There are two kinds of bigamous marriages namely:
1. The void bigamous marriage, which is contracted by a person during the subsitence of his or her previous marriage. Here, the good faith of the party who marries again is immaterial; the second marriage would still be void.
On the other hand, the person who marries again in bad faith is even criminally liable for bigamy; and
2. The voidable bigamous marriage, which is contracted by a person whose spouse has been absent for four consecutive years or two years, said person having well-founded belief that his or her spouse was already dead, and after having the latter judicially declared presumptively dead in a summary proceeding as provided by law
For not criminally liable at the second paragraph. The present spouse must first ask for a declaration of presumptive of death of the absent spouse in order not to be guilty of bigammy in case he or she marries again.
1 comments:
Ok. That seems clear enough except for one detail...
Apparently, the first kind (void bigamous marriage) is divided into two: those done in good faith, and those done in bad faith. No question about the latter.
My question is: what circumstances would fall under void bigamous marriages 'done in good faith'?
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