(5) that one party has been physically unable to perform the marriage with the other party and that the incapacity persists and appears incurable; or Article 15. Each party between the ages of twenty-one and twenty-five is required to seek advice from his or her parents or guardians on the proposed marriage. If they do not receive such advice or if it is unfavourable, the marriage certificate will be issued only after three months after the end of the publication of the application. The application for a marriage certificate shall be accompanied by an affidavit from the Contracting Parties attesting that such advice has been requested, as well as any written notice given. If the parents or guardians refuse to give advice, this will be stated in the affidavit. (62a) Section 52. The decision on the annulment or absolute nullity of the marriage, the division and distribution of the property of the spouses and the renunciation of the presumed legitimacy of the children shall be entered in the register of civil status and the competent registers of property; Otherwise, third parties are not affected. (n) (3) Marriage ceremony that takes place with the appearance of the Contracting Parties before the solemn officer and their personal declaration that they accept each other as husband and wife in the presence of at least two adult witnesses. (53a, 55a) Article 21. If one or both Contracting Parties are nationals of a foreign State, it is necessary that, before a marriage certificate can be obtained, they must present a certificate of legal capacity for contractual marriage issued by their respective diplomatic or consular agents.
Now the man wants to leave the current woman to be with another woman after 18 years. The man tells the woman that the “alleged marriage” is invalid because the annulment was not final (the man appears in NSO with 2 marriages) and the woman has no right to matrimonial property. What are the rights of women in relation to the property that emerged from the 18 years of living together? And what are the appropriate next steps? 5. The alleged legitimacy of common children shall be ensured at the time of division in accordance with Article 51. You mentioned that you got married this year. So if your marriage was based on the fact that you lived together from 2013 to 2018, it means that you lived together as a common-law partner before landing in 2017. Kind. 84 If the intended spouses agree on a regime other than absolute community of property, they may not give themselves more than one fifth of their assets circulating in their matrimonial agreements.
Any franchise is deemed null and void. (5) If you have ever been married, how, when and where the previous marriage was divorced or annulled; Article 41 A marriage contracted by a person during the existence of a previous marriage is null and void unless, before the celebration of the subsequent marriage, the former spouse has been absent for four consecutive years and the present spouse has a reasonable belief that the absent spouse had already died. In the event of enforced disappearance, where there is a risk of death in the circumstances referred to in Article 391 of the Civil Code, an absence of only two years is sufficient. Kind. 161 In order to receive the benefits of a family dwelling provided for in that chapter, a person may not constitute or be a beneficiary of a single-family dwelling. (n) Section 162. The provisions of this Chapter shall also apply to existing family dwellings in so far as those provisions apply. (n) Section 147. If a man and a woman who are able to marry live together exclusively as husband and wife without the benefit of marriage or in the context of a null marriage, their wages and salaries also belong to them and the property acquired by both through their work or industry is subject to the rules of co-ownership. Kind. 14 If one or both Contracting Parties which have not been emancipated by a previous marriage are between eighteen and twenty-one years of age, they shall submit, in addition to the requirements of the preceding Articles, to the local registrar the consent of their father, mother, surviving parent or legal guardian or of the persons legally responsible for the marriage, in that order.
Such consent must be given in writing by the person concerned, who appears in person before the competent local clerk, or in the form of an affidavit made in the presence of two witnesses and attested before an official legally authorized to take the oath. The personal manifestation must be recorded in both applications for a marriage certificate, and the affidavit, if signed instead, must be attached to these applications. (61a) Section 156. The family home must form part of the property of the absolute community or conjugal partnership or exclusive property of one of the spouses with their consent. It can also be trained by an unmarried head of household on his own property. (2) All debts and obligations contracted during the marriage by the administrator-spouse designated for the benefit of the community or by both spouses or by one of the spouses with the consent of the other; Article 183[edit] An adult who possesses full civil capacity and legal rights may adopt provided that he is able to provide for and care for his or her legitimate or illegitimate children in accordance with family resources. Kind. 133 The joint estate of the property is used to provide assistance to the surviving spouse and children during the liquidation of the inventoried property and until the delivery of what belongs to them; However, the amount received for the aid exceeding the fruit or leases concerned shall be deducted. (188 bis) (2) The absolute community of property or the matrimonial partnership is dissolved and liquidated, but if one of the spouses contracted the marriage in bad faith, his share of the net profit of the common property or the property of the conjugal partnership expires in favour of the spouses or, if there are none, the children of the spouse guilty by a previous marriage or in the absence of children, the innocent spouse; Kind. 28 If the domicile of one of the parties is such that there is no means of transport enabling that party to appear in person before the local registrar, the marriage may be solemnized without the need for a marriage certificate. (72a) Article 40. The absolute nullity of a previous marriage may be invoked for the purposes of remarriage only on the basis of a final judgment annulling that previous marriage.
(n) The court may exempt one of the spouses from living together with the other if he or she is to live abroad or if there are other valid and compelling reasons for the exemption. However, such an exemption shall not apply if it is incompatible with the solidarity of the family. (110 bis) Article 160. If a creditor whose claims are not among those referred to in Article 155 obtains a decision in his favour and has reasonable grounds to believe that the family dwelling is actually worth more than the maximum amount provided for in Article 157, he may apply to the court which issued the decision to order the sale of the immovable property which is the subject of enforcement. The court orders it if it finds that the real value of the family dwelling exceeds the maximum amount allowed by law at the time of its incorporation.