A marriage contracted by a person during the subsistence of a previous valid marriage is bigamous and void from the beginning, because a married person has no legal capacity to marry again. Even if the first marriage was itself void, the law requires a judicial declaration of nullity of the first marriage before the person can validly remarry; contracting a second marriage without first obtaining that declaration exposes the person to the crime of bigamy, and the second marriage remains void. There is a narrow exception: where the prior spouse has been absent and presumed dead, the present spouse may remarry after obtaining a judicial declaration of presumptive death under Article 41. To fix a bigamous situation, the void second marriage may be judicially declared null; and the person may validly remarry only after the impediment (the prior marriage) is legally removed by a decree of nullity, annulment, or the death of the prior spouse. Bigamy also carries criminal liability, so it is not a matter to resolve informally.
Bigamous and Void
A marriage contracted during the subsistence of a previous valid marriage is bigamous and void from the start — a married person cannot validly marry again.
A Court Decree Is Required First
Even if the first marriage was void, a judicial declaration of nullity of the first is required before remarrying. Remarrying without it exposes the person to the crime of bigamy, and the second marriage stays void.
The Presumptive-Death Exception
A narrow exception: where the prior spouse is absent and presumed dead, the present spouse may remarry after a judicial declaration of presumptive death (Article 41).
Practical Takeaways
- A second marriage during a valid first is void and bigamous;
- You need a court decree (nullity, annulment, or presumptive death) before remarrying — even if the first was void;
- Bigamy is a crime — don't resolve it informally.
Frequently Asked Questions
Is a second marriage during a first marriage valid? No. A marriage contracted during the subsistence of a previous valid marriage is bigamous and void from the beginning, because the person has no legal capacity to marry again.
Can I remarry if my first marriage was void? Only after obtaining a judicial declaration of nullity of the first marriage. Remarrying without it exposes you to the crime of bigamy, and the second marriage remains void.
Is there any exception? Yes, a narrow one. Where the prior spouse has been absent and presumed dead, the present spouse may remarry after obtaining a judicial declaration of presumptive death under Article 41.
Does bigamy carry criminal liability? Yes. Contracting a second marriage without the required judicial declaration constitutes the crime of bigamy, in addition to the second marriage being void.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.