Registering declaration of nullity of marriage
"Last 2005, I filed a case in court for the declaration of nullity of my first marriage with my first wife. Excited about the good news that a court decision was handed down by the court granting my petition, I immediately contracted another marriage. However, I just learned lately from a friend that my second marriage is null and void because I did not register the decision of the court declaring my first marriage null and void. What is the truth about this?
Your friend is correct that your second marriage is null and void. It is not enough that you obtained a decision from the court declaring your first marriage null and void as there are requirements set by law before you may enter into another marriage. One of which is the registration of the decision of the court in the Local Civil Register. Failure to perform these requirements shall render the subsequent marriage null and void.The requirements mentioned are particularly provided under Article 52 of the Family Code of the Philippines, to wit:
“Art. 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.”Failure to comply with the above provision shall invalidate any subsequent marriage the parties may contract as provided under Article 53 of the Family Code of the Philippines, which states as follows:
“Art. 53. 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.”Thus, it is clear that if you failed to register the decision of the court declaring your marriage null and void and subsequently you contracted another marriage the same is null and void.Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to guide you with our opinion on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org."
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"Registering declaration of nullity of marriage"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021