HANDOUTS IN TLEMFR 2

ASPECTS OF MARRIAGE

LEGAL ASPECTS MARRIAGE

How does the Family Code of the Philippines define 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.

Who are authorized to solemnize marriages?

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or
religious sect and registered with the civil registrar general, acting within the limits of the written authority
granted by his church or religious sect and provided that at least one of the contracting parties belongs to
the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31 of the Family Code;
Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a
military operation, likewise only in the cases mentioned in Article 32 of the Family Code;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10 of the Family Code. *

What are the essential requisites of marriage?

No marriage shall be valid, unless these essential requisites are present:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. * What are the formal requisites of
marriage?

The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases where the same is exempted; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age. * How old must I be to get validly married?

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage.

What kind of marriages are exempted from marriage license?

(1) In case either or both of the contracting parties are at the point of death, the marriage may be
solemnized without necessity of a marriage license and shall remain valid even if the ailing party
subsequently survives.
(2) If the residence of either party is so located that there is no means of transportation to enable such party
to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a
marriage license.

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(3) A marriage in articulo mortis as defined in the Family Code.
(4) Marriages among Muslims or among members of the ethnic cultural communities may be performed
validly without the necessity of marriage license, provided they are solemnized in accordance with their
customs, rites or practices.
(5) No license shall be necessary for the marriage of a man and a woman who have lived together as
husband and wife for at least five years and without any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of
the contracting parties are found no legal impediment to the marriage.

Which marriages does the law consider void from the beginning?

(1) Those contracted by any party below eighteen years of age even with the consent of parents or
guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
(7) A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated
to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.
(8) Between ascendants and descendants of any degree; and
(9) Between brothers and sisters, whether of the full or half blood.
(10) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(11) Between step-parents and step-children;
(12) Between parents-in-law and children-in-law;
(13) Between the adopting parent and the adopted child;
(14) Between the surviving spouse of the adopting parent and the adopted child;
(15) Between the surviving spouse of the adopted child and the adopter;
(16) Between an adopted child and a legitimate child of the adopter;
(17) Between adopted children of the same adopter; and
(18) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or
his or her own spouse.

Are marriages celebrated overseas between foreigners recognized in the Philippines?

In accordance with the principle of lex loci celebrationis, marriages celebrated abroad between foreigners
are also valid in the Philippines. However, if such marriage is highly immoral, such as when it is bigamous,
polygamous or universally considered as incestuous, it cannot be given recognition here.

The term “universally considered incestuous” covers marriages between ascendants and descendants or
those between brothers and sisters, whether they be illegitimate or legitimate. Thus, marriages between
two French first cousins celebrated in Paris, will be recognized as valid here not only because of lex loci
celebrationis, but also because such marriage is not considered to be universally incestuous.

What law shall govern marriages of foreigners in the Philippines?Whenever foreigners are to be married in
the Philippines, their capacity to marry shall be governed by their national law, as can be gleaned from
Article 21 of the family Code which states that:

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“When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for
them before a marriage license can be obtained, to submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or consular officials.”

RELIGIOUS ASPECT OF MARRIAGE.

THE SACRAMENT OF MARRIAGE

The Sacrament of Marriage is a lasting commitment of a man and a woman to a lifelong partnership,
established for the good of each other and the procreation of their children.

Marriage is different to most of the Sacraments which are conferred by a priest, or bishop. The man and
woman confer the Sacrament of Marriage upon each other when they express their consent to marry before
God and the Church.

As a Sacrament Marriage is part of the Church’s liturgy. Jesus taught that marriage is indissoluble:
“Therefore, what God has joined together, no human being must separate” ((Matthew 19:6).
In Catholicism marriage is a sacrament that a baptized man and a baptized woman administer to each other
through their marriage vows and lifelong partnership.
The Sacrament of Matrimony involves two baptized people, one or both of whom are Catholic, becoming
husband and wife through a sacred covenant with God and each other. If the non-Catholic was baptized in a
non-Catholic church, she needs documentation verifying Baptism.

The Catholic Church did not make marriage a sacrament until the 13th century, and only began to enforce
strict religious conformity in marriage in the 16th century — in part as a reaction to criticism from
Protestants that Catholics were insufficiently enthusiastic about the institution.
The early Catholic Church was exceptional among the major religions in history in its support for freedom of
choice over whom to marry and how to marry. Until the 12th century the church held that a marriage was
valid if entered into by mutual consent, with or without a witness or the blessing of a priest, and was then
sealed by sexual intercourse.
But in the mid-12th century, Peter of Lombard, the bishop of Paris, argued that if sex was necessary for a
valid marriage, Joseph and Mary could not have been legally wed. Lombard insisted that an exchange of
consent, spoken in the present tense, was sufficient to make a valid marriage. This became official policy,
opening the way for young couples to defy their parents and insist that since they had whispered “I do” to
each other the church had to support their refusal to accept a match their parents had arranged.
In 1215 the church decreed that a “licit” marriage required that the bride have a dowry and the wedding
take place in a church. But an “illicit” marriage was equally binding in the eyes of the church. The children
were legitimate; the couple was welcome to receive Communion; and the wife was entitled to her widow’s

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third of the inheritance when her partner died – a precedent that could easily be extended to the marriages
of divorced or same-sex couples.

Marriage in the Catholic Church, also called matrimony, is the "covenant by which a man and woman establish
between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses
and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a
sacrament between the baptised." Catholic matrimonial law, based on Roman law regarding its focus on marriage as a
free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to
the Reformation.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably
among countries.

What is matrimonial consent?

Matrimonial consent is given when a man and a woman manifest the will to give themselves to each other irrevocably
in order to live a covenant of faithful and fruitful love. Since consent constitutes Matrimony, it is indispensable and
irreplaceable. For a valid marriage the consent must have as its object true Matrimony, and be a human act which is
conscious and free and not determined by duress or coercion.

What is required when one of the spouses is not a Catholic?

A mixed marriage (between a Catholic and a baptized non-Catholic) needs for liceity the permission of ecclesiastical
authority. In a case of disparity of cult (between a Catholic and a non-baptized person) a dispensation is required for
validity. In both cases, it is essential that the spouses do not exclude the acceptance of the essential ends and
properties of marriage. It is also necessary for the Catholic party to accept the obligation, of which the non-Catholic
party has been advised, to persevere in the faith and to assure the baptism and Catholic education of their children.

What are the effects of the sacrament of Matrimony?

The sacrament of Matrimony establishes a perpetual and exclusive bond between the spouses. God himself seals the
consent of the spouses. Therefore, a marriage which is ratified and consummated between baptized persons can never
be dissolved. Furthermore, this sacrament bestows upon the spouses the grace necessary to attain holiness in their
married life and to accept responsibly the gift of children and provide for their education.

What sins are gravely opposed to the sacrament of Matrimony?

Adultery and polygamy are opposed to the sacrament of matrimony because they contradict the equal
dignity of man and woman and the unity and exclusivity of married love. Other sins include the deliberate

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refusal of one’s procreative potential which deprives conjugal love of the gift of children and divorce which
goes against the indissolubility of marriage.

UNIT III- THE FILIPINO FAMILY SUBSYSTEMS, ETHNIC TRADITIONS AND FAMILY CULTURE

A. Family System Theory

Family systems therapy can be thought of as a mix between couples counseling and group counseling. In this
unique form of therapy, family members learn and work together to better their understanding of how an
individual’s actions can affect the emotions of everyone else in the family. The idea that what happens to
one member of the family happens to all members of the family is the major guiding principle for family
systems therapy. Emotions spread rapidly throughout a family system, and it is important for people to learn
the details of this phenomenon so that they can control their behaviors for the sake of their family.
In a typical family systems therapy session, every family member will be given the opportunity to speak
about their opinions and perceptions of family troubles. Once each family member speaks their part,
conflicts can begin to be resolved and advice will be given by the mental health professional. Every member
of the family can greatly benefit from family systems counseling.

Bowen family systems theory is a theory of human behavior that views the family as an emotional unit and
uses systems thinking to describe the complex interactions in the unit. It is the nature of a family that its
members are intensely connected emotionally.

What are the basic goals of Bowen's approach?

The goal of therapy is to assist family members towards greater levels of differentiation, where there is less
blaming, decreased reactivity and increased responsibility for self in the emotional system

What are the basic components of a family system?

Family systems have various components that make up the parts of a system as a whole. Here are the
components.

● The members themselves. Every member has their own personality, characteristics, and
relationships. By analyzing this, you can get a picture of the structure as a whole.
● The patterns of interaction. Human interactions can be complex, but there are a series of repetitive
patterns that can keep a family functional or cause some drama. By analyzing these patterns,
changes can be made.
● The boundaries. Different families will have boundaries that open or close opportunities. A family is
never opened all the way or shut off to the world, but there is a spectrum of openness and closeness
that should be analyzed if someone wants to determine how a family is supposed to work.

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 ● The family as a whole. The individual matters a lot, but individual members, at the end of the day,
make up a whole family. In family systems therapy, the whole is more important, as to how the
whole operates affects the individual.
● Family systems influence members through relationship agreement rules. These aren't rules written
in a contract or anything, but they're a set of guidelines that will determine how a family member
interacts with another, or even outside the family. Sometimes, these rules can be vague, such as "be
a good person."
● The subsystems. These are tiny groups in the family made up of up to three people. For example,
three siblings. These relationships can have their own rules and boundaries.

There are eight major concepts involved with the family systems theory. These concepts are defined and
described below:

● Triangles
o The triangle represents a family system of three people, which is the smallest stable family
structure possible. In the three-person structure, there are the two ‘insiders’ who are
closest, and the ‘outsider’ who is more removed from the other two system members. This
formation allows for the management of tension and conflict, because when there are
problems between the two insiders, the outsider is there to provide a form of mediation
where the outsider grows closer to one of the insiders.
● Differentiation of Self

o Within a family system, each person is different from the rest. Every person has unique
personality characteristics, but it is sometimes hard to distinguish ourselves from the rest of
our family. Being able to establish your own sense of ‘self’ is dependent upon your own level
of individuality and self-esteem. People with weaker senses of self often exert their
influence over other family members. Some family members will be stronger than others in
this regard, and this mix is what allows for familial interdependence.

● Nuclear Family Emotional Process

o This process is characterized by four major relationship patterns:

▪ Marital Conflict – One spouse experiences anxiety, and then projects these feelings
onto the other spouse.
▪ Dysfunction in One Spouse – The change in a spouse’s behavior from normal to
dysfunctional can force the other spouse to change their conduct so that the marital
relationship can prosper. However, this honeymoon phase does not usually last for
long, and marriage problems ensue.
▪ Impairment of One or More Children – Sometimes, a parent will choose to direct all
of their anxieties on one or a few of their children. Intense attention can result in a
child with the inability to establish their own sense of self and lead to anxiety,
depression, etc.
▪ Emotional Distance – In order to eliminate familial tension, certain members will
choose to distance themselves from the rest of the family.

● Family Projection Process

o This process is outlined by three steps:

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 ▪ First, the parent forces intense attention onto one child in fear of something being
wrong with this child
▪ Next, the parent decides that there is something wrong with the child’s actions
▪ Finally, the parent treats the child like there is really something wrong with this
child, even though these ideas are not necessarily founded in trutH

● Multigenerational Transmission Process

o It is possible for children to experience both higher and lower levels of differentiation than
their parents. When greater levels of differentiation are exhibited, this differentiation gap
continues to grow over subsequent generations.

● Emotional Cutoff

o Emotional cutoff is described as a person’s attempt to manage conflict with members of

their family by choosing to cut off emotional contact completely.

● Sibling Position

o There are stereotypes associated with first-born children, middle children, and youngest
children. These stereotypes are often founded in fact, and these behavioral variations can
even have a legitimate impact on marital relationships. It is proposed that the best
relationships will result from a person of one sibling position marrying a person of a different
sibling position.

● Societal Emotional Process

o The general disposition of the aggregate of family systems can have influence over the
disposition of society, and conversely, the disposition of society can influence the emotional
condition of family units. This idea serves as a two-way street of influence.

There have been multiple variations of the main functions of the family, but the following functions seem
to be representative of all ideologies:

● Socialize children
● Provide relatively unchanging sexual opportunity for adults
● Provide love and care
● Provide the world with more children
● Provide economic stability
● Serve educational and religious functions

SUBSYSTEM IN THE FAMILY SYSTEM THEORY

Subsystems are essentially systems within systems. Because all systems are ordered hierarchically, it is

inevitable that subsystems will develop within a larger system (von Bertalanffy 1968). An individual may be a
part of multiple subsystems.
Common subsystems include parents, siblings, and parent-child relationships.

SIBLING RELATIONSHIPS

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Siblings play a unique role in one another's lives that simulates the companionship of parents as well as the
influence and assistance of friends. Because siblings often grow up in the same household, they have a large
amount of exposure to one another, like other members of the immediate family. However, though a sibling
relationship can have both hierarchical and reciprocal elements, this relationship tends to be more
egalitarian and symmetrical than with family members of other generations. Furthermore, sibling
relationships often reflect the overall condition of cohesiveness within a family.

Friendships may come and go, but you're stuck with your sibling. This relationship is oftentimes one of the
longest relationships in a person's life. Sibling relationships are authentic. Often siblings grow up in the same
environment, share the same parents, and share common memories and similar experiences.

Three reasons why sibling relationships are very important:

1. Friendships may come and go, but you’re stuck with your sibling. This relationship is oftentimes one of the
longest relationships in a person’s life.

2. Sibling relationships are authentic. Often siblings grow up in the same environment, share the same
parents, and share common memories and similar experiences.

3. Our siblings are our family tree. They are a part of who we are and that relationship is a shared history
that makes this unique relationship invaluable.

THE PARENT-CHILD RELATIONSHIPS

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The Parent-Child Relationship is one that nurtures the physical, emotional and social development of the
child. It is a unique bond that every child and parent will can enjoy and nurture. This relationship lays the
foundation for the child's personality, life choices and overall behaviour.The parent-
child relationship consists of a combination of behaviors, feelings, and expectations that are unique to a
particular parent and a particular child. The relationship involves the full extent of a child's development.

B. FAMILY AND MARITAL INTERACTIONS IN MAINTAINING A HEALTHY RELATIONSHIPS

1. GETTING TO KNOW PARTNERS WELL.

To make marital life lasting, couples should make adjustments in the following aspects of married life:
A. Personal goals and expectation
B. Financial matters
C. Household arrangemants
D. Sexual expectations
E. Child rearing
F. Relationships with in-laws
Adjustment in marriage is characterized by couples recognition of problems and their capacity to solve them

2. NURTURING LOVE AND FRIENDSHIP IN MARRIAGE.

For the success and happiness of couple, three basic requirements for marital adjustments are needed.
These are compatibility, mutual respect and trust and willingness to change.

3. DEVELOPING UNITY IN MARRIAGE

Four Ways to Develop Unity in Marriage

a.Become Equal Partners and Value Each Other As Such. In our marriage relationship, we must be equal
partners and value each other for what we have to offer to that partnership. ...
b. Get To Know Each Other…and Accept Each Other. ...
c. Complement Each Other. ...
d. Be Loyal To Each Other.

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 4. DEALING WITH DIFFERENCES AND CHALLENGES IN HEALTHY WAYS AND THROUGH POSITIVE
COMMUNICATIONS.
Conflicts in marriage is normal and to be expected since two personalities living in intimacy cannot entirely
avoid diagreement.. Most of the conflicts are due to several factors, personality differences, moneyand how
it is used, relatives and in-laws , unsatisfactory sex relations and trifeles.
The common denominator of conflicts in marriage is lack of communication.
Resolving conflicts
a. Dominance and submission
b. Accommodation
c. Cooperation
5.THE HEALING POWERS OF FORGIVENESS
Forgiveness can give us the strength to let go of the past and be optimistic for the future. We all deal
with unhealed wounds from time to time, but forgiveness can free us from the pain associated with those
wounds. Forgiveness acts as a healing agent and sets us free from such bondage.

6. ENGAGING IN POSITIVE SOCIAL NETWORK

Social network members can facilitate adaptation to life stress, provide day-to-day companionship, and
intervene to deter health-damaging behavior, but they can also let others down, provoke conflicts, and
undermine others' goals (including their health goals).
The impact of social media is a powerful one. Most often technology can bring forth negative interaction, or
zero interaction between siblings, couples, or parent-child. It starves the family of learning and modeling
with each other social cues, interpersonal relationship skills, communication skills, and bonding.
7. BENEFITS OF HEALTHY COUPLES RELATIONSHIPS AND MARRIAGES
Given the growing body of evidence linking marriage with better health, it’s worth asking why such a
connection might exist. A number of researchers have explored this question. Here are some of the more
prominent theories.
a. It’s all about immune function. Studies have found that people in happy relationships have stronger
immune function than those who are not. And, cortisol tends to be released in lower amounts in married
people as compared with those who are single. That may be important because cortisol levels tend to reflect
levels of stress, and high cortisol levels can impair immune function.
b.Your behavior improves with marriage. Married people may take fewer risks, eat better, and maintain
healthier lifestyles, on average, compared with single people. There is also evidence that married people
tend to keep regular doctors’ appointments and follow doctors’ recommendations more often than single
people.
c.Mental health is better when you’re married. Poor social supports (as might be more likely for those who
are single) have been strongly linked with higher rates of depression, loneliness, and social isolation, which
have in turn been associated with poorer health outcomes.
d.Married people have better health before getting married. It’s reasonable to wonder whether people with
medical problems (or who are prone to them due to unhealthy habits) are less likely to get married; that
would leave healthier people getting married and that could account for the “marriage health benefit.” But,
some studies have actually found that unhealthy men tend to marry at a younger age and divorce less often
than healthy men.
None of the evidence in support of these theories proves (or refutes) a health benefit to marriage. So, if
there is a health benefit to marriage, the precise reason is not known. But researchers continue to study the
question.

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UNIT IV- GENDER-EQUALITY IN THE PARENTS RESPONSIBILITIES TO STRENGTHEN FAMILIES
A. THE SACRED ROLES OF FATHERS AND MOTHERS

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