Short answer. The Family Code's answer is severe: no. Article 53 allows either former spouse to marry again only after compliance with the requirements of Article 52 — recording of the judgment, the partition and distribution of properties, and the delivery of the children's presumptive legitimes — otherwise, the subsequent marriage shall be null and void.

What the law 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.

Family Code, Article 53 — Remarriage After Compliance. Read the full provision →

What Article 53 actually says

The provision is one sentence: 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. The immediately preceding Article is Article 52, which requires the judgment of annulment or of absolute nullity, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes to be recorded in the appropriate civil registry and registries of property. Winning the annulment case, in other words, is not the finish line. The recording is what unlocks the capacity to remarry.

Why the law attaches so much to paperwork

The recording requirements protect people who were not parties to your annulment: a future spouse checking the civil registry, creditors and buyers dealing with property that once belonged to the dissolved marriage, and above all the children, whose presumptive legitimes — their advance share in the parents' property — must be delivered and recorded before either parent starts a new family. By making remarriage wait until those interests are documented, the Code prevents a second marriage from being built on an unliquidated first one. The sanction of nullity is what gives the requirement teeth.

What this means if you have already remarried

If the marriage was celebrated without the Article 52 recordings having been made, Article 53 describes that marriage as null and void — and a void marriage under the Family Code generally produces consequences for property relations and for the status of the parties that differ sharply from those of a valid one. Whether your particular situation falls within the rule, and what can still be done about it, depends on facts a lawyer must examine: what exactly was recorded, where, and when, measured against the date of the second marriage ceremony. Do not assume either validity or nullity from memory of the paperwork.

The practical sequence for anyone about to remarry

For a reader who has an annulment decision in hand and has not yet remarried, the order of operations matters more than anything on this page. Secure the certificate of finality; have the judgment recorded in the civil registry where the first marriage was registered; complete and record the partition and distribution of the properties in the registries of property where land is registered; deliver and record the children's presumptive legitimes. Only then apply for a marriage licence. Each step generates a document — keep them together, because the validity of the next marriage rests on being able to show that every one of them happened first.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.