Understanding the legal landscape of marriage dissolution in the Philippines is often overwhelming. 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 husband and wife is not a legal ground for annulment. In fact, if the court suspects that the spouses have agreed to file the case, it will 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 though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the frequent ground cited. It needs evidence that one spouse was incapable of complying with essential marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of the court process, the subsequent major concern is: am I free to marry again?
The short answer is yes, but annulment if spouse agrees philippines only after the issuance of the Finality of Judgment. Just receiving a positive decision from the RTC is not enough .
To legally remarry, you must complete these annulment if spouse agrees philippines mandatory steps:
Finality: You must stay patient for the period for appeal to expire. 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 can i remarry after annulment philippines the court order .
Registration: The court decision must be recorded with the Local Civil Registry where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who does not oppose the petition can make the litigation less stressful. A non-adversarial case usually annulment if spouse agrees philippines proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is 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 accusations of collusion while clearly proving the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines demands more than just shared intent . It needs a solid legal strategy to establish that the marriage was void from the beginning. Once the legal battle is over and all administrative tasks are complete , you can remarry and begin a new phase of your life can i remarry after annulment philippines with full legal peace of mind.