How is a subsequent marriage terminated if the absent spouse reappears?
The reappearance of the absent spouse has immediate and profound legal effects on the subsequent marriage. The subsequent marriage is automatically terminated without the need for a full judicial annulment trial. This automatic termination mechanism is clearly outlined in Article 42 Family Code of the Philippines. It specifically takes effect upon the proper recording of an affidavit of reappearance by an interested person. “Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void.” 31-Jul-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

