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  1. 24 Μαρ 2021 · In order for Salve to move on and remarry, she has to undergo first a specific legal procedure in the Family Code. This is called a petition for the declaration of presumptive death of the absentee spouse. Skipping this legal process is courting legal problems that will appear in the future.

  2. 18 Ιαν 2024 · Answer: When someone’s spouse has been missing for a significant period and the surviving spouse might want to remarry, they can file a petition for the declaration of presumptive death under Article 41 of the Family Code. The Family Code of the Philippines says: Art. 41.

  3. 23 Φεβ 2009 · Presumption of Death should not be used as a work around to be to remarry, as the law provides that if an affidavit of reappearance is recorded, the presumption of death is automatically terminated. If the presumption of death is terminated; any remarriage is immediately voided.

  4. 18 Νοε 2006 · . The Family Codeclearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy.

  5. Under Article 41 of the Family Code of the Philippines, if a spouse has been absent for four (4) consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead, he or she can file a summary proceeding to have the absent spouse declared presumptively dead, in order to remarry.

  6. 28 Αυγ 2024 · In the Philippines, cohabitation, or living together without marriage, does not automatically prevent a person from marrying a new partner. However, it is essential to understand the legal context surrounding marriage, separation, and prior relationships under Philippine law.

  7. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.

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