Short answer. Yes. The Family Code answers this directly: a marriage solemnized while either or both parties are at the point of death needs no marriage license and shall remain valid even if the ailing party subsequently survives. Recovery does not undo the marriage — the couple stays married unless the marriage is dissolved as any other.

What the law says

the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives

Family Code, Article 27 — Marriage in Articulo Mortis. Read the full provision →

What a marriage in articulo mortis is

The Family Code makes special provision for the couple who cannot wait: In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license. The ordinary route to marriage requires applying for a license and waiting out the posting period — time a dying person may not have. So the law excuses the license entirely for a marriage in articulo mortis, at the point of death. This is not a lesser or provisional form of marriage; it is a full marriage, celebrated under an exception the Code itself carves out.

Recovery does not dissolve it

The provision anticipates precisely the situation in the question and settles it: the marriage shall remain valid even if the ailing party subsequently survives. Validity is judged at the moment of celebration, and at that moment the license was excused because a party was at the point of death. What happens afterwards — a recovery, even a complete one — does not retroactively revive the license requirement or give either spouse an exit. A spouse who married at what seemed like the end and then recovered is simply married, with all the property, succession and personal consequences that carries.

What the exception excuses — and what it does not

The provision dispenses with one requirement only: the marriage license. Everything else the law demands of a marriage still applies. The parties must have the legal capacity to marry each other, their consent must be freely given, and the marriage must be solemnized by an authorized officer in the presence of the parties. A deathbed setting excuses the paperwork of the license; it does not excuse a defect in consent, a party who is not free to marry, or a solemnizer without authority. Anyone examining the validity of such a marriage should look there — at the essential and formal requisites — not at the fact of recovery.

Practical points for the couple and the family

Because a license-less marriage will one day have to be explained — to a registrar, an insurer, a bank, or a probate court — documentation matters more, not less. Make sure the marriage was properly recorded and registered, and that the record reflects the circumstance under which it was solemnized without a license, since that circumstance is what the marriage's validity rests on. Family members who doubt the marriage — often in inheritance disputes years later — cannot build a challenge on the survival of the ailing spouse; the statute forecloses that argument in so many words.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.