2. Validity of Marriages Celebrated Abroad

2. Validity of Marriages Celebrated Abroad

• Grounds available to have marriages celebrated abroad declared null and void in the Philippines;
• Relevance of the nationality of the parties in relation to the available grounds for declaration of nullity of mixed marriages in the Philippines

Validity of the marriage if it is a mixed marriage where the Filipino is 18 years old but the foreigner is below 17 years of age

The marriage is not recognized as valid in the Philippines if either party was below 18 at the time of its celebration, even if the foreign party’s national law permits marriage at that age (Family Code, Arts. 26(1) and 35(1)).

Marriages between Filipinos solemnized abroad in accordance with the law in force in said country

GR: Marriages between Filipinos solemnized outside the Philippines in accordance with the law of the foreign country where it is celebrated, if valid there, shall be valid here as such.

Exception: It shall be void, even if it is valid in the foreign country where the marriage was celebrated, if any of the following circumstances are present:

• Lack of legal capacity even with parental consent (e.g. party is below 18);
• Incestuous;
• Contracted through Mistake of one party as to the identity of the other;
• Contracted following the annulment or declaration of nullity of a previous marriage but Before partition, etc.;
• Bigamous or polygamous marriages, except a subsequent marriage contracted in compliance with Art. 41 FC;
• Void due to Psychological incapacity;
• Void for reasons of Public policy.