Practice question
Two legally capacitated adults marry with freely given consent and a proper ceremony, but no marriage license exists and no statutory license exemption applies. What is the consequence of that absence?
- It is always only a harmless irregularity
- The marriage is void ab initio for absence of the required license
- The marriage is merely voidable only at the officer’s choice
- The reception validates the marriage
- The marriage becomes valid after a month
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/5/95173 — Family Code, Articles 2–5, 35(2), 35(3) and 45
- https://lawphil.net/judjuris/juri2025/apr2025/gr_267998_2025.html — Maliwat-Melad v. Melad, G.R. No. 267998, April 23, 2025, main opinion
Answer this question in flashcards to review your response and continue practicing.