Remarriage after Declaration of Absolute Nullity of Marriage
1.
Can the spouses, whose marriage were declared
NULL, remarry again?
YES. Provided that they comply with the
following requirements:
a. The partition and distribution of properties of the
spouses are recorded in the appropriate civil registry
b.
The delivery of the children’s presumptive legitime is recorded in
the appropriate civil registry
2.
What is the effect if the decree of annulment is
not recorded?
The subsequent marriage of either of the former
spouse will be null and void.
3.
What is the effect of the null and void
subsequent marriage to the children?
The children of the spouses will remain
legitimate.
4.
Can a spouse remarry if the other spouse has
been absent?
Yes. Provided that the souse had been
absent for 4 consecutive years and there is a well-founded belief that the
absent spouse was already dead; or incase of disappearance where there is
danger of death, absence of consecutive 2 years will suffice.
5.
What are the examples of psychological
incapacity?
a.
The husband/ wife refuses to have sex with the
spouse.
b.
The husband/ wife refuses to dwell with and
subsequently leaves the husband without fault on the part of the latter.
c.
The wife refuses to have children.
d.
There is unbearable jealousy on the part of
either party, hence, making the common life of the parties unbearable.
e.
Immaturity or where the husband refuses to
support the family.
f.
There is consistent lying and paranoid jealousy.
g.
The husband/ wife cannot shoulder the
responsibility of being a parent.
6.
Is Sexual infidelity constitute psychological
incapacity?
Sexual infidelity per se does not constitute
psychological incapacity. It must be shown that the unfaithfulness of the other
spouse is a manifestation of a disordered personality which makes him/ her
completely unable to discharge the essential obligations of the marital state.
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