Requisites of a Valid Marriage

What are the essential requisites of a valid marriage? (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. [1] What are the formal requisites of marriage? (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in the Family Code; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age [2] What is the effect of the absence of any of the essential or formal requisites? It shall render the marriage void ab initio [3], except those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. [4] What is the effect of a defect in any of the essential requisites? It shall render the marriage voidable [5], and it shall be a ground for annulment of marriage. What is the effect of irregularity in any of the formal requisites? It shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. [6] [1] Art. 2, Family Code [2] Art. 3, Family Code [3] Art. 4, 1st par, Family Code [4] Art. 35 (2), Family Code [5] Art. 4, 2nd par, Family Code [6] Art. 4, 3rd par, Family Code

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