
  • Shall be in writing
  • Marriage settlement
  • Signed by the would be couples
  • Signed before marriage
  • Governs the property relations
• VOID Marriage


  No legal effects; non-existent from the start
• Types of Marriages


  • VOID
  • VOIDABLE
  • VALID
• Types of Filiation


  • Legitimate/marital: born within marriage
  • Illegitimate/Non-marital: born outside of marriage w/ legal impediment
  • Legitimated: born outside of marriage, but parents got married
• PARENTAL CUSTODY


  • Both spouses;
  • in absence of any, the present spouse;
  • Both absent; present grandparents;
  • If both presents: court designated, unless unfit
• Legitimate/marital


  • Mother
  • In her absence, maternal grandparents;
  • In their absence, maternal relatives
  • Note: father has only visitorial and support rights