The Law

Rights and Obligations Between Husband and Wife

Think you're ready to get married? To vow that you will always be there, to have and to hold, till death do you part? Read on first how the law regards the husband-and-wife relationship.

The 1987 Family Code states that:

  1. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (Art. 68)
  2. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.
  3. 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. 69)

  4. 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. 70)
  5. 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. (Art. 71)
  6. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (Art. 72)
  7. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.
    • In case of disagreement, the court shall decide whether or not:
      (1) The objection is proper; and
      (2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.
      The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. (Art. 73)

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Nolledo, Jose N. "The Family Code of the Philippines." The Civil Code of the Philippines. 2000 Revised Edition