Subsequent bigamous marriage-

Valid if contracted after the absence of four (4) years, if the spouse has a well-founded belief that the absent spouse is already dead.But, two (2) years absence sufficient in case of disappearance under circumstances indicating danger of death :a- lost during sea voyage or airplane missingb- missing in action in warc- under danger of death under other circumstancesFor purposes of contracting the subsequent marriage, the present spouse must institute a summary proceeding for declaration of presumptive death of the absentee. (41)This does not apply to subsequent marriage contracted before the effectivity of the Family Code, because the New Civil Code does not require said declaration. Absence of 7 years ipso jure grants the present spouse capacity to remarry.Since the second marriage took place during the effectivity of the New Civil Code, the presumption of death is established by law and no court declaration is needed for the presumption to arise, since death is presumed to have taken place by the seventh year of absence pursuant to Art. 390 of the Civil Code. (Valdez vs Republic, 597 SCRA 13If the subsequent marriage (by reason of presumptive death f the absentee spouse) took place prior to August 3, 1988, the subsequent marriage is valid even if there was no judicial declaration of presumptive death so long as the prescribed period of absence is met. (Armas vs Calisterio, 330 SCRA 2001). oBut, if such subsequent marriage is celebrated during the effectivity of the Family Code, the requirement of judicial declaration of presumptive death is absolute and indispensable. In the absence thereof, the sub- subsequent marriage is void and the spouse present shall be liable for bigamy. Article 41 FC was enacted to harmonize civil law and ArtIn Republic vs Bermudez-Lorino, 449 SCRA 57, it was held that the order of the trial court granting the petition for judicial declaration of presumptive death is immediately final and executory. Hence, the right to appeal was not granted to any of the parties therein. It was therefore erroneous for the OSG to file a notice of appeal, and for the RTC to give due course thereto.



The ruling was reiterated in Republic vs Tango, 594 SCRA 560)While there is no appeal, an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction and such petition shall be filed in the Court of Appeals in accordance with the Doctrine of Hierarchy of Courts. (Republic vs Tango, supra)Who may file petition for declaration of nullity of marriage?A- In Ninal vs Bayadog, 328 SCRA 122, the Supreme Court allowed the compulsory/legal heirs to file petition for declaration of nullity of their father’s marriage against respondent after the death of their father.B- Subsequently thereafter, the SC promulgated the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (AM No. 02-11-10-C), which took effect on March 15, 2003, and Section 2 thereof, makes it the sole right of the husband or the wife to file a petition for declaration of absolute nullity of void marriage. In Enrico vs Heirs of Sps. Medinaceli, 534 SCRA 418, the Court clarified that the coverage of the AM No. 02-11-10-SC extends only to those marriages entered during the effectivity of the Family Code, and its application is prospective.



In Carlos vs Sandoval, 574 SCRA 116, the Court further clarified that AM No. 02-11-10-SC, does not apply to cases already commenced before March 15, 2003, although the marriage involved was celebrated during the effectivity of the Family Code.



What rule will apply for marriages celebrated under the Civil Code?



The absence of a provision in the Civil Code cannot be construed as a license for any person to institute a nullity of marriage case. Such person must appear to be a party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Hence, only the compulsory or legal heirs of the deceased spouse can file the petition.One who is not the real party in interest in a complaint for declaration of nullity of marriage cannot ask for the setting aside of the decision therein- his invocation of the State’s interest in protecting the sanctity of marriage does not give him the standing to question the decision. By law, it is the prosecuting attorney of fiscal or the Solicitor General who represents the interest of the State in proceeding for the annulment or declaration of nullity of marriage. (Salamingo vs Rubica, 527 SCRA 1)Peodri to file petition for declaration of nullity of marriage-



- For marriages the prior to the effectivity of the Family Code (Aug 3, 1988), the petition may be filed by the real party-in-interest even after the death of the spouses. (Ninal vs Bayadog, 328 SCRA 122)- If the marriage was celebrated during the effectivity of the Family Code but the petition was filed before March 15, 2003, the petition may be filed by the real party-in-interest even after the death of the spouses. (Carlos vs Sandoval, supra).



Note: AM No. 02-11-10-SC does not apply.If the marriage was celebrated during the effectivity of the Family Code, and the petition was filed on March 15, 2003 or thereafter, the petition can be filed only by either spouse and during their lifetime. No such petition can be filed after death of either spouses, and in case a party dies at any stage of the proceedings before entry of judgment, the court shall order the case closed and terminated. (AM 02-11-10-SC) , but without prejudice to a collateral attack that may be done by the compulsory/legal heirs of the spouses upon death of a spouse in a proceeding for settlement of the estate of the deceased spouse. (Enrico vs Heirs of Medinaceli and Carlos Sandoval, supra)If the marriage was celebrated during the effectivity of the Family Code, and the petition was filed on March 15, 2003 or thereafter, the petition can be filed only by either spouse and during their lifetime. No such petition can be filed after death of either spouses, and in case a party dies at any stage of the proceedings before entry of judgment, the court shall order the case closed and terminated. (AM 02-11-10-SC) , but without prejudice to a collateral attack that may be done by the compulsory/legal heirs of the spouses upon death of a spouse in a proceeding for settlement of the estate of the deceased spouse. (Enrico vs Heirs of Medinaceli and Carlos Sandoval, supra)Action or defense for the declaration of absolute nullity of marriage shall not prescribe. (39)(as amended by RA 8533, Feb. 23, 1998)



Absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.(40)What step must be undertaken by the present spouse before entering into s subsequent marriage?



What is the effect of failure to take such step?One must first secure a final judicial declaration of nullity of his previous marriage before he can validly contract another marriage and failure to do so shall make him liable for the crime of bigamy if he contracts a subsequent marriage. (Marbella-Bobis vs Bobis, supra, Abunado vs People, 426 SCRA 562) (41)



Even if the prior marriage is void but a party thereto fails to secure a judicial declaration of its nullity before contracting another marriage, the subsequent marriage is also void. (Art. 50 FC, Carino vs Carino, 351 SCRA 127) and the party is liable for the crime of bigamyTo contract a subsequent marriage, the other spouse must be absent for 4 years or 2 years, and the present spouse has well-founded belief that the absent spouse was already dead. (41)When may the subsequent bigamous marriage be terminated?The subsequent marriage shall be terminated automatically by the recording of the Affidavit of Reappearance of the absent spouse, unless there is a judgment annulling or declaring the previous marriage void. (42) If the absentee reappears, but no step is taken to terminate the subsequent marriage, either by affidavit or court action, such absentee’s mere reappearance, even if made known to the spouses in the subsequent marriage, will not terminate such marriage. Since the second marriage has been contracted because of a presumption that the former spouse is dead, such presumption continues inspite of the spouse’s physical appearance, and by fiction of law, he or she must still be regarded as legally an absentee until the subsequent marriage is terminated as provided by law. (SSS vs Jarque Vda. De Ballon, 485 SCRA 376)EFFECTSOF TERMINATION OF SECOND MARRIAGE: (43) 1. Children of the second marriage conceived prior to termination shall be legitimate.2. custody and support to be decided by the court in proper proceedings.3. community property shall be dissolved and liquidated, but share of spouse in bad faith in the net profits shall be forfeited in favor of common children, or children of guilty spouse, or innocent spouse.4. donations by reason of marriage shall remain valid, but those in favor of spouse in bad faith, shall be revoke by operation of law.5. innocent spouse may revoke the designation of spouse in bad faith as beneficiary in any insurance policy, even if designation is irrevocable.6. spouse in bad faith shall be disqualified to inherit from the innocent spouse, whether by testate or intestate succession.IF BOTH IN BAD FAITH- (44) 1. marriage shall be void2. donations by reason of marriage revoked by operation of law3. testamentary disposition revoked by operation of law



GROUNDS FOR ANNULMENT OF MARRIAGE (45) 1. LACK OF PARENTAL CONSENT, unless cohabited freely after 21 years of age. 2. INSANITY, unless after coming to reason cohabited freely with each other.3. CONSENT OBTAINED BY FRAUD, unless with full knowledge, cohabited freely. CONSENT OBTAINED BY FORCE, INTIMIDATION, UNDUE INFLUENCE, unless cause disappeared, cohabited freely5. IMPOTENCY, continuing and appears to be incurable6. PARTY AFFLICTED WITH SEXUALLY TRANSMISSIBLE DISEASE, found to be serious and incurableCONSENT- parental, fraud, force, INSANITY, IMPOTENCY , STDA & B were sweethearts. B. became pregnant. Knowing that A was about to take bar exam, B threatened A with complaint for immorality in the Supreme Court. As a consequence of the threat, A married B. Is the marriage annullable on ground of intimidation? No, the threat to enforce one’s claim which is just and legal, through competent authority, is not the threat contemplated by law to annul a marriage. The threat must be unjust or illegal. (Ruiz vs. Atienza, CA 40 Off Gaz. 1093). FRAUD TO ANNUL A MARRIAGE (46) CONCEALMENT OF CONVICTION by final judgment of a crime involving moral turpitude.CONCEALMENT OF PREGNANCY BY WIFE by another man at the time of marriageCONCEALMENT OF SEXUALLY TRANSMISSIBLE DISEASE, at the time of marriageCONCEALMENT OF DRUG ADDICTION, HABITUAL ALCOHOLISM, HOMOSEXUALITY OR LESBIANISM At the time of marriage NO other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute fraud for annulment of marriage



Plaintiff, a first year law student, met the defendant in March 1968. After several meetings, became engaged and were married. After 88 days, defendant gave birth to child. Plaintiff abandoned defendant and filed suit for annulment on the ground of fraud, as the defendant assured that she was a virgin. Will the suit prosper?



The marriage cannot be annulled. The law is explicit, no other misrepresentation or deceit as to character, health, rank, fortune, or CHASTITY shall constitute fraud for annulment of marriage.On the ground that she was pregnant by another man, the law is explicit. There must be concealment. Here is there is no possibility of concealment. Defendant was already about 6 months pregnant. At such advance stage of pregnancy, concealment would be impossible. (Buccat vs. Buccat, 72 Phil 19). Accdg to medical authorities, when a woman is already 6 months pregnant, the enlargement of her abdomen is above, and no longer below, the umbilicus. (Aquino vs. Delizo, 109 Phil 21IMPOTENCY-Test on Impotency- the test is not the capacity to reproduce but the capacity to copulate. (Sarao vs. Guevarra, CA Off. Gaz. 263).Physical incapacity as ground for annulment of marriage refers to inability to perform the sexual act, and not sterility or inability to procreate. (Menciano vs. San Jose, 89 Phil 63; Jimenez vs. Canizares, 109 Phil 273).If the spouse knew that the other party is impotent, can she ask for annulment of her marriage?How about if the man is already 80 years old, can she ask for annulment?No. 1. To be entitled, party must be unaware of the impotency because the law requires that the party that can bring the action must be the injured party. If she knew, she is not an Injured party.2. Estoppel. She is renouncing copulation, which is a purely personal right.3. Sexual intercourse is not the only end or purpose of marriage.If the man is 80 years old, the wife should know that he should be already impotent, and is under estoppel to annul her marriage. Doctrine of triennial cohabitation- the presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for 3 years.Can relative impotency be invoked to annul marriage? Yes. In view of the physical incapability of one party to consummate said marriage with the other. Can a woman be compelled to undergo physical examination to determine her physical capacity for copulation? (private part of the woman to small to allow penetration). Yes. A physical examination in this case is not self-incrimination. She is not charged with any offense. She is not being compelled to be a witness against herself. Impotency, being an abnormal condition, should not be presumed The presumption is in favor of potency. (Jimenez vs.Canizares, 109 Phil 273).Who may bring an action to annul a marriage?PARTY TO ANNUL MARRIAGE (47) PARENT/GUARDIAN without consent, before 21, or PARTY (whose parent did not give consent)- within 5 years after 21 years of ageSANE SPOUSE (if no knowledge)RELATIVE/GUARDIAN OF INSANE SPOUSE, at anytime before death of EITHER PARTY, INSANE during lucid interval or upon regaining sanity FRAUD- INJURED PARTY, WITHIN 5 YEARS AFTER DISCOVERY OF FRAUD FORCE, ETC., INJURED PARTY, WITHIN 5 YEARS AFTER CESSATION THEREOFIMPOTENCY, INJURED PARTY, WITHIN 5 YEARS AFTER MARRIAGESEXUALLY TD, INJURED PARTY, WITHIN 5 YEARS AFTER MARRIAGE48) IN ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE, COURT SHALL ORDER PROSECUTOR TO APPEAR TO PREVENT COLLUSION BETWEEN THE PARTIESNO JUDGMENT ON STIPULATION OF FACTS OR CONFESSION OF JUDGMENT IN ANNULMENT OR NULLITY OF MARRIAGE49. DURING PENDENCY OF SUIT FOR ANNULMENT OR NULLITY OF MARRIAGE-1. court provides for support of spouses2. custody and support of common children3. Custody shall be given to spouse with due consideration to-a- moral and material welfare of the childrenB- their choice of parent they wish to remainC- provide for visitation rights of other parent



AFTER ANNULMENT: (50, 51) 1. Community shall be dissolved and liquidated2. donations by reason of marriage shall be valid3. innocent spouse may revoke designation of guilty Spouse as beneficiary in life insurance policy, even if designation is irrevocable.4. guilty spouse shall be disqualified to inherit from innocent spouse5. Provides for custody and support of common children 6. Orders the delivery of presumptive legitimes 7. conjugal dwelling and lot shall be adjudicated to spouse whom majority of children choses to remain; in case no majority, court decides8. either spouse may remarry, but deliver presumptive legitimes, otherwise remarriage is void9. children conceived or born before judgment are legitimate (53) 10. children conceived or born of subsequent marriage are legitimate (54) If the judgment of annulment or declaration of nullity of marriage, partition and distribution is not registered, what is the effect?– The judgment of annulment or absolute nullity of marriage, partition and distribution of the properties of spouses and delivery of presumptive legitimes shall be recorded in the civil registry and registry of properties, otherwise, the same shall not affect third persons.• If not registered, the subsequent marriage of either of former spouses shall be null and void. (52) Where there are no properties of the spouses which could be the subject of liquidation, and no legitimes to be delivered, is there a need for recording of the judgment of annulment or absolute nullity of marriage? • There is no need for recording of the judgment in the appropriate registries of property where there are no properties that would be subject of liquidation, partition and distribution and no presumptive legitimes that could be delivered. Logically, our governing laws do not require such judgment to be furnished and recorded in the registries of property. • LEGAL SEPARATION (55) • 1. PHYSICAL VIOLENCE repeated • GROSSLY ABUSIVE CONDUCT• 2. PHYSICAL VIOLENCE OR MORAL PRESSURE to • change politic or religion• 3. ATTEMPT TO CORRUPT • INDUCE to engage in prostitution• 3. FINAL JUDGMENT WITH IMPRISONMENT OF • MORE THAN 6 YEARS, even if pardoned • 4. DRUG ADDICTION, HABITUAL ALCHOLISM • 5. LESBIANISM, HOMOSEXUALITY• 6. BIGAMOUS MARRIAGE, ANYWHERE contracted • 7. SEXUAL INFIDELITY OR PERVERSION• 8. ATTEMPT AGAINST LIFE • 9. ABANDONMENT FOR MORE THAN ONE YEAR, • without justifiable cause GROUNDS FOR DENIAL (56) • 1.CONDONATION - forgiven • 2. CONSENT- agreed • 3. CONNIVANCE- • 4. MUTUAL GUILT- both had given ground • 5. COLLUSION- both agree to commit or appear to commit • 6. PRESCRIPTION- • TIME TO FILE- 5 YEARS FROM OCCURRENCE (57) • NO TRIAL BEFORE 6 MONTHS FROM FILING OF PETITION (58) • NO JUDGMENT UNLESS EARNEST EFFORTS FOR RECONCILIATION MADE DURING PENDENCY OF ACTION AND FAILED (59) Under Section 19 of RA 9262 (Anti-Violence Against Women and Children Act of 2004), the requirement of six months cooling-off period under Article 58 FC shall not apply where violence, as specified in RA 9262, is alleged as the ground for legal separation.



Ex. Repeated physical violence against the wife or common children. In such cases, the court shall proceed on the main case and other incidents of the case as soon as possible.If the ground for legal separation is any act of violence punishable under RA 9262, said law prohibits the awarding of custody of minor children to the perpetrator of a woman who is suffering from battered woman syndrome.



The victim who is suffering from battered woman syndrome shall not also be disqualified from having custody of her children. (Sec. 28, RA 9262)H instituted an action for legal separation against his wife, W on the ground of adultery. It was however established during trial that after H’s discovery of his wife’s infidelity, he still had sexual intercourse withher twice. Will the action prosper?No. The act of H in having sexual intercourse with W in spite of his knowledge of the latter’s infidelity is an act of implied condonation. Such act of condonation shall bar the granting of a decree of legal separation. (Ginez vs Bugayong, 100 Phil 616)A caught his wife, B, having illicit relations with P. He then told her that he will file an action against her for legal separation which the latter agreed provided that no criminal charges shall be filed against her. The complaint was filed and B defaulted. When questioned by the Fiscal, B signified her conformity to the legal separation. Is there collussion? Is there confession of judgment to bar the decree of legal separation• The confession made outside of the court is not a confession of judgment. Confession of judgment happens when defendant appears in court and confesses to the right of the plaintiff to judgment or files a pleading expressly agreeing to plaintiff’s demand.• There is evidence of adultery independent of the confession, upon which the decree may be granted.What the law prohibits is a judgment based exclusively or mainly on defendant’s confession. Otherwise, if a confession can defeat the action ipso facto, any defendant, who opposes the separation, will immediately confess judgment, purposely to prevent it. (Ocampo vs. Florenciano, 107**A and B entered into a contract whereby they agreed to live separately and that they are free to cohabit with anyone. Thereafter A cohabited with M and had seven children with her. B filed an action for legal separation against A. Will the action prosper? • No. • The action has prescribed. Action for legal separation prescribed in 5 years.• By their express agreement, B had consented or condoned the act of A. Having consented or condoned the acts of A, he is undeserving of court’s symphaty.• B is not an innocent spouse. She is aware of the cohabitation between A and M. Effects of filing of legal separation (61)• Spouses are entitled to live separately• No more right of carnal intercourse• Court shall designate H or W to manage the community property• Court shall provide for the support of the spouses and the common children Effects of decree of legal separation (63, 64)• Spouse shall live separately, but marriage bond shall not be severed • Community property shall be dissolved and liquidated.• Offending spouse forfeits share in the profits• Offending spouse disqualified to inherit from innocent spouse • Innocent spouse may revoke donations in favor of offending spouse, as well as designation as beneficiary in any insurance policy, even irrevocable• Disposition in the will in favor of offending spouse is revoked by operation of law.• Custody of minor children awarded to innocent spouse, provided that no child below 7 years shall be separated from the motherA married woman may use:



1. Her maiden first name and surname and add her husband’s surname; or



2. Her maiden first name and her husband’s surname, or



3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs”. In case of legal separation, the wife shall continue using her name and surname employed before the legal separation. (Art. 372 FC)



In case of anulment of marriage, if the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname, or continue using the former husband’s surname, unless: the court decress otherwise; or she or the former husband is married again to another person. (Art. 371 NCC)• A brought an action for legal separation against his wife B on ground of adultery. He likewise asked the Court for the forfeiture of the share of B in the community profits. During the pendency of the case, A died. May the heirs of A be substituted in his behalf? • The action for legal separation, which involves nothing more than separation from bed and board is purely personal. Being personal in character, the death of one party to the action causes the death of the action itself. • Even if the action involves property rights, the abatement still applies. The property rights are mere effects of a decree of legal separation. Without the decree, such rights do not come into existence. Reconciliation (65)• If the spouses should reconcile, the corresponding manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. Effects of reconciliation (66)Legal separation proceedings, if pending, shall be terminated in whatsoever stage.Final decree of legal separation shall be set aside, but separation of property and forfeiture shall subsists, unless the property agree to revive their former regime.The use of the husband’s surname during the marriage is permissive and not obligatory. Hence, a married woman may retain the use of her maiden name. (In re: Josephine P. Uy-Timosa, Bar matter No. 1625, July 18, 2006)Revival of former regime (67)• Spouse should execute an agreement under oath and specify the following:1. properties to be contributed anew to the restored regime2. properties to be retained as separate of each3. the names of all their known creditors, addresses and amounts owing to eachThe agreement shall be approved and recorded. Does not prejudice creditor without notice, unless debtor-spouse has sufficient separate property



The Rule on Legal Separation (AM No. 02-11-11-SC) appears to allow the spouses, upon reconciliation and with intervention of the court, to adopt a new property regime different from that which they had prior to the filing of the petition for legal separation. (Sec. 23(e) and 24, AM No. 02-11-11-SC). It is submitted, however, that the parties may not adopt absolute community or conjugal partnerhip of gains as their new property regime because regimes cannot commence at any other time except the precise moment of the celebration of marriage and any stipulation to the contrary is expressly declared by law to be void. (Art. 88 and 107, FC)RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE:Obligations : (article 68)-To live together wife to live with husband except : a- residence dangerousb- husband has not fixed residencec- husband carries shameful business at home -To observe mutual love, respect, and fidelity-To render mutual help and supportQ. W, wife, abandoned her husband, H, without justifiable reason, can H ask the court to order W to return to the conjugal home under penalty of contempt? What other remedies are available to H?Ans. No, bec. Cohabitation is purely personal obligation (Arroyo vs. Vasquez de Arroyo, 42 Phil. 54) Remedies : A- withhold supportB -recover moral damagesC- ask court to counselThe refusal of the wife to perform her wifely duties, her denial of consortium and her desertion of her husband would certainly constitute a wilful infliction of injury upon her husband’s feelings in a manner contrary to morals, good customs and public policy for which Art. 21 of the NCC authorize an award of damages. Who fixed domicile? Both, in case of disagreement, court decides (article 69)The court may exempt spouse from living with the other :A- if spouse lives abroadB- other valid and compelling reason for exemption Support of the family – joint responsibility of both (Art. 70)Order :a- from community propertyb- income or fruits of separate propertyC- separate property of spouses(proportionate to their properties, but to creditors, solidarily liable).Management of household- right and duty of both (article 71) expenses to be paid in the same order as in supportProfession or occupation- wife may exercise without consent of husband but Husband may object on valid, serious and moral grounds In case of disagreement – court decides on whether or not objection proper, and benefits accrued to the family.If benefit accrued to family prior to objection , resulting obligation shall be enforced against the absolute community; after objection, against separate property of spouse who has not obtained consent.Under RA 9262, if the husband prevents his wife from engaging in any legitimate profession, occupation or or activity, he has committed an act of violence punishable by said law (Sec. 5(e), RA 9262), except in cases where the husband objects on valid, serious and moral grounds. (Sec. 3(a) (D) (1), RA 9262).Legal sanctions : ( petition court for relief) (72) If spouse 1. neglects duties to conjugal union2. commits acts which tend to bring danger, dishonor or injury to the other or to the family. Exercise of profession- (73)-either spouse may exercise without the consent of the other-spouse may object on valid, serious and moral grounds-in case of disagreement, the court shall decide whether or not the objection is proper and benefit accrued to the family before objection or thereafter.-if the benefit accrued prior, the resulting obligation shall be enforced against the separate property of spouse who has not obtained consent.PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE:Governed By : 1. marriage settlement2. family code3. local customs (ARTICLE 74)



Property regimes (article 75)1. absolute community2. conjugal partnership gains3. complete separation of property4. combination of the above regimes5. any other regimes, like dowry system6. in case of void regime- governed by absolute community.Q. A, married B, a very rich woman. When B died, A claimed ½ of the properties of B on the basis of a public instrument executed by A and B whereby all their separate properties were converted into conjugal properties. Is the claim valid?Ans. The claim is not valid.



1. Property relations between husband and wife cannot be changed, altered or modified during marriage.2. The public instrument, if given effect, would result in giving validity to donation between spouses which is not allowed by law.3. It would allow commission of fraud by the spouses.Forms of marriage settlement or modification : (77)1. Must be in writing 2. Must be signed by both3. Must executed before marriageMust be registered to affect third parties