Legal Consequences of Partner Marrying While in Common-Law Relationship

Below is a comprehensive discussion of the legal consequences in the Philippines when a partner contracts a marriage with someone else while in a common-law (live-in) relationship. Please note that this discussion is for general informational purposes only and should not be construed as legal advice. For specific concerns, it is always best to consult a qualified Philippine attorney.

1. Common-Law Relationships in the Philippines

  1. Definition and Nature

    • Under Philippine law, a “common-law relationship” (or a live-in arrangement) typically refers to a couple living together as husband and wife without a valid marriage.
    • Unlike in certain jurisdictions (e.g., some states in the U.S.) that recognize “common-law marriages,” the Philippines does not grant a cohabiting couple the same legal status and rights as a legally married couple.
    • Therefore, there are no automatic “marital” rights arising solely from cohabitation. Certain laws, however, do regulate matters such as property acquired during cohabitation, child support, and inheritance rights of children.

  2. Legal Implications of “Five-Year Cohabitation”

    • The Family Code provides an exception to the requirement of a marriage license if a man and a woman have lived together as husband and wife for at least five years and have no legal impediment to marry each other. In such a case, they can marry without a marriage license.
    • Note, however, that merely living together for five years does not automatically create a marriage. It only provides a possible exemption from securing a license if they later decide to marry.

2. Bigamy and Criminal Liability

  1. Bigamy in the Revised Penal Code

    • Bigamy is punishable under Article 349 of the Revised Penal Code, which states that a person who contracts a second or subsequent marriage before a prior valid marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by a court, is guilty of bigamy.
    • Essential elements of bigamy include:
      1. An already valid and existing marriage at the time the subsequent marriage is contracted.
      2. The second or subsequent marriage is contracted before the first marriage was dissolved or declared void by final judgment.

  2. Common-Law Relationship Does Not Constitute a Prior Marriage

    • Since a common-law relationship is not recognized as a legal marriage, the partner who marries someone else is typically not committing bigamy by virtue of the live-in arrangement alone.
    • Bigamy charges would apply only if the person already had a valid subsisting (legal) marriage and then contracted another marriage.

  3. Possibility of Other Criminal or Civil Cases

    • In general, the act of marrying another person while cohabiting with someone (where no valid marriage exists between the two cohabitants) does not create a cause of action for bigamy.
    • The offended partner might consider civil suits, but traditional “breach of promise to marry” actions have generally fallen out of favor in Philippine jurisprudence. Philippine courts have reiterated that a promise to marry alone is not enforceable unless coupled with exceptional circumstances (e.g., fraud or a resulting civil liability in tort).
    • If psychological violence, emotional abuse, or economic abuse is involved—especially if the two have a child—there may be potential implications under R.A. 9262 (Anti-Violence Against Women and Their Children Act). However, this depends on the specifics of the situation, and simply entering into a marriage with another person will not, on its own, automatically constitute such violence or abuse.

3. Consequences for Property Relations

  1. No “Absolute Community” or “Conjugal” Regime

    • In a legal marriage, spouses ordinarily become part of an absolute community of property (unless they stipulate otherwise). This regime covers properties acquired during the marriage.
    • In a mere cohabitation (common-law) scenario, there is no automatic conjugal partnership or absolute community regime.

  2. Property Acquired During Cohabitation

    • The Civil Code and relevant jurisprudence hold that, when a man and a woman who are not legally married to each other cohabit and acquire properties, these properties may be subject to certain rules on co-ownership.
    • Article 147 (Family Code): If the parties are not disqualified from marrying (i.e., they have no impediment) and they live together in a common-law relationship, the wages and salaries earned by each partner during cohabitation, and the properties acquired through their joint efforts, are presumed to be owned by them in equal shares, in the absence of proof to the contrary.
    • Article 148 (Family Code): If either or both partners are disqualified from legally marrying each other (e.g., due to a subsisting marriage to another person), only the properties acquired by both of them through their actual joint contribution of money, property, or industry shall be owned by them in proportion to their respective contributions.

  3. Effect of a Partner’s Subsequent Marriage

    • If a partner in a common-law relationship marries someone else, the co-owned properties (if any) acquired during the live-in period can still be subject to partition, per Articles 147 or 148.
    • The new spouse has no direct right over the portion of property that was acquired by the common-law partner and belongs to the other cohabitant, but this can lead to practical complications and disputes if the new spouse attempts to claim or manage properties.

4. Consequences for Children

  1. Illegitimacy vs. Legitimacy

    • Children born of a common-law relationship are considered illegitimate unless their parents subsequently marry and comply with legitimation rules (provided no legal impediment existed at the time of the child’s birth).
    • An illegitimate child, under the Family Code, is entitled to support, successional rights, and certain other rights from the biological father. However, these rights are generally less extensive than those of a legitimate child.

  2. Support and Inheritance

    • Regardless of a parent’s marital status, a child is entitled to financial support. This right cannot be waived and applies whether the child is legitimate or illegitimate.
    • For inheritance, an illegitimate child is generally entitled to half the share of a legitimate child under Philippine succession laws.
    • Should the cohabiting partner marry someone else, that marriage does not extinguish or diminish the partner’s obligation to support his or her child from the common-law relationship.

5. Other Legal and Practical Considerations

  1. No Automatic Nullity of the Common-Law Partnership

    • The act of contracting a valid marriage with a third party effectively ends the cohabiting relationship as a practical matter. However, there is no “legal dissolution” required because there was no recognized marriage to begin with.
    • The common-law partner who is left behind may have to claim any rightful share in property under Article 147 or 148 of the Family Code (depending on circumstances).

  2. Possibility of Annulment or Nullity of the Subsequent Marriage

    • If the partner who marries a third party is actually legally incapacitated to do so (e.g., there is a still-valid marriage from a prior union), that subsequent marriage is either void or voidable, depending on the grounds.
    • This would be a separate legal proceeding (annulment/declaration of nullity) that the new spouse or other interested parties could bring up. However, from the perspective of the common-law partner, if no valid prior marriage existed, no bigamy and typically no nullity issue is triggered by the fact of the live-in arrangement alone.

  3. Psychological and Emotional Consequences

    • Though not a strictly legal factor, the emotional and psychological impact on the partner who remains in the common-law relationship can be significant. In some cases, if the act of suddenly contracting a marriage with another causes forms of abuse, the aggrieved party may explore remedies under R.A. 9262, as noted above. But it requires specific elements of emotional/psychological violence or abuse.

  4. Need for Legal Counsel

    • If a common-law partner is faced with the situation where the other partner marries someone else, it is crucial to consult a lawyer to:
      • Determine any possible property claims.
      • Clarify child support or custody issues for any children of the union.
      • Evaluate whether any criminal or civil remedies are available (though these are generally limited).

6. Key Takeaways

  1. No Bigamy by Common-Law Relationship Alone

    • Bigamy requires a prior valid marriage. Simply cohabiting as common-law partners does not amount to a legal marriage, and thus the subsequent marriage is usually not bigamous on that basis alone.

  2. Property Rights May Still Arise

    • Under Articles 147 and 148 of the Family Code, the cohabiting couple might have co-ownership rights in the properties acquired during their relationship, in certain proportions.

  3. Children’s Rights Are Protected

    • Children from the common-law relationship retain the right to support and inheritance from the biological parent, regardless of whether that parent marries someone else.

  4. No Automatic Matrimonial or Spousal Rights for Cohabiting Partner

    • A common-law partner cannot invoke the same protections and rights as a legal spouse. For instance, there is no automatic claim to “conjugal property,” “spousal support,” or other rights unique to legally married spouses.

  5. Consult a Lawyer for Complex Situations

    • Each situation is different. A lawyer can help navigate property settlements, child custody, and any other remedies that may exist under civil or criminal law.

Disclaimer

This discussion is intended for informational purposes and does not constitute legal advice. Philippine family law and criminal law can be complex, and legal outcomes vary significantly based on the facts of each case. If you or someone you know is affected by a similar situation, it is crucial to consult an attorney who can offer personalized guidance under Philippine law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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