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Ucsp Lesson 6.2 Marriage

Marriage, divorce, annulment, and legal separation are addressed. Marriage is a legal contract between two people that exists across cultures in various forms like endogamy, exogamy, monogamy, polygamy, and polyandry. Divorce legally ends a marriage and allows people to remarry, while annulment declares a marriage invalid. Legal separation allows a couple to live apart while remaining legally married. Grounds for divorce, annulment and legal separation in the Philippines are also outlined.

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16 views23 pages

Ucsp Lesson 6.2 Marriage

Marriage, divorce, annulment, and legal separation are addressed. Marriage is a legal contract between two people that exists across cultures in various forms like endogamy, exogamy, monogamy, polygamy, and polyandry. Divorce legally ends a marriage and allows people to remarry, while annulment declares a marriage invalid. Legal separation allows a couple to live apart while remaining legally married. Grounds for divorce, annulment and legal separation in the Philippines are also outlined.

Uploaded by

Jedilyn de Vera
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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MARRIAGE

Are you in favor of


Legalizing Divorce in the
Philippines?
MARRIAGE

Marriage is a legal foundation of


family that exists in all cultures,
although there are some varieties. It is
a legal contract between two people
committing themselves in a permanent
affinal kinship.
Forms of
Marriage
ENDOGAMY

Endogamy is a marriage between


members of the same group or
category of people. An example of it is
the marriage of Filipino with a
Filipina.
EXOGAMY

Exogamy refers to the marriage of two


people coming from different groups
or categories. The marriage of a
Filipino and an Australian woman is
an example.
MONOGAMY

Monogamy is a form of dyadic


relationship in which an individual has
only one partner during their lifetime
—alternately, only one partner at any
one time
MONOGAMY: TWO TYPES

Serial monogamy
In many societies individuals
are permitted to marry again often on
the death of the first spouse or
after divorce but they cannot have
more than one spouse at one and
the same time.
Straight monogamy:
In straight monogamy the
remarriage of the individuals
is not allowed.
BIGAMY

Bigamy is the act of entering into a


marriage with one person while still
legally married to another.
POLYGAMY

Polygamy is the practice of marrying multiple


spouses. When a man is married to more than
one wife at the same time, sociologists call this
polygyny. When a woman is married to more
than one husband at a time, it is called
polyandry. A marriage including multiple
husbands and wives is a group marriage.
POLYGYNY: TWO TYPES

Sororal polygyny
It is a type of marriage in which the
wives are invariably the sisters. It is often called
sororate. The Latin word Soror stands for sister.
When several sisters are simultaneously or
potentially the spouses of the same man the
practice is called sororate. It is usually observed in
those tribes that pay a high bride price.

Non-sororal polygyny
It is a type of marriage in which the wives
are not related as the sisters.
POLYANDRY: TWO TYPES
Fraternal polyandry
When several brothers share the same
wife, the practice can be called fraternal
polyandry. This practice of being mate,
actual or potential to one's husband's
brothers is called levirate. It is prevalent
among the Todas in India.
Non - fraternal polyandry
In this type the husbands need not have
any close relationship prior to the marriage.
The wife goes to spend some time with each
husband. So long as a woman lives with one
of her husbands, the others have no claim
over her.
Divorce,
Annulment, Legal
Separation
DIVORCE

Divorce, also known as dissolution of


marriage, is the process of terminating
a marriage or marital union. Divorced
individuals are given back their single
status and may again remarry.
DIVORCE: GROUNDS

• Physical violence or grossly abusive conduct directed against the


petitioner, a common child, or a child of the petitioner.
• Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation.
• Final judgement sentencing the respondent to imprisonment of
more than 6 years, even if pardoned.
• Drug addiction or habitual alcoholism or chronic gambling of the
respondent
• Homosexuality of the respondent.
• Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad.
DIVORCE: GROUNDS

• Abandonment without justifiable cause for more than a year.


• Those legally separated by judicial decree for more than two years
can also avail of divorce.
• Marital infidelity or perversion or having a child with another
person other than one’s spouse during the marriage, except when
the spouses have agreed to a having a child through in vitro or a
similar procedure, or when the wife bears a child as a result of
being a rape victim
• Irreconcilable marital differences and conflicts resulting in the
“total breakdown of the marriage beyond repair” despite the efforts
of both spouses.
ANNULMENT

An annulment is a legal procedure that


cancels a marriage. An annulled
marriage is erased from a legal
perspective, and it declares that the
marriage never technically existed and
was never valid.
ANNULMENT: GROUNDS

 Lack of parental consent


 Psychological incapacity
 Fraud
 Consent for marriage obtained by force,
intimidation or undue influence
 Impotence/Physical incapability to consummate the
marriage
 Serious sexually transmitted disease
*This is in accordance of Article 45 of the Family Code
LEGAL SEPARATION

In legal separation, the couple is allowed to live


apart and separately own assets. However,
legally separated couples are not permitted to
remarry, since their marriage is still considered
valid and subsisting.
LEGAL SEPARATION: GROUNDS

The grounds for legal separation may have arisen after the
marriage, and may be filed on the following grounds:
(1) repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of
the petitioner;
(2) physical violence or moral pressure to compel the petitioner
to change religious or political affiliation;
(3) attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement;
(4) final judgment sentencing the respondent to imprisonment
of more than 6 years, even if pardoned;
(5) drug addiction or habitual alcoholism of the respondent
LEGAL SEPARATION: GROUNDS

(6) lesbianism or homosexuality of the respondent;


(7) contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) sexual infidelity or perversion;
(9) attempt by the respondent against the life of the
petitioner; or
(10)abandonment of petitioner by respondent
without justifiable cause for more than 1 year.
*This is in accordance to Article 55 of Family Code
DE FACTO SEPARATION

If a husband and wife separated


in their own arrangement
without the sanction of the court.
THANK YOU
FOR
LISTENING!

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