Legal Rights and Obligations Between Husband and Wife

For those who are still in green on their rights and obligations, this post is right for you.  It tells us the rights and obligations of the husband and wife as provided by the Family Code of the Philippines.

For smooth and hassle-free married life, both husband and wife must be aware of their legal rights and obligations.

1.  The husband and wife are OBLIGED to live together, observe mutual love, respect and fidelity, and render mutual help and support.

2.  The husband and wife shall fix the family domicile.  In case of disagreement, the court shall decide.

The court may EXEMPT one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption.  However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

3.  The spouses are JOINTLY responsible for the support of the family.  The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties.  In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properies.

4.  The MANAGEMENT of the household shall be the right and duty of both spouses.  The expenses for such management shall be pain in accordance with what is stated in number 3.

5.  When one of the spouses NEGLECTS his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.

6.  Either spouses may exercise any legitimate profession, occupation, business or activity WITHOUT the consent of the other.  The latter may object only on valid, serious and moral grounds.

In case of disagreement, the court shall decide whether or not:

a.  The objection is proper, and

b.  Benefit has accrued to the family prior to the objection or thereafter.  If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. 

Source:  Family Code of the Philippines

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