Can I Remarry After an Annulment or Legal Separation?
Quick answer
Yes after an annulment or a declaration of nullity, but only when the judgment is final and has been recorded, together with the property partition and the children's presumptive legitimes (Articles 52 and 53 of the Family Code). A marriage before that step is void. After legal separation, no: the spouses live apart but stay married, so a new marriage can be bigamy.
When exactly can you remarry after an annulment or nullity?
Two things must happen first.
1. A final court judgment. For a void marriage, you cannot simply decide for yourself that it was void. Article 40 says:
The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
2. Recording. Under Article 52, the judgment, the partition and distribution of the spouses' property and the delivery of the children's presumptive legitimes must be recorded in the proper civil registry and registries of property. Article 53 then says:
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.
Article 35 confirms this: its list of void marriages includes "Those subsequent marriages that are void under Article 53."
What happens if you remarry too early?
Two things can go wrong.
- The new marriage is void. Article 53 says so directly when the recording requirements were not met.
- You may face a bigamy case. Article 349 of the Revised Penal Code punishes:
any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.
The penalty is prision mayor, which Article 27 of the Revised Penal Code sets at six years and one day to twelve years. For defenses and how courts decide bigamy cases, see Bigamy in the Philippines.
Can you remarry after legal separation?
No. Legal separation does not end the marriage. Article 63 lists the effects of the decree, starting with:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
So a spouse who is legally separated is still married. Contracting another marriage while the first one exists is exactly what Article 349 punishes. A decree of legal separation is not one of the ways the Family Code lets a married person remarry. The rules for nullity and annulment are above; a foreign divorce in a marriage with a foreigner (Article 26) and a missing spouse (Article 41) have their own rules, explained below. See Annulment vs nullity vs legal separation.
What about a divorce obtained abroad?
The Family Code has a narrow rule for mixed marriages. The second paragraph of Article 26 says that where a Filipino married a foreigner and a divorce is validly obtained abroad "capacitating him or her to remarry", the Filipino spouse can also remarry under Philippine law.
In Republic v. Manalo (2018), the Supreme Court said this also covers a divorce that the Filipino spouse obtained. But the divorce is not automatic in the Philippines: the person must prove the divorce as a fact and the foreign law that allowed it, before a Philippine court. Manalo itself was sent back to the trial court to receive evidence of the Japanese divorce law. See Is a foreign divorce valid in the Philippines?
What if your spouse has been missing for years?
That is a different rule. Article 41 allows a new marriage only after a period of absence, a well-founded belief that the absent spouse is dead, and a court declaration of presumptive death. See Can I remarry if my spouse is missing?
Is a church annulment enough?
No. Civil status changes only through a final judgment of a civil court, recorded as Articles 52 and 53 require. See Is a church annulment valid?
How does this work in real life?
These are made-up examples to show how the rule works. They are not advice for any real case.
Paolo's annulment became final in March. He books a wedding for April, but the judgment, the property partition and his children's presumptive legitimes have not yet been recorded. Under Article 53, an April wedding before the recording would be void.
Queenie obtained a decree of legal separation. She meets someone new and wants to marry. She cannot: legal separation did not end her first marriage (Article 63), and a second marriage could expose her to a bigamy case (Article 349).
Rina, a Filipina, married a Japanese man, and she herself obtained a divorce in Japan. Under Manalo she can ask a Philippine court to recognize the divorce, but she must prove the divorce and the Japanese law on divorce. Only after recognition does Article 26 give her capacity to remarry.
What documents change after the case?
Article 52 requires the judgment to be recorded in the civil registry. We did not read the PSA procedure or fees that follow, so this page does not describe them. For copies of records, see the PSA marriage certificate and CENOMAR guides. If you want to go back to your maiden name in your passport, the passport renewal guide lists an annotated PSA marriage certificate among the documents.
When do you need a lawyer?
Talk to a lawyer before you set a wedding date if you had an earlier marriage, a pending case, a legal separation or a foreign divorce. The lawyer can check that the judgment is final, that it was recorded as the law requires, and whether a foreign divorce needs to be recognized first. A mistake here can make the new marriage void and lead to a criminal case.
If you cannot afford a lawyer, see Free legal help in the Philippines.
Which provisions does this answer rest on?
- Article 35, Family CodeMarriages void from the beginning
- Article 40, Family CodeCourt declaration needed before remarriage
- Article 52, Family CodeRecording the judgment and the partition
- Article 53, Family CodeWhen former spouses may remarry
- Article 54, Family CodeChildren conceived before the judgment are legitimate
- Article 63, Family CodeEffects of legal separation
- Article 26, Family CodeMarriages and divorce abroad
- Article 41, Family CodeRemarriage when a spouse is missing
- Article 349, Revised Penal CodeBigamy
Which Supreme Court rulings are relevant?
Frequently asked questions
Can I remarry right after the judge grants my annulment?
Not right away. The judgment must first become final, and the judgment, the property partition and the children's presumptive legitimes must be recorded in the civil registry and registries of property. Article 53 says a marriage before that is void.
Can I remarry after legal separation?
No. Article 63 says the spouses may live apart but the marriage bond is not severed. A new marriage while the first one exists can be bigamy under Article 349 of the Revised Penal Code.
My first marriage was void from the start. Do I still need a court case?
Yes, to remarry. Article 40 says the nullity of a previous marriage may be invoked for remarriage only on the basis of a final judgment declaring it void.
Are children of my new marriage legitimate?
Yes, if the new marriage follows Article 53. Article 54 says children conceived or born of a subsequent marriage under Article 53 are legitimate.
What if I divorced my foreign spouse abroad?
Under the second paragraph of Article 26, the Filipino spouse may remarry if a valid foreign divorce is recognized. Republic v. Manalo (2018) says this applies even if the Filipino filed the divorce, but the divorce and the foreign law must be proven in a Philippine court.
What is the penalty for bigamy?
Article 349 of the Revised Penal Code sets the penalty of prision mayor. Article 27 says prision mayor lasts from six years and one day to twelve years.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?