What must the present spouse do before contracting a subsequent marriage due to absence?
The present spouse cannot simply proceed to marry someone else based merely on the long passage of time. They must take affirmative legal action to establish the presumption of death of the absent spouse. This requires instituting a summary proceeding in court as required by Article 41 Family Code of the Philippines. Securing a judicial declaration of presumptive death is mandatory for the subsequent marriage to be recognized as valid. “For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee…” 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/.
