Bigamous Marriage: Legal Realities, Risks, and Remedies

 “A bigamous marriage is not just a matter of the heart-it’s a matter of law, with consequences that can echo for a lifetime.”

Bigamous marriage is more than a legal technicality. It’s a life-altering event that can reshape families, property rights, and even criminal records. If you’re navigating the complexities of marriage, annulment, or remarriage in the Philippines, understanding the risks and repercussions of a bigamous marriage is absolutely essential.

What Is a Bigamous Marriage?

A bigamous marriage occurs when a person enters into a new marriage while still legally married to another individual. This act is illegal in most jurisdictions, including the Philippines, and carries both civil and criminal consequences. The law is clear: marriage is a contract between two people, and entering into a second marriage without legally dissolving the first is a direct violation.

The Legal Consequences of Bigamous Marriage

Criminal and Civil Penalties

In the Philippines, bigamy is a criminal offense under Article 349 of the Revised Penal Code. Anyone who contracts a bigamous marriage can face imprisonment ranging from six years and one day up to twelve years, depending on the circumstances. This applies to both Filipino citizens and foreigners who marry a Filipino while a prior marriage is still valid.

Civilly, a bigamous marriage is considered void ab initio-meaning it is invalid from the start and has no legal effect. However, even though the marriage is void, a court declaration is still required before either party can remarry legally.

Property and Succession Issues

The invalidity of a bigamous marriage means that the second spouse has no legal claim to marital property or inheritance rights. The default property regimes (such as absolute community of property) do not apply to the second, void marriage. Instead, property relations may be governed by special provisions depending on whether the parties acted in good faith.

Impact on Children

Children born from a bigamous marriage are not penalized for the actions of their parents. If both parents believed in good faith that their marriage was valid, the children are considered legitimate under Philippine law and retain rights to support, inheritance, and the use of their father’s surname.

Why Does Bigamous Marriage Happen?

Bigamous marriages can occur intentionally-where one party knowingly enters a second marriage-or unintentionally, such as when a divorce or annulment was never legally finalized10. Regardless of intent, the legal consequences are significant and can disrupt lives, relationships, and futures.

How to Avoid a Bigamous Marriage

Actionable Steps

  • Verify Marital Status: Always ensure that any previous marriage has been legally dissolved before entering a new one. Obtain and keep official court documents proving annulment or divorce.

  • Seek Legal Advice: If there’s any doubt about your marital status or the validity of a previous annulment, consult a qualified family lawyer.

  • Transparency: Be honest with your partner about your marital history. Open communication can prevent legal and emotional complications down the road.

Can I Remarry After Annulment Philippines?

A common question is: can i remarry after annulment philippines? The answer is yes-but only after the court has issued a final and executory decision declaring the previous marriage null and void. Remarrying without this finality risks entering into a bigamous marriage, which is both void and criminally punishable1.

What To Do If You Suspect or Discover a Bigamous Marriage

  • Consult a Lawyer: Immediate legal counsel is crucial to protect your rights and understand your options.

  • File for Nullity: If you are the innocent party, you may file a petition for the declaration of nullity of the bigamous marriage in court.

  • Protect Your Children’s Rights: Ensure that children born from the union are recognized and their rights are safeguarded, regardless of the marriage’s validity.

Conclusion

A bigamous marriage isn’t just an administrative error-it’s a serious legal issue with far-reaching consequences. Understanding the law, acting in good faith, and seeking professional advice are your best defenses. If you’re facing questions about annulment, remarriage, or the risks of bigamous marriage, visit Bigamy and Annulment of Marriage for comprehensive legal guidance.

Stay informed. Protect your rights. And always ensure your marriage is as legal as it is loving.

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