Understanding the legal landscape of marriage dissolution in the Philippines can be challenging . Unlike most nations, the Philippines strictly prohibits a simple divorce law. Instead, spouses 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.
This is known as "collusion." Under the Family Code , the State has a strong interest in preserving the institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
The Role of Article 36: This is the frequent ground cited. It needs evidence that one party was unable of complying with essential marital obligations at the time of the wedding.
The Trial Process: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of annulment if spouse agrees philippines the court process, the next major concern is: can I remarry after annulment in the Philippines?
The short answer is can i remarry after annulment philippines yes, but only after the release of the Finality of Judgment. Just receiving a positive decision from the Regional Trial Court is not enough .
To legally remarry, you must follow these mandatory steps:
Finality: You must wait for the period for appeal to expire. Once this happens, the court provides an Entry of Judgment .
Liquidation and Partition: The properties and liabilities of the former marriage must be settled according to the court order .
Registration: The nullity decree must be recorded with the Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be deemed bigamous .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, having a spouse who chooses not to contest the annulment if spouse agrees philippines petition may make the process smoother . An non-adversarial case often moves faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent family lawyer who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that prevents charges of collusion while effectively demonstrating the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just mutual desire. It requires a rigorous court process to prove that the marriage was invalid from the can i remarry after annulment philippines start . After the court journey is finished and all registrations are done, you will be able to remarry and start a fresh chapter of your life with annulment if spouse agrees philippines total legal certainty .