Short answer. No. Winning the case is not the last step. You may marry again only after complying with the requirements of Article 52 — recording the judgment, the partition and distribution of property, and the delivery of the children's presumptive legitimes. A marriage contracted before then is 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 →

The penalty falls on the new marriage

The sanction here is unusually blunt. The article does not say the second marriage is irregular or voidable; it says it shall be null and void. Nobody has to complain and no case has to be filed for that to be true — the defect exists from the ceremony, and it can surface years later when it is least welcome, in a dispute over property, benefits, or the status of children. This is why the gap between a favourable decision and a valid remarriage deserves more care than it usually gets.

What compliance means

Article 52 names three things: the judgment itself, the partition and distribution of the spouses' properties, and the delivery of the children's presumptive legitimes, all recorded in the civil registry and the registries of property. Compliance means all of them, not the first alone. Many people hold a final decision, have never divided anything because there was a dispute or simply no urgency, and assume they are free to marry. On the wording of the article they are not, and the copy of the decision in their hand does not show it.

Where the delay usually comes from

The step that stalls is almost always the property one, because it requires the former spouses to agree or the court to resolve what they could not. Where there are children, the delivery of their presumptive legitimes has to be dealt with as well, and that is a substantive entitlement rather than a formality. A couple with nothing to divide still has to see the recording through. Until the entries exist, the position is the same as if the case had not been completed.

Ask for the annotated documents before you set a date

What you want in hand is documentary proof that the recording actually happened: the civil registry record carrying the annotation, and the titles annotated with the partition. Ask your counsel for copies rather than confirmation, and check that each item the article names is covered. If any part of the property or the children's legitimes is still unresolved, that is the thing to finish first — it is far cheaper than defending the validity of a second marriage afterwards.

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.