Understanding the legal framework of marriage dissolution in the Philippines can be challenging . Unlike most nations, the Philippines strictly prohibits a simple divorce law. Instead, spouses must apply for 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 ?
The Myth of Mutual Consent
In many jurisdictions, mutual consent is enough 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 can 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 if your spouse agrees , the petitioner must still prove a valid legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground used . It requires proof that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the finalization of the court process, the subsequent major concern is: can I remarry after annulment in the Philippines?
The short answer is yes, but can i remarry after annulment philippines only after the issuance 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 annulment if spouse agrees philippines for challenging the case to expire. Once this happens, annulment if spouse agrees philippines the court provides an Entry of Judgment .
Liquidation and Partition: The properties and liabilities of the former marriage must can i remarry after annulment philippines be settled according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where the marriage was celebrated and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Therefore, any new marriage would be considered bigamous .
Tips for a Smoother Process
Although "agreement" cannot be the basis for the case, having a spouse who does not contest the filing may make the process less stressful. An uncontested case often moves faster because there are fewer counter-arguments to address during the trial .
However , it is important to hire a competent legal expert who understands Philippine matrimonial laws. They will guarantee that the evidence is structured in a way that prevents accusations of collusion while clearly proving the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It needs a rigorous legal strategy to establish that the marriage was annulment if spouse agrees philippines void from the start . After the legal battle is over and all administrative tasks are complete , you can remarry and begin a new phase of your life with full legal peace of mind.