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June 1, 2022

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

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Published — January 15, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Read also: MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT

  • The husband and wife are obliged to live together.

  • The husband and wife are obliged to observe mutual love, respect and fidelity.

  • The husband and wife are obliged to render mutual help and support.

The husband and wife are expected to perform some obligations during the marriage.

Family Code says:

“Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

Art. 69. 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.

Art. 70. 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 the separate properties.

Art. 71. The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70.”

Thus, spouses are expected to:

  1. live together,
  2. observe mutual love, respect and fidelity, and
  3. render mutual help and support.

Although spouses are expected to live together, 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.

When any of the parties are psychologically incapacitated to comply with the essential marital obligations of marriage, such incapacity may result to the nullity of the marriage.


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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