Calling It Quits Through A Notarized Document

The husband and wife may decide to call it quits because a spark of romance no longer ignites their relationship. Sometimes, married couples stay together because of their children. When the time comes that they cannot stand each other, separation is the only option worth-exploring. By separation means being physically separated without going through any judicial process. After a long period of physical separation, both parties may decide to find somebody new and start all over again.

The common misconception of separated husband and wife is that long separation automatically nullifies marriage. This is not true at all. Even if you have separated for more than 10 years, it does not deny the fact that your marriage is still valid. Death and judicial process are the options that can declare your marriage null and void.

Preparing and notarizing a document that declare both parties free to marry other individuals may be an alternative to the judicial process that married couples need to undergo. The document is also a proof that they will not file charges of concubinage or adultery against each other. Are these documents enough to nullify marriage or allow both parties to remarry?

Illegal, Immoral, Void

Since 1933, the Supreme Court has ruled that these documents are considered illegal, immoral and void. This rule has been in existence for 83 years. If ever judges, lawyers and notaries-public have prepared and signed this kind of document, they will be reprimanded by the Court. Penalties such as suspension or disbarment will be imposed. Unfortunately, these practices still exist.

These documents will not vindicate both parties in the event they commit a crime of adultery or concubinage. According to Article 221, Civil code, "any contract for personal separation between husband and wife and every extra judicial agreement, during the marriage, for the dissolution of the conjugal partnership" will be considered void by the law to preserve the institutions of the family and marriage. Even a notarized document will be not be considered as a way of facilitating the disintegration of a marriage nor will it encourage the separation of spouses.

For anyone who may attempt to use a notarized document for the belief that it is enough to remarry someone just because it has been notarized by a lawyer or a judge, you need to think again. You can run from the law, but you can never hide. Since the process involved in filing for nullity of marriage is long and expensive, an attempt to reconcile is still deemed necessary.

Pinoy Attorney

Written by : Pinoy Attorney