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Showing posts with the label Formal Requisites

When is Marriage License not Required?

Marriage License is one of the formal requisites of marriage.  Without complying this requisite, it shall render the marriage void ab initio. What is void ab initio? The term void ab initio , which means "to be treated as invalid from the outset," comes from adding the Latin phrase ab initio (from the beginning) as a qualifier ( http://en.wikipedia.org/wiki/Void_%28law%29 ).  Thus, when the marriage is void ab initio, it simply means that the marriage is void from the very beginning.  What is a marriage license?  A marriage license ( American English ) or marriage licence ( British English ) is a document issued, either by a church or state authority , authorizing a couple to marry ( http://en.wikipedia.org/wiki/Marriage_license ). Who will issue the marriage license? A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. Who will issue the marri...

Requisites of Marriage

Before entering into the portal of marriage, one should take a look into the requisites provided by the Family Code of the Philippines inorder to have a valid marriage.   The Family Code provides the essential as well as the formal requisites of marriage entered into by the contracting parties in the Philippines.  Before going into the details of the said requisites, we have to define what marriage is under the same Family Code. Definition of Marriage: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Essential Requisites: If these essential requisit...