Please don't be confused my dear.
Mere separation by the parties when the separation is without the declaration by the court does not entitle any of the spouses to subsequently contract marriage with a different partner.
The length of time by which the spouses were separated-in-fact or the reality that the spouses mutually gave consent to the second marriage of the other does not matter in the eyes of the law. The prevailing jurisprudence is that the parties are not allowed to judge by themselves whether or not they are still married to each other. They have to go to court and ask that their marriage be annulled, or declared void, or that a decree of legal separation be issued depending on the pieces of evidence presented by the parties.
Pati po yung paggawa ninyo ng kasulatan na pinayagan kang mag-asawa ulit ay bawal na kasunduan at ang sabi pa po ng Korte Suprema, walang matinong abogado na gagawa at pipirma o nonotaryuhan ang ganyang kasunduan.
God bless po.
Last edited by rchrd on Tue Jul 26, 2011 12:27 pm; edited 1 time in total (Reason for editing : grammar check)