This article explains when and how a person becomes legally free to remarry after a Philippine court grants a decree of annulment (voidable marriage) or a declaration of absolute nullity (void marriage), including mandatory post-judgment steps, documents, and common pitfalls.

1) Core concepts and legal bases

Two different outcomes, same remarriage rule:
- Annulment (voidable marriage): the marriage was valid until annulled.
- Declaration of nullity (void ab initio): the marriage was never valid. Either way, you may remarry only after: (a) the judgment is final; and (b) the judgment and required instruments are properly recorded in the civil registry and, when applicable, in property registries.
Key Family Code provisions (high level):
- Art. 40: Even a void marriage requires a prior judicial declaration of nullity before remarriage.
- Arts. 50 & 52: After annulment/nullity, liquidation of property, delivery of presumptive legitimes, custody/support adjudications (if any), and recording of the judgment and instruments are required.
- Art. 53: A subsequent marriage is void if the required judgment/instruments are not recorded as mandated.
- Related rules: Art. 41–43 (special case: presumptive death and effects on subsequent marriage), Arts. 35–38, 45–46 (void/voidable grounds), Arts. 88–92, 96–103, 129–130 (property rules and liquidation).

2) Who may remarry after the case?

You may remarry only if you were a party to the case and these are satisfied:

Finality: The court decision has an Entry of Judgment/Certificate of Finality and is no longer appealable.
Compliance with Articles 50–52 (if applicable to your case):
- Liquidate the absolute community/conjugal partnership (or confirm there was none).
- Adjudicate custody and support of common children (if relevant).
- Deliver the children’s presumptive legitimes (again, if relevant—this is an accounting/segregation step, not cash in hand by the kids).
- Record the judgment and the above instruments with the Local Civil Registry (LCR) where the marriage was recorded and the Philippine Statistics Authority (PSA); record property instruments with the Registry of Deeds when real property is involved.
Civil registry annotation issued: Your PSA marriage record is annotated to reflect the decree (and you can secure an annotated PSA copy).

No cooling-off or waiting period exists in the Family Code once those conditions are met. The obstacle is non-compliance or non-recording—not the passage of time.

3) Why recording and liquidation matter (and how they affect remarriage)

Recording is a condition for validity of your next marriage. Even with a final court decree, a second marriage contracted before the judgment and instruments are recorded is void by statute (Art. 53).
Property liquidation prevents overlap. Divorce is not available under general Philippine law; the Family Code instead forces liquidation of the first marriage’s property regime before you build a new one. This protects creditors and children and avoids mixing estates.
If liquidation isn’t done, expect repercussions:
- Subsequent marriage may be void for failure to record the required instruments (Art. 53).
- Even if you push through, property issues in the new union can default to protective rules that are often unfavorable.

4) Practical checklist before applying for a new marriage license

When you go to the LCR for a new marriage license, expect to be asked for most or all of the following (exact lists vary by LCR):

Court Decision and Decree (if a separate decree of nullity/annulment was issued).
Certificate of Finality / Entry of Judgment from the court.
Proof of compliance with Arts. 50–52, as applicable:
- Liquidation papers (inventory, project of partition, deed of partition/assignment, approval/order).
- Delivery of presumptive legitimes (often documented in the partition or a separate deed/acknowledgment).
- Order on custody/support of common children (if relevant).
- Registry receipts or certifications showing recording with the LCR/PSA and, for real property, Registry of Deeds.
PSA-issued Annotated Marriage Certificate (showing the decree and details).
PSA CENOMAR/CENOMAR-like certificate (some LCRs still require this; post-annotation it will reflect your status).
Valid IDs, photos, and standard marriage-license requirements (seminar/pre-marriage counseling, etc.).
If marrying a foreign national: that person’s Certificate of Legal Capacity to Contract Marriage (or equivalent, per that country’s rules).

Tip: Bring both originals and photocopies. Local practices differ; some LCRs keep certified photocopies.

5) Timing and “bigamy” risk

Remarrying too early can be a crime. Contracting a new marriage before the first is lawfully ended and properly recorded can expose you to bigamy liability under the Revised Penal Code—even if you believed the first was void ab initio or you already won but finality/recording isn’t done yet.
Safe rule: Do not schedule a wedding or sign a new marriage license application until you have:
- Certificate of Finality, Decree, and annotated PSA record, plus proof of required recordings under Arts. 50–52.

6) Special/edge scenarios often confused with “annulment”

Void marriage (e.g., psychological incapacity, lack of license, incestuous/public-policy bars, etc.): You still need a judicial declaration (Art. 40) and the Art. 50–52 recordings before remarriage.
Presumptive death (Art. 41): If you obtained a judicial declaration that your spouse is presumptively dead and you remarried, your subsequent marriage terminates if the first spouse reappears and you recohabit. The law also spells out property and good-faith effects (Art. 43).
Foreign divorce involving a foreign spouse (Art. 26, par. 2, Civil Code): Not an annulment—but commonly asked. A Filipino may remarry after a Philippine court recognizes the foreign divorce that validly capacitated the foreign spouse to remarry (judicial recognition is required before you remarry or get a license).
Church (canonical) annulment: Not a civil annulment. It has no civil effect on status or remarriage unless followed by a civil case that leads to a final decree and recording.

7) Effects on children, surnames, and property going forward

Children of a voidable marriage annulled by final judgment remain legitimate if conceived/born before the judgment.
Children of void marriages are generally illegitimate, except where the Family Code expressly preserves legitimacy (notably for psychological incapacity cases—children conceived/born before the judgment are treated as legitimate under the Code’s legitimacy rules).
Surnames: After annulment/nullity, a woman may revert to her maiden name. Upon remarriage, naming rules follow the usual Civil Code/Family Code conventions (optional husband’s surname, etc.).
Property regime in the new marriage: By default, Absolute Community of Property applies unless you execute a prenuptial agreement. However, if you did not complete liquidation/recording from the prior marriage, protective rules and Art. 53 can jeopardize the validity of the new marriage itself—so finish liquidation and recording first.

For prenuptial agreements (marriage settlements), sign before the civil wedding and record them with the LCR; if they affect real property, also record with the Registry of Deeds.

8) Frequently asked practical questions

Q1: I already have a final judgment. Can I apply for a marriage license now? A: Only if your judgment and required instruments have been recorded (Arts. 50–52) and your PSA record is annotated. The license-issuing LCR will look for those.

Q2: Our prior marriage had no property at all. Do we still need liquidation papers? A: Usually you’ll provide a statement or court-approved inventory confirming there is nothing to liquidate, plus the recording of the judgment. LCRs still require proof that Art. 50–52 were addressed.

Q3: My ex won’t cooperate in liquidation. A: Liquidation is a court-supervised process. Your counsel can seek court approval of a project of partition or other remedies so the court can issue the orders you need to record.

Q4: The PSA annotation is taking time. Can I use certified court copies to marry? A: In practice, LCRs require the PSA-annotated record or LCR certifications showing that the required recordings were accomplished. Proceeding without them risks voiding the next marriage under Art. 53.

Q5: Do I need a new CENOMAR? A: Many LCRs ask for it. After annotation, it will reflect your capacity. Bring it if requested.

9) Step-by-step roadmap (summary)

Win the case (annulment/nullity) → get Decision/Decree.
Wait for Entry of Judgment / Certificate of Finality.
Complete Art. 50–52 compliance: liquidation, children’s matters, instruments.
Record the decision and instruments with LCR/PSA (and Registry of Deeds for real property).
Secure PSA-annotated marriage certificate (and other proofs of recording).
Gather standard marriage-license requirements; apply at the LCR.
Remarry in accordance with ordinary formal requisites.

10) Short legal-risk checklist

□ Final judgment obtained
□ Liquidation/custody/support addressed (if applicable)
□ Instruments approved by court
□ All recordings completed (LCR/PSA; ROD if real property)
□ PSA annotations released and on hand
□ New marriage license requirements complete

Final note

Local Civil Registrars and courts may differ in document formatting and checklist details, but the legal essentials never change: finality + Article 50–52 compliance + proper recording. If any of those are missing, do not contract a new marriage yet. For tailored guidance and document prep, consult counsel with your case number, orders, and draft liquidation papers.