I. Introduction

In the Philippines, a person’s prior romantic relationship and children from that relationship do not, by themselves, make a later marriage void. What matters legally is whether, at the time of the later marriage, there existed a legal impediment under the Family Code of the Philippines, such as a prior existing marriage, lack of legal capacity, absence of consent, bigamy, incestuous relationship, or other statutory ground.

Many disputes arise when one spouse later discovers that the other spouse had a previous partner, children, or even a prior family-like arrangement. The discovery may feel like fraud, betrayal, or concealment. However, Philippine law distinguishes between:

A prior relationship without marriage;
Children from a prior relationship;
A prior valid marriage that still existed at the time of the later marriage;
A prior void marriage;
A prior marriage that was annulled, declared null, or dissolved abroad;
Concealment of facts that may amount to fraud or psychological incapacity.

The legal consequences differ greatly.

II. Basic Rule: A Prior Relationship and Children Do Not Automatically Void a Marriage

A person who previously had a boyfriend, girlfriend, live-in partner, fiancé, or children outside marriage is not automatically disqualified from marrying another person.

A later marriage is not void merely because one spouse had children with someone else before the marriage. Philippine law does not prohibit a single person from marrying simply because he or she is already a parent.

For example:

A man has two children with a former live-in partner. He was never married to that partner. Later, he marries another woman. The marriage is generally valid, assuming all legal requirements were met.

Similarly:

A woman previously had a child with an ex-boyfriend. She later marries another man. The marriage is not void merely because of the prior child.

The legal problem begins only if the prior relationship involved an existing valid marriage, or if the facts surrounding the marriage fall under a ground for nullity or annulment.

III. When the Later Marriage Is Void: Existing Prior Marriage

The most important situation is where one spouse was already legally married to another person when he or she contracted the later marriage.

Under Philippine law, a person must have legal capacity to marry. If a person is already married, he or she generally has no capacity to contract another marriage.

A subsequent marriage is generally void from the beginning if, at the time it was celebrated, one spouse had a prior existing valid marriage.

This is commonly connected with bigamous marriage.

Example

Pedro married Ana in 2010. They separated in 2015 but never obtained a declaration of nullity, annulment, or other legally recognized termination of the marriage. In 2020, Pedro married Clara.

Pedro and Clara’s marriage is generally void because Pedro was still legally married to Ana when he married Clara.

Physical separation, abandonment, long absence, or a private agreement to separate does not dissolve a Philippine marriage.

IV. Prior Relationship Versus Prior Marriage

It is crucial to distinguish between a “prior relationship” and a “prior marriage.”

A prior relationship may include dating, cohabitation, engagement, or having children together. This alone does not create a legal impediment to marry another person.

A prior marriage, however, creates a legal impediment unless it was legally dissolved, annulled, declared void by a court, or otherwise recognized as terminated under Philippine law.

The existence of children is evidence of a relationship, but it is not proof of marriage. A person may have children without ever having been married to the other parent.

Thus, in a court case, the key question is not simply: “Did my spouse have children with someone else?”

The better question is: “Was my spouse already legally married to someone else when we married?”

V. What If the Prior Marriage Was Void?

A difficult issue arises when the spouse had a prior marriage that was itself void.

Under Philippine law, even if a prior marriage is void, parties generally cannot simply ignore it and remarry freely. For purposes of remarriage, there must generally be a judicial declaration of nullity of the prior marriage.

This means that a person who believes his or her first marriage was void should obtain a court declaration before contracting another marriage. Otherwise, the later marriage may face serious legal consequences.

Example

Maria married Juan in 2012. Juan was allegedly psychologically incapacitated, making the marriage void under Article 36. Maria leaves Juan and marries Carlo in 2020 without first obtaining a court judgment declaring the first marriage void.

Even if Maria believes the first marriage was void, her later marriage to Carlo may be legally vulnerable because the prior marriage had not been judicially declared void before the later marriage.

The law generally requires people to respect court processes rather than unilaterally decide that their previous marriage was invalid.

VI. Exceptions Involving Presumptive Death

Another major exception involves a spouse who remarries after the prior spouse has been absent for a legally significant period and is believed to be dead.

Under the Family Code, a person may contract a subsequent marriage if the prior spouse has been absent for the required period and the present spouse obtains a judicial declaration of presumptive death before remarrying.

Without such judicial declaration, remarriage is legally dangerous.

If the absent spouse later reappears, special rules may apply to terminate or affect the subsequent marriage, depending on compliance with the law.

VII. What If the Spouse Had Children During a Prior Marriage?

If a person had children with a prior spouse during a valid marriage, the children themselves do not create the legal impediment. The prior marriage does.

The existence of children may be relevant evidence that there was a prior family, but the decisive legal fact remains the marriage.

For example:

A woman discovers that her husband has children with another woman. If the husband was never married to that woman, the marriage is not void on that ground alone.

But if the husband was legally married to that woman and that marriage was still existing when he married the current wife, then the current marriage may be void.

VIII. What If the Spouse Concealed the Prior Relationship and Children?

Concealment of a prior relationship or children can create emotional and legal issues, but it does not always make the marriage void.

Philippine law recognizes certain types of fraud as grounds for annulment, not necessarily declaration of nullity. A void marriage is considered invalid from the beginning. An annullable marriage is valid until annulled by a court.

The concealment of certain facts may matter if it falls within legally recognized fraud. But ordinary lies, moral defects, or nondisclosure of past relationships do not automatically invalidate consent.

Is concealment of prior children fraud?

This depends on the facts. Philippine law specifically treats concealment of certain serious matters as fraud for purposes of annulment. But not every concealment qualifies.

The concealment must generally be serious, material, and of the type recognized by law. Courts do not annul marriages merely because one spouse later regrets marrying after learning unpleasant facts about the other spouse’s past.

A spouse who wants to rely on fraud must usually act within the legal period for annulment. Delay may bar the action.

IX. Void Marriage Versus Annulment

This distinction is essential.

A void marriage is invalid from the beginning. It produces no valid marital bond, although legal consequences may still arise regarding property, children, support, and good faith.

An annullable marriage is valid until a court annuls it. It is not automatically invalid.

A marriage involving an existing prior marriage is usually treated as void, because the married spouse lacked legal capacity.

A marriage involving fraud, force, intimidation, or certain defects of consent is usually annullable, not void, unless the facts also fall under a void-marriage ground.

X. Common Grounds for Void Marriages in the Philippine Context

A marriage may be void from the beginning in several situations, including the following:

1. Absence of an essential or formal requisite

Marriage requires legal capacity and consent freely given in the presence of a solemnizing officer. Certain formal requirements, such as authority of the solemnizing officer and a valid marriage license, are also important, subject to exceptions.

2. Bigamous or polygamous marriage

A later marriage is generally void if one spouse was already validly married to another person.

3. Psychological incapacity

A marriage may be declared void if one or both spouses were psychologically incapacitated to comply with essential marital obligations at the time of the marriage.

This is not mere immaturity, incompatibility, irresponsibility, infidelity, or refusal to perform marital obligations. It must be a serious incapacity existing at the time of marriage, shown by evidence.

4. Incestuous marriages

Certain marriages between close relatives are void.

5. Marriages void for reasons of public policy

Some relationships are prohibited by law even if the parties consent.

6. Underage marriage

A marriage where a party lacked the required legal age may be void.

The exact ground depends on the facts and the applicable provisions of the Family Code and related laws.

XI. Bigamy and Criminal Liability

A spouse who contracts a second marriage while a first valid marriage is still existing may face not only civil consequences but also possible criminal liability for bigamy under the Revised Penal Code.

Bigamy generally involves:

A first valid marriage;
The first marriage has not been legally dissolved or the absent spouse has not been declared presumptively dead;
The offender contracts a second or subsequent marriage;
The second marriage has the appearance of validity.

The criminal case for bigamy is separate from a civil case for declaration of nullity.

A person cannot safely assume that because the second marriage is void, there is no criminal liability. Bigamy law punishes the act of contracting a second marriage while a prior valid marriage subsists.

XII. What If the First Marriage Was Secret?

A secret first marriage still counts if it was legally valid.

A person may not avoid the consequences of bigamy or void marriage by saying the current spouse did not know about the first marriage. The lack of knowledge may matter for the innocent spouse’s good faith, property rights, and possible remedies, but it does not make the second marriage valid if a prior valid marriage existed.

Example

Liza marries Mark, believing he is single. Later, she discovers Mark had married another woman years earlier and never obtained annulment or declaration of nullity.

Liza may be an innocent spouse, but her marriage to Mark may still be void because Mark lacked capacity to marry her.

XIII. What If the First Marriage Was Abroad?

A prior foreign marriage may also create a legal impediment if it was valid under the law of the place where it was celebrated and recognized under Philippine conflict-of-laws principles.

If a Filipino spouse was previously married abroad, the key questions include:

Was the foreign marriage valid where celebrated?
Was either party Filipino?
Was there a divorce abroad?
Who obtained the divorce?
Was the divorce recognized by a Philippine court?
Was the person legally capacitated to remarry under Philippine law?

Philippine citizens generally cannot dissolve their marriages by divorce obtained in the Philippines because divorce is generally unavailable to most Filipinos, except in special contexts such as Muslim personal law and recognized foreign divorce situations.

Where a foreign divorce is involved, Philippine court recognition may be necessary before the Filipino can remarry.

XIV. Foreign Divorce and Capacity to Remarry

If a Filipino is married to a foreigner and the foreign spouse obtains a divorce abroad, the Filipino spouse may be capacitated to remarry, but the foreign divorce usually must be judicially recognized in the Philippines.

The recognition proceeding is important because Philippine civil registry records must reflect the foreign judgment before the Filipino spouse can safely remarry.

A person who remarries without proper recognition may face legal complications.

XV. Children in a Void Marriage

Even if a marriage is void, the law still protects children.

The status of children depends on the type of void marriage and applicable provisions. In many cases, children of void marriages may be considered illegitimate, but there are important exceptions, including certain children of marriages declared void under psychological incapacity and certain subsequent marriages involving compliance with liquidation and partition rules.

Children may still be entitled to support, succession rights according to their status, parental authority arrangements, and other protections.

The invalidity of the marriage does not erase parental obligations.

XVI. Property Consequences of a Void Marriage

Property consequences depend on good faith, the type of marriage, and the applicable property regime.

For valid marriages, spouses may be governed by absolute community of property, conjugal partnership of gains, or another valid property regime.

For void marriages, ordinary matrimonial property regimes may not apply in the usual way. Instead, rules on co-ownership, wages, property acquired through joint effort, and good faith may become important.

If one spouse acted in bad faith, the law may impose consequences affecting his or her share in property.

An innocent spouse should not assume that “void marriage” means there are no property rights or obligations. A court must still settle property, support, custody, and related matters.

XVII. Good Faith and Bad Faith

Good faith is very important in void-marriage cases.

A spouse who honestly believed the marriage was valid may have different rights from a spouse who knowingly entered into a prohibited or bigamous marriage.

For example:

If a woman marries a man believing he is single, and later discovers he was already married, she may be considered in good faith.

If the man knew he was already married and concealed it, he may be considered in bad faith.

Good faith can affect property distribution, damages, custody considerations, and credibility before the court.

XVIII. Remedies of the Innocent Spouse

A spouse who discovers that the other spouse had a prior existing marriage may consider several remedies.

1. Petition for declaration of nullity of marriage

This is the primary civil remedy to obtain a court judgment declaring the marriage void.

Even if a marriage is void from the beginning, parties generally still need a court declaration for official purposes, such as correction of civil registry records, remarriage, property settlement, and protection of rights.

2. Criminal complaint for bigamy

If the facts support it, the innocent spouse may consider filing a criminal complaint.

This requires evidence of the first marriage, the second marriage, and the continued existence of the first marriage at the time of the second.

3. Support and custody actions

If there are children, the innocent spouse may seek support, custody, visitation arrangements, and parental authority determinations.

4. Property settlement

The parties may need court-supervised settlement, liquidation, or partition of properties acquired during the union.

5. Damages

In appropriate cases, damages may be claimed, especially where there was bad faith, fraud, deceit, or injury.

XIX. Evidence Needed to Prove a Prior Existing Marriage

A person alleging that the marriage is void because of a prior existing marriage must prove the relevant facts.

Useful evidence may include:

Certified true copy of the first marriage certificate;
Certified true copy of the second marriage certificate;
PSA-issued certificates;
Civil registry records;
Court records showing no annulment, nullity, or dissolution;
Birth certificates of children, if relevant to identify relationships;
Admissions, messages, photographs, or documents showing concealment;
Immigration, employment, insurance, or beneficiary records;
Witness testimony;
Foreign marriage or divorce records, if applicable.

The strongest evidence is usually official civil registry documentation.

XX. Is a Declaration of Nullity Always Needed?

For practical purposes, yes, a court judgment is usually needed.

Although a void marriage is legally inexistent from the beginning, people generally cannot simply treat themselves as single for all purposes without a judicial declaration.

A court judgment is especially important for:

Remarriage;
Civil registry correction;
Property settlement;
Legitimacy or status issues of children;
Avoiding future disputes;
Defending against criminal or administrative accusations;
Government records, benefits, and inheritance matters.

A person who enters another marriage without properly clearing the prior marriage risks serious consequences.

XXI. Common Misconceptions

Misconception 1: “He had children before me, so our marriage is void.”

Not necessarily. Prior children do not void a marriage.

Misconception 2: “She lived with someone before me, so she was already married.”

Cohabitation is not the same as marriage.

Misconception 3: “They separated long ago, so he was free to marry me.”

Separation does not dissolve marriage.

Misconception 4: “The first marriage was fake, so the second marriage is automatically valid.”

A court may still need to declare the first marriage void.

Misconception 5: “If the second marriage is void, there is no bigamy.”

Not always. Bigamy may still be charged if the legal elements are present.

Misconception 6: “A birth certificate naming the other parent proves marriage.”

No. It may prove parentage or relationship, but not necessarily marriage.

Misconception 7: “If I was innocent, my marriage becomes valid.”

Good faith may protect rights, but it does not cure lack of legal capacity of the already-married spouse.

XXII. Prior Children and Consent to Marriage

A spouse may argue that he or she would not have consented to the marriage had the prior children been disclosed.

This may raise issues of fraud or mistake, but Philippine law does not treat every mistake as legally sufficient to annul or void a marriage.

The law generally protects the stability of marriage and requires strict proof of statutory grounds.

A person’s past, including prior children, may be morally or personally important, but legal invalidity requires a recognized ground.

XXIII. Prior Relationship, Infidelity, and Psychological Incapacity

If a spouse concealed a prior family, maintained a double life, or continued a relationship with the prior partner during the marriage, the issue may potentially relate to psychological incapacity.

However, infidelity alone does not automatically prove psychological incapacity.

Courts look for a deeper inability to comply with essential marital obligations, existing at the time of marriage. Evidence may include patterns of behavior, expert testimony where helpful, family history, repeated abandonment, compulsive lying, inability to assume fidelity and support obligations, or other serious circumstances.

The focus is not merely that the spouse was unfaithful, but whether the spouse was truly incapable of assuming essential marital duties.

XXIV. Prior Relationship and Violence Against Women and Children

Where concealment of a prior relationship is accompanied by abuse, abandonment, economic deprivation, threats, coercion, or psychological violence, remedies may also exist under laws protecting women and children.

A spouse or partner may seek protection orders, support, custody remedies, and criminal or civil relief depending on the facts.

This is separate from the issue of whether the marriage is void.

XXV. Effect on Inheritance

A void marriage can affect inheritance rights.

If the marriage is void, the parties may not inherit from each other as lawful spouses, subject to issues of good faith, property settlement, wills, and other applicable rules.

Children’s inheritance rights depend on their legal status. Legitimate and illegitimate children have different successional rights under Philippine law.

If the validity of a marriage affects succession, a declaration of nullity may become crucial in estate proceedings.

XXVI. Effect on Surnames and Civil Status

If a marriage is declared void, the spouse who used the other spouse’s surname may need to adjust records depending on the judgment and civil registry procedures.

Civil status records may also need annotation. A court decision alone may not automatically update every government record; registration and annotation with the appropriate civil registry and PSA process may be necessary.

XXVII. Administrative and Employment Consequences

A bigamous or void marriage may affect government employment, benefits, insurance, pension claims, immigration applications, military or police records, and professional licenses.

For public officers, moral character or administrative liability may arise in certain circumstances.

For private employment, consequences depend on company policy, representations made, and benefits claimed.

XXVIII. Church Marriage and Civil Marriage

In the Philippines, a church wedding may also have civil effects if it complied with legal requirements.

A church annulment or declaration of nullity does not automatically dissolve the civil marriage.

Conversely, a civil declaration of nullity affects legal status under Philippine law but may not necessarily resolve religious status under church rules.

A person who wants to remarry legally must satisfy civil law requirements, not merely religious procedures.

XXIX. Muslim Marriages and Special Rules

Muslim marriages may be governed by special laws, including the Code of Muslim Personal Laws, depending on the parties and circumstances.

Issues of divorce, polygamy, capacity, and registration may differ in Muslim personal law contexts.

A person dealing with a Muslim marriage, conversion, or mixed marriage should be especially careful because the applicable legal framework may differ from ordinary Family Code rules.

XXX. Practical Scenarios

Scenario 1: Prior girlfriend and child, no marriage

A husband had a child with a former girlfriend before marrying his current wife. He was never married to the former girlfriend.

Result: The current marriage is not void on that ground alone.

Scenario 2: Prior wife, no annulment

A husband married Wife A in 2010, separated from her, then married Wife B in 2020.

Result: The marriage to Wife B is generally void because the first marriage still existed.

Scenario 3: Prior void marriage, no court declaration

A woman’s first marriage may have been void due to psychological incapacity. She remarried without obtaining a declaration of nullity.

Result: The later marriage may be legally vulnerable. A court declaration should have been obtained before remarriage.

Scenario 4: Former spouse presumed dead, no court declaration

A man’s wife disappeared for many years. He assumed she was dead and remarried without a judicial declaration of presumptive death.

Result: The later marriage may be void or legally defective.

Scenario 5: Foreign divorce

A Filipina was married to a foreigner. The foreigner obtained divorce abroad. She remarried in the Philippines without recognition of the foreign divorce.

Result: Legal complications may arise. Recognition of foreign divorce is generally necessary before safe remarriage.

Scenario 6: Concealed children

A wife learns after marriage that her husband has three children from a prior relationship, but he was never married to the children’s mother.

Result: The marriage is not void merely because of the concealed children. Other remedies may depend on fraud, support obligations, psychological incapacity, or related facts.

XXXI. Procedure for Declaration of Nullity

A petition for declaration of nullity is generally filed in the proper Family Court.

The petition should allege the facts showing why the marriage is void. The Office of the Solicitor General or public prosecutor may participate to prevent collusion. Evidence must be presented. The court then decides whether the marriage is void.

If the court grants the petition, the decision must become final. The final judgment must be registered and annotated with the civil registry and PSA as required.

A party should not treat the case as complete merely because the judge orally granted relief. Finality, registration, and annotation matter.

XXXII. Who May File?

Generally, parties to the marriage may file the petition. In some situations involving property, succession, or after death, other interested parties may become involved depending on the nature of the case and the applicable procedural rules.

Void marriage issues can also arise in estate proceedings, property disputes, criminal cases, administrative proceedings, and civil registry matters.

XXXIII. Time Limits

Actions involving void marriages generally differ from annulment cases.

A void marriage is considered inexistent from the beginning, so actions for declaration of nullity are generally not treated the same way as annulment actions with strict prescriptive periods.

However, related claims may have time limits, including damages, criminal prosecution, property claims, support arrears, or annulment based on fraud. Delay can also create evidentiary problems.

XXXIV. Effect of Death of a Spouse

The death of a spouse can complicate the matter.

If a spouse dies before a declaration of nullity is obtained, questions may arise in relation to inheritance, property, insurance, pension, and legitimacy of children.

A void marriage may still be attacked in certain proceedings where its validity is relevant, but procedural rules matter.

Estate disputes often involve questions such as: Who is the surviving spouse? Who are the compulsory heirs? Which children are legitimate or illegitimate? What property belongs to the estate?

XXXV. Public Documents to Check

A person investigating whether a spouse had a prior existing marriage may check or obtain:

PSA Certificate of Marriage;
Certificate of No Marriage Record or Advisory on Marriages;
Local civil registry records;
Court decisions and certificates of finality;
Annotated marriage certificates;
Birth certificates of children;
Foreign marriage, divorce, or death records;
Immigration or embassy records, where applicable.

Official records are much stronger than rumors or social media evidence.

XXXVI. Role of PSA Records

PSA records are important but not always perfect.

A marriage may exist even if it is difficult to find immediately in PSA records, especially if there were registration errors, foreign marriages, delayed registration, misspelled names, or local civil registry issues.

Likewise, the absence of a PSA record does not always conclusively prove that no marriage occurred.

A lawyer may need to examine local records, church records, court records, and foreign documents.

XXXVII. Prior Children and Support Obligations

If a spouse has children from a prior relationship, that spouse may have a continuing legal obligation to support those children.

This support obligation does not make the later marriage void. However, it may affect finances, family expectations, and property planning.

A current spouse cannot lawfully demand that the other spouse abandon prior children. Parents remain legally and morally responsible for their children.

XXXVIII. Prior Children and Property Disputes

Prior children may later affect inheritance and property disputes.

If a spouse dies, children from prior relationships may be heirs. This can surprise the current spouse, especially if the children were concealed.

For this reason, estate planning, truthful disclosure, and proper documentation are important.

XXXIX. The Legal Importance of Marriage Certificates

In cases involving alleged bigamy or void subsequent marriage, marriage certificates are central.

The first marriage certificate proves the prior marriage. The second marriage certificate proves the subsequent marriage.

The party alleging nullity must also address whether the prior marriage was terminated, annulled, declared void, or dissolved in a legally recognized manner before the second marriage.

XL. Defenses and Complications

Possible issues or defenses may include:

The alleged first marriage was never validly celebrated;
The person named in the first marriage record is not the same person;
The first marriage certificate is fraudulent;
The first marriage had already been annulled or declared void;
The first spouse had been declared presumptively dead;
A foreign divorce had been recognized;
The second marriage lacked an essential requisite for a separate reason;
The complaining spouse knew of the prior marriage;
The prosecution or petitioner lacks sufficient proof.

Each case is fact-specific.

XLI. Difference Between Civil Nullity and Criminal Bigamy

A civil declaration of nullity determines the status of the marriage.

A criminal bigamy case determines whether a crime was committed.

They are related but not identical. A person may need to defend or pursue both. The timing of cases can also matter.

For example, a declaration that the first marriage was void may affect the criminal case depending on timing and circumstances, but a person should not assume that a later declaration automatically erases criminal exposure.

XLII. Emotional Betrayal Versus Legal Invalidity

Many people understandably feel deceived when they learn that a spouse concealed a prior family. But courts decide legal invalidity based on statutory grounds.

The law does not void a marriage for every lie, betrayal, or painful discovery.

A spouse must identify the proper legal theory:

Bigamous marriage;
Lack of capacity;
Fraud for annulment;
Psychological incapacity;
Violence or abuse remedies;
Support and custody remedies;
Property and succession remedies;
Criminal bigamy;
Civil damages.

The right remedy depends on the facts.

XLIII. Checklist: Is the Marriage Void Because of a Prior Relationship?

Ask these questions:

Was the spouse previously legally married?
Was that prior marriage valid?
Was the prior marriage still existing at the time of the later marriage?
Was there a court declaration of nullity or annulment before the later marriage?
Was there a valid foreign divorce recognized in the Philippines?
Was there a judicial declaration of presumptive death?
Was the prior relationship only a live-in relationship?
Were there children but no marriage?
Did the spouse conceal facts that may amount to fraud?
Is there evidence of psychological incapacity?
Are there children whose support or status must be resolved?
Are there properties acquired during the union?
Is there possible criminal liability for bigamy?

XLIV. Key Takeaways

A spouse’s prior relationship and children do not automatically make a Philippine marriage void.

The marriage is most likely void if the spouse had a prior existing valid marriage at the time of the later marriage.

Children from a previous relationship are legally relevant for support, inheritance, custody, and disclosure issues, but they are not themselves a barrier to marriage.

Concealment of prior children may be morally serious, but it does not automatically create a void marriage. It may support other remedies depending on the facts.

A prior marriage, even if believed to be void, generally requires a judicial declaration before remarriage.

A void marriage still requires court action for practical and legal purposes.

The innocent spouse may have remedies including declaration of nullity, criminal complaint for bigamy, support, custody, property settlement, and damages.

XLV. Conclusion

In the Philippine legal context, the phrase “void marriage because a spouse had a prior relationship and children” must be analyzed carefully. The existence of a former partner or children is not enough. The decisive issue is whether there was a prior legal marriage or another statutory impediment.

A person who had children before marriage may still validly marry. But a person who was already married, and whose first marriage had not been legally terminated or judicially addressed, generally cannot validly contract a second marriage.

The law protects marriage, but it also protects innocent spouses and children from deception, abandonment, and unlawful marital arrangements. The correct remedy depends on the precise facts: prior marriage, court declarations, foreign divorce, presumptive death, fraud, psychological incapacity, property rights, criminal liability, and the welfare of children.