Article 53 of the Family Code: When former spouses may remarry
Status: In force
What does Article 53 say?
Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
What does it mean in plain language?
Article 53 says a former spouse may marry again only after the requirements of Article 52 are complied with. Article 52 requires that the judgment of annulment or nullity, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes be recorded in the civil registry and registries of property. A new marriage before that is null and void.
Winning the case is not enough. Even after the judgment is final, the records must be in order before either former spouse may marry again.
The rule works together with Article 40, which says the nullity of a previous marriage may be invoked for remarriage only on the basis of a final judgment declaring it void, and with Article 35(6), which lists a subsequent marriage void under Article 53 among the void marriages.
How does it work in real life?
Rachel: a wedding planned too soon
Rachel's annulment became final in March. She plans to marry Dennis in May. The judgment, the partition of her and her former husband's properties and the delivery of their son's presumptive legitimes have not yet been recorded. Under Article 53, a marriage to Dennis before that recording would be null and void.
Victor: records completed first
Victor waited until his annulment judgment, the property partition and the delivery of his daughters' presumptive legitimes were recorded in the civil registry and the registry of property. After that, he married again. His new marriage meets Article 53. Children born of it are legitimate under Article 54.
Cora: legally separated
Cora obtained a decree of legal separation. She and her husband live apart, and their property was divided. She wants to marry a new partner. Article 53 does not help her: under Article 63(1), the marriage bonds are not severed, so she is still married.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The recording covers more than the judgment: it includes the partition and distribution of the properties and the delivery of the children's presumptive legitimes (Article 52).
- A PSA record can show whether a marriage is registered under your name. The site's guides explain how to request a CENOMAR or a PSA marriage certificate. This page does not describe the PSA annotation procedure or its fee.
- For a marriage declared void, Article 40 still requires a final judgment before remarriage.
- Children conceived or born before the judgment becomes final, in an annulment or an Article 36 case, are legitimate (Article 54).
- For the full picture, including foreign divorce and bigamy, see can I remarry after an annulment? and bigamy in the Philippines.
When can former spouses marry again?
Article 53 is short:
Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
The "immediately preceding Article" is Article 52:
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
So, in order:
- The court issues a judgment of annulment or of absolute nullity, and it becomes final.
- In an annulment, or a nullity case under Article 40, the judgment also settles the property, custody, support and the children's presumptive legitimes (Article 50).
- The judgment, the partition and distribution of the properties and the delivery of the presumptive legitimes are recorded in the appropriate civil registry and registries of property (Article 52).
- Only then may either former spouse marry again (Article 53).
What happens to a marriage made too early?
It is void. Article 53 says so directly, and Article 35(6) repeats it in the list of marriages void from the beginning:
(6) Those subsequent marriages that are void under Article 53.
A void marriage was never valid. It does not matter that the couple had a wedding and signed a marriage contract.
There is one protection for children: Article 54 says children conceived or born of the subsequent marriage under Article 53 are legitimate.
Does Article 53 apply after legal separation?
No. Article 53 speaks of "former spouses", people whose marriage was annulled or declared void. After legal separation, the spouses are still married:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
Because the marriage bond is not severed, neither spouse may marry someone else.
Frequently asked questions
Can I remarry as soon as the annulment judgment is final?
Not yet. Article 53 allows remarriage only after the requirements of Article 52 are met: the judgment, the partition and distribution of the spouses' properties and the delivery of the children's presumptive legitimes must be recorded in the civil registry and registries of property.
What happens if I remarry before the recording?
Article 53 says the new marriage is null and void. Article 35(6) lists these subsequent marriages among the marriages that are void from the beginning.
Are children of the new marriage legitimate if it follows Article 53?
Yes. Article 54 says children conceived or born of the subsequent marriage under Article 53 are legitimate.
Does Article 53 apply after a legal separation?
No. Legal separation does not end the marriage. Article 63(1) says the spouses may live separately but the marriage bonds are not severed, so neither spouse may marry again.
Does Article 53 apply to a void marriage declared under Article 36?
Article 53 refers to the requirements of Article 52, and Article 52 speaks of the judgment of annulment or of absolute nullity of the marriage. Article 40 also says the nullity of a previous marriage may be invoked for remarriage only on the basis of a final judgment declaring it void. Which property steps apply in a given nullity case is a question for a lawyer.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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