Article 4 of the Family Code: Missing or defective requirements
Status: In force
What does Article 4 say?
The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
What does it mean in plain language?
Article 4 of the Family Code says what happens when a marriage requirement is missing or flawed. If an essential or formal requisite is absent, the marriage is void from the beginning, with one exception. If an essential requisite is only defective, the marriage is voidable. If a formal requisite is merely irregular, the marriage stays valid, but the persons responsible can be held liable.
How does it work in real life?
Lorna and Paul: no license at all
Lorna and Paul have a church wedding but never applied for a marriage license, and their case is not one of the exemptions in the Code. A formal requisite is absent, so under Article 4 and Article 35(3) the marriage is void from the beginning.
Tess: consent obtained by fraud
Tess married Rommel because of a fraud of the kind listed in the Family Code. Her consent was given, but it was defective. Under Article 4 and Article 45(3), the marriage is voidable: it remains valid unless a court annuls it.
Jaime and Rose: a license released too early
Jaime and Rose needed a marriage counseling certificate but did not attach it, and the license was still issued within the three months. Under Article 16, the officer who issued it may face administrative sanctions, but their marriage is not invalid for this reason.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The full list of void marriages is in Article 35; the grounds for annulment are in Article 45.
- For marriages without a license, see is a marriage without a license valid?
- For the meaning of the two results, see void marriage and voidable marriage.
- For annulment grounds explained in plain language, see grounds for annulment.
What does Article 4 say?
The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
What are the requisites Article 4 talks about?
| Kind | What they are | Where |
|---|---|---|
| Essential | Legal capacity of the contracting parties, who must be a male and a female; consent freely given in the presence of the solemnizing officer | Article 2 |
| Formal | Authority of the solemnizing officer; a valid marriage license, except in the cases the Code exempts; a marriage ceremony with the parties personally declaring before the officer, and at least two witnesses of legal age, that they take each other as husband and wife | Article 3 |
What are the three possible results?
| Problem | Effect | Example from the Code |
|---|---|---|
| A requisite is absent | Void ab initio (void from the beginning) | A marriage solemnized without a license, outside the exempt cases (Article 35(3)) |
| An essential requisite is defective | Voidable: valid until annulled by a court | Consent obtained by fraud, or by force, intimidation or undue influence (Article 45(3) and (4)) |
| A formal requisite is irregular | Still valid; those responsible are civilly, criminally and administratively liable | A license issued during a period when its issuance was suspended (Article 16) |
What is the exception in Article 35(2)?
A marriage solemnized by a person not legally authorized to perform marriages is void, unless either or both parties believed in good faith that the solemnizing officer had the legal authority to do so. In that case the missing authority does not make the marriage void.
What is an example of a flaw that does not affect validity?
Article 16 gives one example. When marriage counseling is required and the certificate is not attached, the issuance of the license is suspended for three months from the completion of the publication. If the license is issued within that period anyway, the issuing officer faces administrative sanctions, but the validity of the marriage is not affected.
Frequently asked questions
What happens if a marriage requirement is missing?
Under Article 4 of the Family Code, the absence of any essential or formal requisite makes the marriage void ab initio (void from the beginning). The one exception is Article 35(2): a marriage performed by a person without authority stays valid if either or both parties believed in good faith that the officer had authority.
What is the difference between an absent and a defective requisite?
An absent requisite is not there at all, and the marriage is void. A defect in an essential requisite, such as consent obtained by fraud or force, makes the marriage voidable as provided in Article 45: it is valid until a court annuls it.
Is a marriage invalid because of a small irregularity?
No. Article 4 says an irregularity in the formal requisites does not affect the validity of the marriage. But the party or parties responsible for the irregularity are civilly, criminally and administratively liable.
What are the essential and formal requisites?
The essential requisites (Article 2) are the legal capacity of the parties, who must be a male and a female, and consent freely given before the solemnizing officer. The formal requisites (Article 3) are the authority of the solemnizing officer, a valid marriage license except where the Code exempts it, and a marriage ceremony.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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