Bigamy Ground for Annulment: What You Need to Know

When it comes to marriage, nothing shakes the foundation of trust more than discovering your spouse was already married to someone else. Bigamy is a serious issue, and many wonder: Is bigamy ground for annulment? The answer is both straightforward and nuanced under Philippine law. Let’s dive deep into what bigamy means legally, how it affects your marriage, and the steps you can take to protect your rights.

What Is Bigamy?

Bigamy happens when a person marries someone while still legally married to another. In the Philippines, where divorce is not generally allowed, this is a criminal offense under the Revised Penal Code. But beyond criminal liability, bigamy also affects the validity of the marriage itself. A marriage entered into while one party is still legally married to another is considered void from the start—or void ab initio—under Article 35(4) of the Family Code.

Is Bigamy Ground for Annulment?

Here’s the catch: technically, a bigamous marriage is not annulled but declared absolutely null and void. This means the marriage is invalid from the beginning and does not require an annulment in the traditional sense. Instead, you file a petition for a declaration of absolute nullity to have the court officially recognize the marriage as void.

Still, many people mistakenly believe that because the marriage is void, it automatically ends without court intervention. This is incorrect. Only a court can legally end the marriage and confirm its nullity. Without a court declaration, you remain legally married, which can cause complications, especially in property rights and future relationships.

How to Proceed if You Suspect Bigamy

If you suspect your spouse was already married when they married you, here are actionable steps:

  • Gather evidence: Obtain proof that your spouse had a prior valid marriage. This could be marriage certificates, affidavits, or other legal documents.

  • File a petition for declaration of nullity: This legal action asks the court to declare your marriage void due to bigamy.

  • Understand property implications: If the court declares one party guilty of bigamy, their share of the conjugal property may be forfeited to their children or innocent spouse from the previous marriage.

  • Consult a lawyer: Navigating bigamy cases requires expert legal advice to ensure your rights are protected and the process follows the proper legal steps.

Who Can File for Annulment or Nullity Based on Bigamy?

Only the innocent spouse or a party with legal interest can file for the declaration of nullity based on bigamy. The guilty spouse cannot seek nullity to escape criminal liability. The Supreme Court has emphasized this to protect the integrity of existing legal unions and prevent abuse of the legal system.

Effects of a Bigamous Marriage Declaration

Once the court declares the marriage void due to bigamy:

  • The marriage is treated as if it never existed.

  • The innocent spouse is relieved from marital obligations and liabilities.

  • Property rights are clarified, often favoring the innocent party.

  • The innocent spouse can remarry legally after the court’s final decision and proper registration.

Common Misconceptions About Bigamy and Annulment

  • “The second marriage is automatically valid if the first is void.” Wrong. A judicial declaration is necessary before contracting a subsequent valid marriage.

  • “Good faith belief that the first marriage was invalid protects against bigamy charges.” Not true. Only a court decree can absolve liability.

  • “Annulment can retroactively fix bigamy issues.” No. The criminal implications remain if the second marriage was contracted before the nullity decision.

Final Thoughts

Bigamy is indeed a bigamy ground for annulment—or more precisely, a ground for a declaration of absolute nullity. But don’t be fooled into thinking the problem solves itself. The law requires you to take action in court to protect your rights and end the void marriage legally. If you find yourself in this situation, act promptly. The consequences affect not just your marital status but your property rights and future happiness.

For a comprehensive guide on bigamy as a ground for annulment, including procedural steps and legal advice, visit this detailed resource on bigamy ground for annulment.

Bigamy is a complex and sensitive issue, but with the right knowledge and legal support, you can navigate it effectively. Remember, the law is on your side to protect your marriage and your rights!

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