A valid marriage requires both essential and formal requisites. The essential requisites are the legal capacity of the contracting parties (a man and a woman, of marrying age, with no legal impediment) and their consent freely given. The formal requisites are the authority of the solemnizing officer, a valid marriage license (except in marriages exempt from it), and a marriage ceremony where the parties personally declare that they take each other as husband and wife before the officer and at least two witnesses. The absence of any essential or formal requisite generally makes the marriage void from the beginning; a defect in an essential requisite (like consent obtained by fraud or intimidation) makes it voidable; and a mere irregularity in a formal requisite does not affect validity but the responsible party may be liable.
What actually makes a marriage legally valid? The Family Code sets out two sets of requirements: essential and formal requisites.
The Essential Requisites
These go to the very substance of the marriage:
- Legal capacity of the parties — a man and a woman, of marrying age (18 and above), with no legal impediment; and
- Consent freely given in the presence of the solemnizing officer.
The Formal Requisites
- Authority of the solemnizing officer (e.g., a judge, priest, or authorized official);
- A valid marriage license (except in marriages exempt from the license requirement); and
- A marriage ceremony where the parties personally declare they take each other as husband and wife before the officer and at least two witnesses.
Effect of a Missing or Defective Requisite
- Absence of any essential or formal requisite → the marriage is generally void from the beginning;
- A defect in an essential requisite (e.g., consent obtained by fraud, force, or from a party of unsound mind) → the marriage is voidable (valid until annulled); and
- A mere irregularity in a formal requisite → does not affect validity, but the party responsible may be liable.
Practical Takeaways
- A valid marriage needs capacity + consent (essential) and authority + license + ceremony (formal);
- A missing requisite generally makes the marriage void; a defective essential one makes it voidable;
- A mere irregularity (e.g., a paperwork slip) does not void the marriage but can lead to liability.
Frequently Asked Questions
What are the requisites of a valid marriage? The essential requisites are legal capacity of the parties and freely given consent. The formal requisites are the authority of the solemnizing officer, a valid marriage license (unless exempt), and a ceremony where the parties declare their marriage before the officer and two witnesses.
What happens if a requisite is missing? The absence of any essential or formal requisite generally makes the marriage void from the beginning.
What if consent was obtained by fraud or force? A defect in an essential requisite, such as consent obtained by fraud, force, or from a party of unsound mind, makes the marriage voidable, meaning valid until annulled.
Does a paperwork irregularity void a marriage? No. A mere irregularity in a formal requisite does not affect the validity of the marriage, though the party responsible for the irregularity may be liable.
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.