Republic of the Philippines

Marinduque State College

COLLEGE OF EDUCATION
Panfilo M. Manguera, Sr.
Road Tanza, Boac,
Marinduque

Bachelor of Technology and

Livelihood Education
 Lesso 3: Remarriage and Stepfamilies
n

At the end of this lesson, students must be able to:

1. Articulate legal points about remarriage under Philippine Law
2. Recognize factors affecting the relationships of remarriage and step-
families.
3. Share insights about personal views of remarriage and step families

Elicit. EMPOWERING MINDS.

Direction: Agree or disagree?

Conflict in stepfamilies can be due to personalities of the family?
Why or
why not?

Explain
Dissolution of Marriage
A. Divorce-it is a complete dissolution of marriage in which both parties can
marry again.
o Most of the grounds for divorce have existed after the marriage.
o Divorce is implemented in the United States and many other
countries except in the Philippines.
Grounds for Divorce
The following are grounds for divorce in most countries:
1. Cruelly-inflicting unnecessary physical or emotional pain on elther
spouse.
2. Abandonment: the spouse leaves home voluntarily and has no
intention of returning home for a certain period of time.
3. Incarceration or confinement in prison for a set number of years
4. Impotency or physical Inability to engage in sexual intercourse, if it is
not disclosed before marriage
5. Adultery or concubinage
 6. Incurable insanity
7. Drug addiction or habitual alcoholism
8. Refusal or neglect to provide suitable support for the spouse
9. Irreconcilable differences
B. Annulment - refers to the legal process of filing a petition in the
appropriate court seeking a Judicial marriage declaration of making a
marriage null and void or from the beginning as if no took place.
The following are the grounds for nullifying marriage under the new Code
1. Lack of parental consent
2. Insanity of one of the parties
3. Fraud, however, if free cohabitation between two parties occurs after
null knowledge of the fraud, marriage is ratified.
4. Force, intimidation, or undue influence
5. Impotency
6. Affliction of sexually transmissible disease found to be serious and
which appears incurable
Legal Separation - refers to the legal process of filling a petition in the
appropriate court seeking a Judicial declaration of legal separation for
married couples.
Art 55. A petition for legal separation may be filed on any of the following
grounds:
1. Repeated physical violence or grossly abusive conduct directed against
the petitioner,
2. Physical violence or moral pressure to compel the petitioner, apolitical
affiliation,
3. Attempt of respondent to corrupt induce the petitioner, a common
child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;
4. Final judgment sentencing the respondent to Imprisonment of more
than six yrs; even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage,
whether in them Philippines or abroad
 8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner, or
10. Abandonment of petitioner by respondent without justifiable cause
for more than one year.
Remarrying in the Philippines
Divorce is not allowed under Philippine law, but remarriage is possible under the
following circumstances:
Death of a spouse
Republic Act 10655 of 2015 has repealed the law stating that women
must wait
301 days after the death of a spouse before they can remarry or risk being
held criminally liable for premature marriage. Thus, women no longer have to
wall out the prescribed period in order to legally remarry, regardless of the
period of the spouse's passing.
If a widow whose spouse died in the Philippines wishes to re-marry a
foreign national, she/he must present a death certificate issued on National
Statistics Office (NSO) security paper, and authenticated by the Department
of Foreign Affairs (DFA). On the other hand, a widow whose spouse died in
another country must present a certified true copy of the death certificate,
Ideally with an English translation, and the document must be authenticated
by the ministry of foreign affairs of the country where the death certificate
was issued.

Presumptive death
Those who wish to remarry on the account of presumptive death of a spou
spouse may do so by asking first the court for a declaration of presumptive
death. This is governed by Article 41 of the Family Code of the Philippines, as
amended, and only possible under the ordinary presumptions with the
following conditions;
● Your spouse has been missing for four consecutive years
● You have a well-founded belief that your absentee spouse is dead
● You have exerted great effort to locate your absentee spouse, and to
establish contact
 ● You have filed a summary proceeding for the declaration of
presumptive death of the absent spouse.
● You wish to remarry.
The four-year period can be shortened to two consecutive years for
extraordinary absence under these conditions:
● The absent spouse was on board a vessel that got lost at sea, or an
airplane that has gone missing, and who has not been heard of for two
years since then.
● The absent spouse was in the armed forces who has taken part in a
war, and has been missing for two years,
● The absent spouse was in danger of death under other circumstances
and his/her existence has been unknown for two years.
Failure to get a declaration of presumptive death upon remarrying can open you
to charges of bigamy. It can also render your second marriage null and void.

Divorce from an alien spouse

A divorce decree that has been obtained abroad may be recognized in
the Philippines if it satisfies the conditions set by the law. It should be
established that the marriage is between a Filipino and a foreign national,
and that the latter obtained a divorce decree from their country, thus making
them eligible for remarriage according to their law.
This may be done through a petition for judicial recognition of a foreign
judgment. When the court grants this petition, the Filipino spouse will also
become eligible to remarry.

Civil annulment
A civil annulment pursuant to Article 45 of the Family Code of the Philippines,
as amended, can be obtained on these grounds:
● Either or both spouses were 18 years old or over but younger than 21
years old, and the marriage was solemnized without the consent of
either or both of their par parentis of legal guardians, unless after
attaining the age of 21, he/she freely cohabited with the other spouse.
 ● Either spouse was of unsound mind when the marriage was
solemnized, unless such spouse after coming to reason, freely
cohabited with the other as husband and wife.
● The consent of either spouse was obtained through fraud, unless such
spouse freely cohabited after full knowledge of the fraud.
● The consent of either spouse was obtained through force, intimidation
or undue influence, unless the same have disappeared or ceased and
such spouse thereafter freely cohabited with the other
● Either spouse was physically incapable to consummate the marriage
with the other, or such Incapacity continues and appears to be
incurable.
● Either spouse was afflicted with a sexually transmitted infection (STI)
that appears to be serious and incurable
Those who have gotten a civil annulment must produce the following
documents in order to remarry:
● Court Order/Decision and Certificate of Finality of Decision
● Amended marriage contract, with an annotation of the civil annulment

Nullity of marriage
A certification of nullity of marriage can be issued if the marriage is found to
be void right from the start. A marriage is considered invalid if
● Either spouse was younger than 18 years when the marriage was
solemnized, even if there was parental consent.
● The marriage was solemnized by an individual who does not have the
legal authority to do so unless either or both spouses believed, in good
faith, that the solemnizing officer was authorized to do so.
● The marriage was solemnized without a license, except those allowed
under the law.
● The marriage is bigamous or polygamous not falling under Article 41 of
the Family Code of the Philippines, as amended.
● Cases of mistaken identity
● Cases of subsequent marriage rendered void under Article 53 of the
Family Code
 ● Either party was psychologically incapacitated to comply with the
essential marital obligations of marriage at the time of the celebration
of the marriage
● The marriage is incestuous
● Marriages which are void from the beginning for reasons of public
policy Marriages between blood relatives, whether legitimate or illegitimate, up
until the fourth degree is considered null and void. The same goes for marriage
between the following parties:
● Step-siblings
● Parents-in-law
● Children-in-law
● Adopting parent and adopted child
● The surviving spouse of an adopting parent and the adopted child
● An adopted child and the legitimate child of the adopter
● Adopted children with the same adopter
● Parties in which one killed their spouse or the other's spouse with the
intention to marry
Remarriage is possible if there is a court order that declares the marriage as null
and void. Remarrying without this court declaration could render the subsequent
marriage void and opens the parties to bigamy charges.

Remarriage - is the legal union of a man and woman that follows the
dissolution of a previous marriage for one or both spouses. Often leads to:

Step Families

✔ Are formed when children from another marriage or relationship are

brought

✔ Step families are commonly referred to as blended families.

✔ Husband with children married no-kids wife

✔ Husband with children marries a wife with children.

 ✔ Mom with children marries no kid husband.

✔ Mom with children marries dad with children.

✔ Widow or widower with kids remarries,

✔ Divorced or widowed parents of adult children marry.

Strengths of Stepfamilies
Early reality coping
• Children in stepfamilies learn about life's realities
early. Whereas many biological children never have
to cope with separation, divorce, and death,
stepchildren have been around the track. They have
had the first-hand experience of losing someone
close to them. More Important, they have learned
that life goes on no matter what happens and that
transitions to new relationships can be for the better
Exposure to Variety of Behavior Patterns
• Children in stepfamilies also experience a variety of
behaviors, values, and lifestyles. They have the
advantage of living on the inside of two families
Parent Happier
• Single parenting can be a demanding and
exhausting experience.
• Remarriage can ease the stress of parenting and
provide a happier context for the
• parent. Stepchildren often witness their parent's
transition from a state of unhappiness to a
• state of happiness.
Adaptation to Stepsiblings
 • Children learning how to get along with other children
in an intimate environment is another beneficial
experience provided by the stepfamily.
• The child's world may also be expanded by new
playmates and companions. This is a particular
benefit for an only child whose parent marries a
person with one or more children.
Stepparent More Objective
• Due to biological ties between a parent and a child,
some parents seem to be incapable of discussing
certain issues or topics.
• A stepparent often has the advantage of not being
emotionally involved and can relate to the child at a
different level.
Weakness of Stepfamilies
Unrealistic Expectations
• Both spouses in the remarriage may expect their present
marriage to right all previous relationship disappointments-both
parental and past marital failures.
Dealing with the Ex-spouse
• The visible reminder of the first marriage who calls and comes
by to pick up the children. Although new spouses may
intellectually understand the necessity of such interaction
between their spouse's former husband and wife, emotionally
they may feel jealous of the tie to the previous marriage.
Complexity of issues
• Remarriage with stepchildren involves twice as many former in-
laws, ex-spouses and children as first marriages do. Managing
these relationships and the issues they can create becomes
difficult for the most skilled partner.

Difficulties for Parents in a Stepfamily

Parents can face problems adjusting to their new family, including:
 ✔ One or both partners may bring hang-ups and unresolved feelings

from their earlier relationship into the current situation.

✔ Disciplining someone else's child can cause resentment.

✔ There could be unexpected problems with child maintenance or access

visits.

✔ The partners may have conflicting visions of family life or different

rules for the home.

✔ One partner may not like the other partner's children.

✔ Even positive change can be stressful.

Difficulties for a Child in a Stepfamily

A child can face problems adjusting to the new family, including:

✔ They may be still mourning the break-up of their original family. Children

generally want the return of the original family, even if it was not a happy

family.

✔ They may have been hoping their parents would reunite, and the new
relationship

crushes their dream. The child may try to (unconsciously) sabotage

the new family in an effort to regain their old family.

✔ Confusion and jealousy may arise if their absent parent

establishes a new relationship and has their own 'new' family too.

✔ The decision to make a stepfamily is decided by the two adults and

not the

children, who may not want a new arrangement

✔ The child may resent or even hate the new partner, at least for a while.

✔ Moving to a new home, new neighborhood or new school can cause

insecurity.
 ✔ They have to share a house with people they don't know very well.

✔ They resent being disciplined by the new partner.

✔ They don't get along with their step-siblings.

✔ They feel they don't know their place within the family.

✔ They resent their change of place in the family.

✔ They feel left out and uncertain about the new family

✔ They dislike having to share their parents with the other partner and
stepchildren.

Helping your Child to adjust to a Stepfamily

A child needs to feel their problems and feelings are taken seriously, no
matter how trivial their complaint or worry may seem to an adult. Children
are trying to tell you something through their behavior. Rather than
punishing them, try to understand.
Some suggestions to help your child to adjust include:

✔ Listen to your child when they want to talk to you. Make time to

listen to them and make sure you won't be interrupted.

✔ Encourage them to talk about their feelings or troubles.

✔ Don't try to force a relationship between your child and their

step-parent or step- siblings.

✔ Establish a regular time for family-oriented activities, such as

games or

discussions

✔ Have meals together.

 ✔ Set up regular routines to give your child a sense of security

✔ Make time to spend with your child, one-on-one.

✔ Regularly reassure the child of your love and support.

✔ Discuss and resolve problems that affect the family as a whole,

such as discipline, with everyone, Including the children.

✔ Decide about new family traditions, such as how to celebrate

Christmas or

birthdays, as a family.

✔ Make sure your child gets some privacy, even if they have to

share a bedroom.

✔ Encourage access and contact with the absent parent.

✔ Give your child time to come to terms with the changes, and don't

expect adjustment to happen in just a few weeks or months.

✔ Seek professional help if you need it.

Factors Influencing Adjustment

✔ Gender and age

✔ Number of transitions

✔ Marital quality

✔ Parenting style changes

✔ Discipline consistency

Working things out together in a

Stepfamily
The best way for family members to handle fights and problems is to sit down
and talk about them. Yelling or sulking do not work and just make things tense.
Some suggestions for young people Include:

✔ Explain how you feel as honestly as you can. Remember every

family

member has a right to their feelings. Start your conversation with

'I feel this allows your feelings to be heard and isn't blaming
anyone else. This technique can allow others, who are also hurt
and upset, to be better able to listen to you.

✔ Try to stay calm.

✔ Remember that you're trying to solve a problem, not win an

argument.

✔ Be prepared to listen as well as talk.

✔ Once you've worked out what the exact problem is, try to find

solutions together.

✔ Be reasonable. It's not always possible to get what you want.

You may

have to compromise.
Perspectives: Structural Functionalism
o According to functionalists, individuals have the greatest chance of
success if they grow up in a traditional family with father instrumental
and mother expressive
Perspectives: Conflict
o Family members compete for resources, stepfamilies create more
conflict because of additional family members and blurred roles.
Perspectives: Symbolic Interactionism
o Meanings of the configuration of a family are constructed, and
reconstructed, through Increased interactions. Like all relationships,
must have Interaction
Benefits of Remarriage for Parents
✔ Emotional closeness, intimacy, and sexual satisfaction.
 ✔ Greater self-esteem, contentment, and happiness.

✔ Have someone with whom they can share both the financial and

caregiving responsibilities.

✔ Remarried parents report

Unique Aspects of Stepfamilies

All members are not biologically related. Unlike the biological family, in which the
children are genetically related to both parents, children in the step family are
related to only one parent.

Evaluate
Directions: Read carefully each item and encircle the best answer.
1. What legal term refers to the declaration that a marriage is void and
invalid from its inception?
a) Divorce
b) Separation
c) Annulment
d) Dissolution
2. An annulment differs from divorce in
that it:
a) Requires a longer legal process
b) Only ends a legal marriage that was never valid
c) Can only be initiated by one
spouse
d) Involves dividing assets and debts
3. Grounds for annulment often include:
a) Irreconcilable differences
b) Lack of communication
 c) Fraud or misrepresentation
d) Mutual agreement
4. In which circumstance might a marriage be eligible for annulment?
a) The couple has irreconcilable differences.
b) One spouse discovers the other has a criminal record.
c) The marriage was entered into under duress.
d) Both spouses want to end the marriage amicably.
5. What is the effect of an annulment on marital status?
a) It leaves the parties legally married.
b) It declares the marriage never existed.
c) It grants a legal separation.
d) It converts the marriage into a civil union.
6. How does an annulment affect property division?
a) Assets are divided equally between the parties.
b) Each party retains their own assets.
c) There is no impact on property division.
d) Assets are divided based on fault.
7. Who typically has the burden of proof in an annulment proceeding?
a) Both spouses equally
b) The spouse filing for annulment
c) The court
d) The spouse opposing the annulment
8. What is the legal term for the termination of a marriage?
a) Separation
b) Annulment
c) Divorce
d) Dissolution
9. Which country was the first to enact a no-fault divorce law?
a) United States
b) United Kingdom
c) Canada
 d) Australia
10. What is the term for a divorce where both spouses agree on all
terms without involving the court?
a) Uncontested divorce
b) Amicable divorce
c) Mutual divorce
d) Cooperative divorce
11. What percentage of marriages in the United States end in divorce,
according to statistics?
a) 30-40%
b) 50-60%
c) 10-20%
d) 70-80%
12. Who typically retains custody of children in a divorce?
a) The mother
b) The father
c) Both parents equally
d) It depends on the circumstances and the court's decision
13. What is the legal term for an arrangement in which a married
couple lives apart but remains legally married?
a) Divorce
b) Annulment
c) Legal separation
d) Dissolution
14. Unlike divorce, legal separation does not:
a) Terminate the marriage
b) Divide marital assets and debts
c) Allow either spouse to remarry
d) Require court intervention
15. What document formalizes a legal separation agreement?
a) Divorce decree
 b) Marital settlement agreement
c) Separation agreement
d) Annulment contract
16. Which of the following is typically addressed in a legal separation
agreement?
a) Child custody and visitation
b) Division of property and debts
c) Spousal support
d) All of the above
17. In many jurisdictions, what is the waiting period before a legal
separation can be converted into a divorce?
a) 6 months
b) 1 year
c) 18 months
d) 2 years
18. What is the main advantage of legal separation over divorce for some
couples?
a) It allows them to retain certain benefits of marriage, such as
healthcare coverage
b) It is less expensive
c) It is easier to reconcile later
d) It provides a clearer division of assets
19. What is the term for the legal process of obtaining a legal separation?
a) Separation proceedings
b) Separation petition
c) Legal separation decree
d) Judicial separation
20. What term describes a legal arrangement in which spouses
live apart and manage their own finances, but the marriage
remains intact?
a) Temporary separation
b) Permanent separation
c) Trial separation
d) Legal separation
References:
1. Cruz, Rosario Claridad, Ph. D. T.H.E in the 21st Century
2. Garcia, Corazon, et al. Technology and Home Economics
3. Dr. Rojo, Cruz, et al. Technology and Home Economics, Revised
Edition September, 2005
4. Santiago, Marites F. et al. Technology and livelihood Education.
Published Copyrighted 2013, distributed by St. Andrew Publishing
House.
5. Marriage and Family Wellbeing. Volume 25, Number 2, 2015
6. Gwen Dewar, Ph.D. Parenting styles: An evidence-based, cross-cultural
guide © 2010-2018
7. https://www.slideserve.com/calandra-nicoli/lesson-15-remarriage-and-
stepfamilies
8. https://www.betterhealth.vic.gov.au/health/HealthyLiving/stepfamilies?
viewAsPdf= true
9. Quantum Units Continuing education, Published on July
4, 2016 Answer:

1. c) Annulment
2. b) Only ends a legal marriage that was never valid
3. c) Fraud or misrepresentation
4. c) The marriage was entered into under duress.
5. b) It declares the marriage never existed.
6. b) Each party retains their own assets.
7. b) The spouse filing for annulment
8. c) Divorce
9. a) United States
10. a) Uncontested
divorce 11. b) 50-60%
12. d) It depends on the circumstances and the court's decision
13. c) Legal separation
14. c) Allow either spouse to remarry
15. c) Separation agreement
16. d) All of the above
17. b) 1 year
18. a) It allows them to retain certain benefits of marriage, such as
healthcare coverage
19. d) Judicial separation
20. d) Legal separation