What happens to the share of a spouse who contracted a subsequent marriage in bad faith?
The law strongly penalizes a spouse who enters into a subsequent marriage with malicious intent or extreme bad faith. Their designated share of the net profits of the community property or conjugal partnership is entirely forfeited. This strict financial penalty is mandated by Article 43 Family Code of the Philippines. The forfeited share is then legally redirected in favor of the common children or the innocent spouse. “…but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or, in default of children, the innocent spouse;” 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/.
