Remarriage After Declaration of Nullity in the Philippines
All There Is to Know

1. Introduction

In Philippine law, marriage is a social institution that enjoys the protection of the State. Because of the strong policy favoring the permanence and sanctity of marriage, ending a marital bond in the Philippines can be legally complex. One recognized procedure, however, is the declaration of nullity of a void marriage. When a marriage is declared void from the beginning, the natural question for either party is whether—and under what conditions—they can remarry. This article provides a comprehensive overview of remarriage after a declaration of nullity, grounded in Philippine law and jurisprudence.

2. Declaration of Nullity vs. Annulment: Clarifying the Terminology

Before delving into the rules on remarriage, it is essential to distinguish between two frequently interchanged concepts under Philippine law:

Declaration of Nullity of Void Marriage
- A “void” marriage is one that is considered nonexistent or invalid from the very start.
- Common grounds for a void marriage include lack of a valid marriage license, psychological incapacity under Article 36 of the Family Code, incestuous marriages, bigamous or polygamous marriages, and marriages against public policy.
- When a court issues a Declaration of Nullity, it is effectively stating that the marriage never legally existed.
Annulment of Voidable Marriage
- An “annullable” or “voidable” marriage is valid until it is annulled.
- Grounds for an annulment (under Articles 45 and 46 of the Family Code) typically include lack of parental consent if one party was 18–21 at the time of marriage, fraud, force, intimidation, undue influence, impotence, and sexually transmissible disease.
- Until a court issues an Annulment decree, the marriage remains valid.

Although the procedures and grounds differ, both a declaration of nullity and an annulment ultimately allow the parties to end their marital bond. Once the court’s decision becomes final, either spouse is free to remarry—subject to specific legal formalities that must be satisfied to avoid any risk of bigamy or other legal complications.

3. Legal Basis for Remarriage After Nullity

The main legal framework for marriage in the Philippines is the Family Code of the Philippines (Executive Order No. 209, as amended). Key provisions relevant to remarriage include:

Article 40: Requires a valid judicial declaration of nullity of a previous marriage before one can contract a subsequent marriage.
Article 52: Mandates that the final judgment declaring a marriage void, and the partition and distribution of properties of the spouses (including custody and support of children), must be recorded in the appropriate civil registries.

Under these provisions, a person whose marriage is declared void (or annulled) must secure a final and executory judgment of nullity from the court. Thereafter, they must annotate this decree on the marriage certificate and other pertinent records. Only upon compliance with these requirements will the parties be assured of the legal capacity to remarry.

4. Requirements Before Remarriage

Final and Executory Decision
- After the trial court issues a decision declaring the marriage void, the Office of the Solicitor General or the public prosecutor (acting as counsel for the State) may file a motion for reconsideration or an appeal if there are grounds to do so.
- If no appeal is taken—or if the appellate court affirms the declaration—the decision becomes final and executory.
- A Certificate of Finality is then issued by the court.
Annotation of the Nullity Decree
- The final decision must be recorded in the Local Civil Registry (LCR) where the marriage was registered and in the Philippine Statistics Authority (PSA).
- The parties should ensure that the marriage certificate on file with the PSA is annotated with the court decree declaring the marriage void.
- This annotation process is crucial to prevent complications arising from unupdated civil registry records.
Proper Registration of Property Settlement and Orders
- Under Articles 50, 51, and 52 of the Family Code, the liquidation, partition, and distribution of the property of the spouses—along with child custody and support arrangements—must be recorded in the appropriate registries as well.
- Any subsequent marriage can be jeopardized if these steps are not properly complied with (e.g., potential bigamy charges or disputes over property rights).

Once these steps are completed, the person is deemed legally capacitated to contract a new marriage. Failure to comply, particularly with the requirement of a judicial declaration of nullity or the annotation of such declaration, may result in the next marriage being considered bigamous—and thus criminally punishable under Article 349 of the Revised Penal Code.

5. Effects on Children and Property

Children Born in a Void Marriage
- Under Article 54 of the Family Code, children conceived or born before the judgment of nullity is issued are generally considered legitimate if the marriage is declared void under Article 36 (psychological incapacity).
- In other void marriages (e.g., bigamous marriages), the legitimacy of children may be affected, so it is important to understand the specific ground for nullity to determine the children’s status.
- Regardless of legitimacy, the Family Code ensures that children have the right to support and inheritance, subject to limitations set by law.
Property Relations
- If the marriage is declared void, property relations generally follow the rules on co-ownership for the period the parties acted as husband and wife, unless another property regime was agreed upon or provided by law.
- A proper inventory, liquidation, and partition of properties must be conducted to avoid future property disputes.

6. Consequences of Failing to Secure a Judicial Declaration Before Remarriage

If a person remarries without first securing a final and executory judicial declaration of nullity—or without properly annotating the PSA records—serious legal repercussions can follow:

Bigamy: Contracting a second marriage without the first being legally deemed void or terminated can subject the offending spouse to criminal liability.
Invalidation of the Subsequent Marriage: The second marriage may itself be declared void.
Inheritance Complications: Future questions may arise regarding inheritance rights and legitimacy of children, leading to further litigation.

7. Typical Steps in Securing the Right to Remarry

Consult a Lawyer: Seek legal assistance to verify that your case meets any of the grounds for declaration of nullity and to prepare the petition.
File the Petition: The petition is filed before the appropriate Regional Trial Court (Family Court).
Court Proceedings: The Office of the Solicitor General (or public prosecutor) will represent the State to ensure no collusion between the parties and that the requirements of the law are met.
Decision: Once the court finds grounds for nullity, a decree declaring the marriage void is issued.
Finality of Judgment: After the lapse of the period for appeal or upon affirmance by higher courts, the decision becomes final and executory.
Annotation: The decree is registered with the Local Civil Registry and the PSA.
Obtain Certificate of Finality and Annotated Documents: Present these if and when you intend to marry again.

8. Ecclesiastical (Church) Annulment vs. Civil Nullity

In a predominantly Catholic country like the Philippines, a religious (or canonical) annulment is sometimes pursued alongside or after a civil nullity case. Important points:

A church annulment does not have civil effects by itself.
To legally remarry in the eyes of the State, one must secure a civil judgment of nullity, regardless of ecclesiastical declarations.

9. Practical Tips and Reminders

Keep All Official Documents: Court orders, the Certificate of Finality, and the annotated marriage certificate are crucial if you plan to remarry.
Verify PSA Records: Double-check that the annotation appears on your old marriage certificate on file with the PSA.
Observe Waiting Periods: While not explicitly stated as a “waiting period” for a void marriage, the time it takes to annotate the judgment effectively imposes a de facto waiting period.
Seek Legal Counsel: Always consult a qualified attorney to avoid procedural missteps.

10. Conclusion

Remarriage after a declaration of nullity of a void marriage in the Philippines involves more than just receiving the court’s judgment. The decision must be final and executory, properly annotated with the civil registries, and all property, child custody, and support issues must be settled and recorded. A failure to observe these procedures could invalidate the new marriage and even expose a party to criminal liability for bigamy.

Given the legal complexities, anyone intending to remarry after a declaration of nullity is advised to work closely with legal counsel and ensure that all statutory and procedural requirements are strictly followed. By doing so, one can enter into a new marriage fully compliant with Philippine law and without the worry of future legal complications.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. For specific concerns regarding remarriage after a declaration of nullity, it is prudent to consult a licensed Philippine attorney.