Absence of valid license voids a marriage
"I have been married to my husband since 2008 and we have a child. We didnt have any formal rite no marriage license or parental consent. But we have a certificate of marriage from the National Statistics Office. We got married through the help of the so- called fixers. I was 20 years old back then. My husband had an affair in 2010 and is ongoing up to now. Because of that I want an annulment. I read in one of your posts and one of the lines there said a marriage without a valid marriage license is void from the beginning. So, this means our marriage is considered null and void? Do we still need an annulment? Paola
Dear Paola,Under the law, one of the requisites of a valid marriage is a valid marriage license (Article 3, Family Code of the Philippines). The absence of this requisite during the celebration of the marriage will render the same null and void (Articles 4 and 35(3), Family Code of the Philippines).
However, there are cases where a valid marriage license is not required such as when either or both parties to the marriage are at the point of death, the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar or the marriage is between Muslims or between members of the ethnic cultural communities provided they are solemnized in accordance with their customs, rites or practices (Articles 27, 28 and 33, Family Code of the Philippines).Likewise, the marriage between a man and a woman who have cohabited as husband and wife for at least five years without any legal impediment to marry each other shall likewise be exempt from the requisite marriage license during the celebration of their marriage (Article 34, Family Code of the Philippines).
Applying the foregoing, if you were not exempt from securing a marriage license during the celebration of your marriage, the same is null and void. You may file a Petition for Declaration of Nullity of Marriage based on this ground.On the other hand, the lack of parents consent prior to the wedding ceremony renders your marriage voidable. However, since as can be inferred from your narration you freely cohabited with your husband after attaining the age of 21, the said defect has been cured (Article 45 (1) of the Family Code of the Philippines).
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to guide you with our opinion on the matter."
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"Absence of valid license voids a marriage"
was written by Mary
under the Legal Advice
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comments. The article was created on 14 September 2021
and updated on 14 September 2021