“Marriage is not just a bond of love, but a legal contract with profound implications.” This statement resonates deeply when discussing bigamy—a violation of marital laws that can lead to annulment. In the Philippines, bigamy is not only a criminal offense but also a valid bigamy ground for annulment under the Family Code. Let’s dive into what this means and how it affects individuals caught in such situations.
What is Bigamy?
Bigamy occurs when an individual enters into a marriage while still legally married to another person. Under Philippine law, this act renders the second marriage null and void from the outset. However, even though the marriage is invalid, formal judicial action through annulment is required to legally dissolve it and reflect this status in official records.
Why is Bigamy a Ground for Annulment?
The Family Code of the Philippines explicitly recognizes bigamy as a ground for annulment. Section 35(4) states that marriages contracted while one party is still legally married to another are void. This provision ensures that individuals cannot evade legal accountability by entering into multiple marriages simultaneously.
Legal Consequences of Bigamy
- Civil Nullity: The second marriage holds no legal validity.
- Criminal Charges: Bigamy can lead to prosecution under Article 349 of the Revised Penal Code.
- Impact on Children: Offspring from a bigamous marriage are considered illegitimate, affecting their inheritance rights.
These consequences highlight why addressing bigamy through annulment is crucial—not just for legal compliance but also for personal and familial stability.
How to File an Annulment Based on Bigamy
Step 1: Gather Evidence
To prove bigamy as a ground for annulment, you must present concrete evidence such as:
- The marriage certificate of the second marriage.
- A Certificate of No Marriage (CENOMAR) showing the existence of the first marriage.
- Any other supporting documents that establish the timeline and legality of both marriages.
Step 2: File in the Appropriate Court
The annulment case must be filed in the Family Court where either spouse has resided for at least six months prior to filing. If one spouse resides abroad, specific provisions apply.
Step 3: Legal Proceedings
Once filed, the court will evaluate evidence and testimonies. If uncontested and proof is sufficient, the process typically takes 2-3 years.
Real-Life Implications of Bigamous Marriages
Consider Maria, who discovers her husband Juan was already married at the time of their wedding. Maria’s marriage to Juan is void due to bigamy. This revelation impacts her rights and those of her children:
- Maria’s children are deemed illegitimate.
- Property division becomes complex.
- Custody and support arrangements must be resolved through court proceedings.
Such situations underscore why filing an annulment based on bigamy is essential—not just for legal clarity but also for protecting individual rights.
Common Questions About Annulments Based on Bigamy
Who Can File?
Either spouse can file for annulment based on bigamy during their lifetime. Heirs may also file if both parties are deceased.
What Happens After Annulment?
Once annulled:
- You regain your maiden name.
- You can remarry legally.
- The court determines custody and support arrangements for children.
Key Takeaways
Bigamy is a serious offense with far-reaching consequences. As a bigamy ground for annulment, it provides individuals with a legal pathway to end invalid marriages and restore their rights. Filing an annulment requires careful preparation, reliable evidence, and expert legal counsel.
If you suspect you’re in a bigamous marriage or need guidance on filing an annulment, consult experienced lawyers who can help navigate this complex process effectively. Learn more about this topic by visiting Lawyers in the Philippines.