1. The Foundation of Marriage
A "Special Contract" Protected by the State
The 1987 Constitution declares marriage an "inviolable social institution." The Family Code of 1987 modernized this, defining it as a permanent union between a man and a woman. It's not just a contract; its terms are governed by law, not by the parties, reflecting the state's profound interest in protecting the family.
2. The Path to "I Do": Marriage Requisites
The Family Code creates a strict, two-tiered system for a valid marriage. Failing to meet these requirements has very different legal consequences.
A) Legal Capacity: A man and a woman, both at least 18 years old.
B) Free Consent: Given in the presence of the solemnizing officer.
Result if Absent: Marriage is VOID from the start.
A) Authority of Solemnizing Officer.
B) Valid Marriage License.
C) Marriage Ceremony with two witnesses.
Result if Absent: Marriage is VOID (with some exceptions).
Result if only an Irregularity: Marriage is VALID, but parties responsible to irregularities may be liable.
3. The Marital Bank Account: Property Regimes
The Family Code fundamentally changed the default financial relationship between spouses. Unless you sign a pre-nuptial agreement, your property regime is determined by your marriage date.
Default for Marriages ON or AFTER Aug 3, 1988
The default is Absolute Community of Property (ACP). Think of it as a total merger. Almost everything you both owned before and acquire during the marriage becomes one common fund.
Default for Marriages BEFORE Aug 3, 1988
The default was Partnership of Gains (CPG). This is a partnership model. You each keep your own pre-marital property, and only the "gains" or profits earned during the marriage are shared.
Regime Comparison at a Glance
Absolute Community (ACP)
All pre-marital & acquired assets are pooled.
Division: Entire net community divided 50/50.
Conjugal Partnership (CPG)
Only fruits and income are pooled.
Division: Only net gains divided 50/50.
Separation of Property
No common fund. By agreement only.
Division: Each spouse keeps their own property.
4. A Union of Equals: Rights & Obligations
The Family Code promotes a partnership of equals, replacing old patriarchal rules with joint responsibilities.
Live Together
The duty of cohabitation, forming a life together.
Mutual Love, Respect & Fidelity
The moral and emotional core, with legal consequences for infidelity.
Mutual Help & Support
The duty of financial, emotional, and moral support.
Both spouses JOINTLY decide on the family home, manage the household, and are responsible for family support.
5. When the Vow Breaks: Legal Remedies
For irreparable marriages, Philippine law provides three distinct, non-divorce remedies. Understanding the difference is critical.
Comparing Marital Remedies
This chart highlights the fundamental differences in outcome for each legal path. Only annulment and a declaration of nullity sever the marriage bond and allow for remarriage.
Grounds for Annulment (Voidable Marriage)
These grounds must exist at the time of the marriage.
Grounds for Nullity (Void Marriage)
These marriages were invalid from the very beginning.
- Under 18 years of age
- Bigamous or polygamous marriages
- Incestuous relationships
- Marriages against public policy (e.g., first cousins)
- No valid marriage license
- Solemnized by person without authority
- Psychological Incapacity (Art. 36): A party's inability to comprehend and assume essential marital obligations. Must be grave, pre-existing, and incurable.
6. The Complex Question of Divorce
The Philippines does not have a general divorce law. However, there are two significant, legally recognized exceptions.
Exception 1: Divorce for Muslim Filipinos
Under Presidential Decree 1083 (Code of Muslim Personal Laws), Muslim Filipinos can obtain a divorce through Shari'a Courts. This recognizes their unique religious and cultural practices.
- Applies to marriages between two Muslims.
- Recognizes various types like Talaq (by husband) and Khul' (by wife).
- Divorce must be registered to be civilly recognized.
Exception 2: Recognition of Foreign Divorce
Under Article 26(2) of the Family Code, a Filipino married to a foreigner can have a foreign divorce recognized in the Philippines, allowing the Filipino spouse to remarry.
The Process:
7. Prohibitions and Pathways to Remarriage
The law strictly forbids certain unions and criminalizes bigamy, requiring a final court order before one can remarry.
Absolutely Prohibited Marriages
Incestuous (Void):
- Between ascendants and descendants (e.g., parent-child).
- Between brothers and sisters.
Against Public Policy (Void):
- First cousins.
- Step-parent and step-child.
- Parent-in-law and child-in-law.
- Adopter and adopted child.
The Danger of Bigamy
Contracting a second marriage while a prior one is still valid is the crime of bigamy. A person cannot simply assume their first marriage is void. Article 40 of the Family Code requires a FINAL JUDICIAL DECREE of nullity before remarrying. Without this court order, a second marriage leads to criminal liability.