INCESTUOUS MARRIAGE

In Philippines
Last Updated: Sep 7, 2023

I was 19 yo (and now I'm 36 years old) when my relatives decided to fix my marriage to my first cousin so he could bring me abroad (our mothers are siblings). But after years, the plan was changed. And so the years go by. I want to start a new life and I want to marry the man that I really love but I cannot do it because I am still married to my first cousin. My cousin is now living abroad and has no longer visited us since the pandemic and also because of some health reasons. My cousin doesn't have properties here in the Philippines, so we don't have conjugal property. We both want to void our marriage so we can move on in our lives, he is already in his 50s and he doesn't want to remarry anymore because of his age and he wants me to start a new life and marry someone I really love. What do I do? Please help me. I want to remarry this year and I am worrying that he'll get hurt once he finds out about my fixed marriage. Please help me. I cry every time I am thinking about this, hopeless and depressed. My mom & my other tita (my mom's sibling) can be a witness that we are really first-degree cousins. My cousin's mother is also abroad and cannot fly here in the Philippines because of her health reasons, She is 88 yo already and has recently been discharged from the hospital but her doctor didn't give her clearance to travel. Is my marriage really voidable po? How long does it take to complete the whole process? How much po ang magagastos ko?

Lawyer Answers

Atty. Rainier Mamangun

Atty. Rainier Mamangun

Sep 21, 2023

Based on the limited facts you have furnished, your marriage with your first cousin appears to be void. Under the law, marriages between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree are void for reasons of public policy.

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