- Statute
- Philippine Family Code
- Article
- Art. 40
- Topic
- Judicial declaration of nullity required for remarriage
- Status
- In force
- Year
- 1987
- Cited by
- Multiple Supreme Court decisions
The provision
The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. (n).
Intellegal Wiki · In plain terms
A person whose earlier marriage was void cannot simply assume it is void when remarrying. For purposes of remarriage, the previous marriage's nullity can be relied on only after a final court judgment has declared that marriage void.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Alain M. Diño v. Ma. Caridad L. Diño G.R. No. 178044
- Jarillo v. People G.R. No. 164435
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