Advisory on Marriages (AOM) Requirements: Options If You Are Separated Without Annulment (Philippine Context)

This article explains what a PSA “Advisory on Marriages” (AOM) is, why institutions ask for it, how to obtain it, what it will (and won’t) show if you’re separated but not annulled, and the lawful routes available to change your civil status or remarry. It is written for general guidance and does not replace advice from counsel on your specific facts.

1) What the AOM Is—and Why It Matters

What it is. The Philippine Statistics Authority (PSA) issues an Advisory on Marriages (AOM)—a consolidated civil registry report that lists all marriages recorded in the PSA database for a person. If no marriage is on file, PSA instead issues a CENOMAR (Certificate of No Marriage Record).

What it shows.

Your name and identifiers (as recorded).
Each marriage on file: date, place, spouse, registry reference.
Annotations, if any, when a court decree (annulment, declaration of nullity, recognition of foreign divorce) or a spouse’s death certificate has been properly transmitted and encoded.

Why agencies ask for it. For marriage license applications, immigration, visa processing, employment, banking, estate proceedings, rectification/changes in civil registry entries, and family law cases, parties often need proof of marital history rather than a mere assertion of status.

Key limitation. The AOM does not decide your status; it merely reflects what is on record. If you are separated in fact but no court decree or death registration exists, your AOM will still show you as married.

2) If You Are Separated Without Annulment: What Your AOM Will Look Like

De facto separation (living apart, no case filed): AOM lists the existing marriage with no “void/annulled” annotation.
Legal separation decree (Art. 55, Family Code): AOM still lists you as married; legal separation does not permit remarriage.
Pending annulment/nullity case: Until a final decree is issued and annotated, AOM remains married.
Foreign divorce obtained by a non-Filipino spouse (or by a Filipino whose spouse was a non-Filipino at the time of divorce): AOM remains “married” until a Philippine court recognizes the foreign judgment and PSA annotates the marriage.
Spouse deceased: AOM may still show the marriage, but your status for purposes of remarriage changes only once a PSA death certificate of the spouse is registered and, ideally, cross-referenced.

Practical effect: Without an annotation (court decree or spouse’s death), you generally cannot be issued a marriage license; contracting a second marriage risks bigamy (Art. 349, Revised Penal Code).

3) How to Obtain an AOM

Where to request.

PSA Civil Registry System (CRS) outlets (walk-in).
Authorized partner centers (subject to current PSA guidance).
PSA online ordering portals for delivery.

Typical requirements.

Valid government-issued ID (original; photocopy for representative).
Duly accomplished request form or online details: full name (and maiden name), sex, birth details, parents’ names, and known marriage details (date/place/spouse) if any.
Authorization letter and ID copies if a representative will claim the document.
Purpose of the request (e.g., “for court filing,” “for visa,” “for marriage license”).

Processing notes.

Provide all name variants and prior surnames to catch multiple records.
If you have court decrees or a spouse’s death certificate, bring copies; while PSA cannot annotate on the spot, staff may advise on submission/verification paths.

4) What You Can—and Cannot—Do While Still Married in the Records

You can:

Live separately (de facto), but this does not dissolve the marriage.
Seek legal separation, which regulates property and duties but does not allow remarriage.
File cases for support, custody, VAWC protection, or criminal complaints as applicable.
Transact on your exclusive property and enforce rights subject to the property regime.

You cannot (without an annotation of a decree or spouse’s death):

Remarry or apply for a marriage license as single/widowed.
Declare yourself “single” in sworn forms; that may constitute perjury or falsification.
Avoid bigamy liability by using a CENOMAR obtained through misspelling/omission; the AOM/CENOMAR reflects only recorded data, and misrepresentation creates separate criminal/civil exposure.

5) Lawful Pathways to Change Your Marital Status (and How the AOM Updates)

The AOM updates only when the underlying civil status change is lawfully adjudicated or recorded and the final documents reach PSA for annotation.

A) Declaration of Nullity or Annulment of Marriage

Nullity (void from the beginning): e.g., psychological incapacity (Art. 36), bigamous marriage, absence of a marriage license (with limited exceptions), incestuous/void marriages.
Annulment (voidable): e.g., lack of parental consent (under 18–21, now historical), vitiated consent, insanity, impotence, STD at time of marriage.
Process: Family Court petition → decision → Entry of Judgment → transmittal to Local Civil Registrar (LCR) and PSA for annotation.
AOM result: The marriage entry receives a notation (e.g., “void/annulled per Decision…”) once encoded.

B) Legal Separation

Effect: Persons remain married; no remarriage. Governs property separation, custody, support, and succession disqualification.
AOM result: Still shows the marriage; the decree may be annotated but does not permit remarriage.

C) Judicial Recognition of Foreign Divorce

When available: If either spouse was a foreign national at the time the foreign divorce was obtained (or became a foreigner before divorce and obtained it thereafter), a Filipino spouse may petition a Philippine court to recognize that foreign judgment.
Process: File petition to recognize the foreign divorce; present the foreign judgment and proof of foreign law and nationality; obtain decision and Entry of Judgment; cause annotation with LCR and PSA.
AOM result: The marriage entry is annotated to reflect the recognized divorce, enabling remarriage in the Philippines.

D) Presumptive Death (Article 41, Family Code)

When available: Spouse has been absent for at least four (4) years (or two (2) years if the circumstances of disappearance involve danger of death, e.g., shipwreck, war), and the present spouse has a well-founded belief that the absent spouse is dead.
Process: Summary petition before the Family Court for a Declaration of Presumptive Death; upon finality and annotation, the present spouse may contract a subsequent marriage.
Caveat: If the absent spouse reappears and proves continuity of life, the subsequent marriage may be affected as provided by law.
AOM result: The original marriage remains on the AOM but is annotated to reflect the judicial declaration enabling remarriage.

E) Death of the Spouse

Effect: The marriage is dissolved by death.
AOM result: The marriage remains listed but agencies will consider the PSA death certificate (and eventually cross-annotation) to treat the survivor as widowed.

F) Special Case: Muslim Filipinos (Code of Muslim Personal Laws)

Recognized forms of dissolution of marriage (e.g., talaq, khulʿ, faskh) are processed through Shari’a Courts with registration and transmission to PSA.
AOM result: Upon proper registration and PSA encoding, the marriage entry carries the relevant annotation.

6) Making the Record Match Reality: Annotations & Corrections

Annotation workflow (typical).

Obtain certified true copies of the decision/judgment and Entry of Judgment (or death certificate).
File with the Local Civil Registrar where the marriage was registered (and any other concerned LCR).
Ensure transmittal to PSA; follow up for encoding.
Request a fresh AOM after annotation is expected to reflect.

Clerical errors vs. substantial changes.

Minor typographical errors may be correctible via RA 9048/10172 (administrative).
Changes that affect status, legitimacy, nationality, or filiation generally require court action.

7) How the AOM Is Used in Common Scenarios

Applying for a marriage license:
- If your AOM shows a subsisting marriage without an annotation enabling remarriage, the Local Civil Registrar will typically deny the application.
Visa/immigration:
- Consulates frequently require AOM/CENOMAR to verify marital history; discrepancies, aliases, or multiple records may trigger scrutiny.
Property and estate:
- AOM helps determine property regimes, heirs, and the need for spousal consent or proof of separation of property.

8) Risks of “Working Around” the Record

Bigamy if you marry again while still married on record and without a valid legal basis.
Perjury/falsification in sworn forms (e.g., declaring “single” or “widowed” without basis).
Void second marriage and collateral consequences (property, custody, immigration).

9) Practical Checklists

Requesting Your AOM

Prepare a valid ID (and representative’s ID + authorization if applicable).
List possible name variants and prior surnames.
Provide known marriage details (date, place, spouse).
State the purpose (license, court, visa, etc.).
Keep receipts/acknowledgments for reference numbers.

After a Court Decree or Spouse’s Death

Secure certified copies and Entry of Judgment (for court decrees).
File for annotation with the LCR and ensure PSA transmittal.
Request a new AOM once encoding is expected to reflect.
For remarriage, bring the annotated AOM (or death certificate) to the LCR.

10) Choosing a Legal Route If You’re Separated

Goal: remarry → Consider nullity/annulment, recognition of foreign divorce (if applicable), or presumptive death (narrow circumstances).
Goal: regulate obligations without dissolving marriage → Legal separation.
Goal: safety, support, custody → Protection orders/VAWC, support/custody actions; these can proceed irrespective of annulment.

Consult counsel to evaluate grounds, evidence (e.g., psychological incapacity requires expert proof), timelines, and costs; strategy differs markedly among these routes.

11) Frequently Asked Questions

Q: Can I ask PSA to “delete” my marriage from the AOM because we’ve been separated for years? A: No. PSA reflects registered facts. Only a final court decree (properly annotated) or a registered death changes the legal landscape for remarriage.

Q: My foreign spouse divorced me abroad; I’m Filipino. Can I remarry here? A: You must first obtain a Philippine court recognition of that foreign divorce, then have it annotated with PSA. After that, you may remarry.

Q: I got a CENOMAR even though I was married—does that make me “single”? A: No. A CENOMAR showing “no record” can occur due to name mismatch or database gaps. Your actual status depends on law and records; relying on a mistaken CENOMAR can expose you to liability.

Q: Will a legal separation update my AOM so I can marry again? A: No. Legal separation does not permit remarriage and does not convert your status to single.

12) Key Takeaways

An AOM is a mirror of PSA’s records—not a status-changing instrument.
If you are separated without annulment, your AOM will still show a subsisting marriage.
Only a final and annotated court decree (nullity/annulment, recognition of foreign divorce, presumptive death) or a registered death permits remarriage.
Attempting to remarry without curing the record risks bigamy and void marriage consequences.
Keep your civil registry entries accurate and annotated; agencies and courts rely on what the AOM and related PSA documents say.

If you are navigating any of the routes above, consult a Philippine family-law practitioner to assess grounds, evidence, timelines, and to coordinate annotations with the LCR and PSA.