The process of legal landscape of matrimonial dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines does not have a no-fault divorce law. Instead, couples must undergo an annulment or a declaration of nullity of marriage. A common question asked by many is: what happens during an annulment if the spouse agrees to it ?
Does Agreement Speed Up the Process?
In various jurisdictions, joint consent suffices to terminate a marriage. However, in the Philippines, consent between the parties is strictly not a valid reason for annulment. In fact, if the judge discovers that the couple have colluded to start the case, it is likely to be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the most common ground used . It requires proof that one party was unable of complying with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the completion of the legal process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but strictly following the issuance of the Final Decree . Simply receiving a positive decision can i remarry after annulment philippines from the RTC does not mean you are free.
To legally remarry, you must complete these essential steps:
Finality: You must stay patient for the timeframe for appeal to lapse . Once this happens, the court provides an Certificate of Finality.
Asset Distribution: The properties and debts of the former marriage must be divided according to the legal ruling.
Registration: The court decision must be recorded with the LCR where the marriage took place and with the Philippine Statistics Authority .
Failure to record these papers means can i remarry after annulment philippines your PSA marriage record still showing as "Married." Consequently , any subsequent marriage would be deemed void.
Practical Advice for Couples
While "agreement" should not be the reason annulment if spouse agrees philippines for the case, having spouse who does not oppose the petition can make the litigation less stressful. A annulment if spouse agrees philippines non-adversarial case usually proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is can i remarry after annulment philippines vital to hire a skilled family lawyer who understands local matrimonial laws. They will ensure that the evidence is structured in a way that avoids charges of collusion while clearly proving the incapacity.
Summary
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual intent . It needs a solid court process to prove that the marriage was void from the beginning. Once the court journey is finished and all administrative tasks are complete , you will be able to remarry and start a fresh chapter of your life with full legal peace of mind.