The process of legal landscape of marriage 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 finds that the couple have colluded to file the case, it can be dismissed immediately.
This is known as "collusion." Under the Family Code , the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
Psychological Incapacity: 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.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the completion of the legal can i remarry after annulment philippines process, the next 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 from the RTC does not mean you are free.
To legally remarry, you must complete these annulment if spouse agrees philippines essential steps:
Finality: You must stay patient for the period for appeal to expire. Once this happens, the court annulment if spouse agrees philippines provides an Entry of Judgment .
Liquidation and Partition: The properties and liabilities of the former marriage must be settled according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where the marriage took place and with the PSA.
Failure to register these papers results in your PSA marriage record still reflecting as "Married." Therefore, any new marriage would be considered bigamous .
Tips for a Smoother Process
While "agreement" cannot be the reason for the case, having a spouse who does not oppose the filing can make the litigation less stressful. A non-adversarial case usually proceeds faster because there are no legal hurdles to overcome during the hearings.
Nevertheless, it is crucial to consult a can i remarry after annulment philippines skilled 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 legal grounds .
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just shared desire. It requires a rigorous legal strategy to establish that the marriage was void from the start . After the legal battle is over and all administrative tasks are done, you can remarry and begin a new phase of your life with full annulment if spouse agrees philippines legal peace of mind.