Separation-in-Fact: Misconception

One day, a client asked me whether she could remarry again.  She has been separated from her husband for almost 15 years already.  Is it true that her marriage already expires considering of the number of years she has been separated with her husband?

It is one of the many misconceptions people are getting from the circle of friends.  Accordingly, one could remarry again if he or she has been separated with his/her wife/husband for a number of years.  For example, in the situation mentioned in this post, considering that the spouses are separated for more than 15 years already, it would render their marriage null and void.

The separation that is tackled here is one that is known as separation-in-fact.  Or the spouses have just agreed to separate without the benefit of any court order.  In short, their separation has not been sanctioned by any order of the court.

Separation-in-Fact, no matter how long it may be, does not severe the marriage bond of the spouses.  The spouses remain married to each other.  Their marriage remains valid and existing.  The separation of the parties would not affect the validity of the marriage.

In this situation, she cannot remarry.  She cannot contract another marriage because of the existing valid marriage.  

Granting without accepting that she would be able to contract a subsequent marriage, what would be the effects?

The subsequent marriage is valid.  Yes, there would be now two valid marriages.  However, the subsequent marriage can be annulled in view of the previous marriage.  Unless and until the second marriage is annulled, it remains valid. It is not automatic to declare the second marriage as null and void.  There must be a petition to that effect first.

The wife who contracted a subsequent marriage can be prosecuted for the crime of bigamy. 

So, do not get fooled from the people who would say that the marriage would expire if the parties have separated-in-fact for more than 15 years.  There is no law granting or providing such.  

The marriage contract has no expiry date, so to speak.

For the client to remarry again, she must file an annulment case, if her case falls within the marriages that can be annulled.  If her husband can no longer be found despite the effort she exerted to locate him, she may petition the court to presumptively declare her husband as dead so as she could remarry again.

Comments

Post a Comment

Popular posts from this blog

Philippine Laws on Illegal Gambling

Image
Since the announcement of Philippine President Rodrigo Roa Duterte for the Philippine National Police to halt its operation on war against drugs and shift the fight against illegal gambling, hundreds of suspected individuals were apprehended allegedly involved with illegal gambling nationwide. In General Santos City for instance, there are at least 4 suspects are brought before our office for inquest investigation.  There suspects are either violating Presidential Decree (P.D.) No. 1602 or Republic Act No. 9287. It might be noteworthy to consider because the police officers are doing their job as mandated by law, but, most, if not all, of the suspects apprehended belong to the poorest of the poor.  We are still waiting at the time when we would face suspects who are the financier of these illegal gambling games. This image is taken from google. The following are the gambling laws of the Philippines: PRESIDENTIAL DECREE NO. 1602 It amended the criminal provisions of A
Read more

The Crime of Grave Scandal

Image
Courtesy of Sun.Star Davao When I opened my facebook yesterday, June 2, 2014, a strange news caught my attention.  This news was all about two men caught in the act masturbating.  Thus: DUHA ka lalaki ang gibalhog sa selda sa San Pedro Police Station human nasakpang nag-masturbate sila ala 1:25 sa kaadlawon kagahapon, Dominggo, didto sa Palma Gil Street, siyudad sa Davao. Ang duha gitago sa pangalan nga Marco, 33, ulitawo, laborer, nagpuyo sa San Juan Village, Bangkal, Barangay Talomo Proper, ug Daryl, 23, ulitawo, sales agent ug residente sa S.I.R, New Matina, Barangay 76-A Bucana. Gisaysay sa blotter sa kapulisan nga nadakpan ang duha sa nagpatrolya ang mga sakop sa Philippine Civic Crime Monitoring Group (PCCMG) nga gipangulohan Jerry Balobar Ponayo didto sa dalang Palma Gil. Si Police Officer (PO2) Perfecto Tuloy, duty desk officer, nagsulti nga nakita mismo ni Ponayo ang duha nga nagbinatilay sa ilang kinatawo kilid sa gi-parking nga multicab sa kalsada.
Read more

Bonds for Illegal Gambling

This post shall provide the updated recommended bonds for illegal gambling as of this writing. Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling): Section 1.   Penalties.  The following penalties are hereby imposed: (a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:      1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pang
Read more