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.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the institution of marriage. Therefore, even though your spouse agrees , the petitioner must still prove a valid legal ground, such as psychological incapacity .
The Role of Article 36: This is the most common ground used . It requires proof that one party was unable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the completion of the court process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but only after the issuance of the Final Decree . Just receiving a positive decision from the Regional Trial Court is not enough .
To legally remarry, can i remarry after annulment philippines you must follow these mandatory steps:
Finality: You must wait for the period for challenging the case to can i remarry after annulment philippines expire. Once this happens, the court issues an Entry of Judgment annulment if spouse agrees philippines .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according to the legal ruling.
Updating Records: The court decision must be registered with the LCR where the marriage was celebrated and with the Philippine Statistics Authority .
Failure to record these papers means your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be deemed void.
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . An non-adversarial case often proceeds faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent legal expert who specializes in Philippine matrimonial laws. They will guarantee that the evidence is presented in a way that prevents accusations of collusion while clearly demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in annulment if spouse agrees philippines the Philippines requires more than just shared intent . It needs a solid legal strategy to establish that the marriage was void from the beginning. Once the court battle is over and all administrative tasks are complete , you will be able to remarry and start a annulment if spouse agrees philippines fresh chapter of your life with full legal peace of mind.