Is a subsequent marriage valid if the prior spouse has been absent for four years?
A subsequent marriage during the subsistence of a previous one is generally considered null and void. However, it can be valid if the prior spouse has been continuously absent for four consecutive years. This specific exception is carefully detailed in Article 41 Family Code of the Philippines. Furthermore, the present spouse must have a well-founded belief that the absent spouse is indeed already dead. “Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead.” 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/.
