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 vested 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.
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 , present witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of the court process, the next major concern is: can I remarry after annulment in the Philippines?
The short answer is yes, but only after the issuance of the Finality of Judgment. Just receiving a positive decision from the RTC is can i remarry after annulment philippines not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must wait for the period for appeal to expire. Once this happens, the court provides an Certificate of Finality.
Liquidation and Partition: The properties and debts of the former marriage must be divided according to the court order .
Registration: The court decision must be recorded annulment if spouse agrees philippines with the LCR 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 can i remarry after annulment philippines .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who does not annulment if spouse agrees philippines oppose the petition can make the litigation less stressful. A non-adversarial case usually proceeds faster because there are can i remarry after annulment philippines fewer legal hurdles to overcome during the hearings.
However , it is crucial to consult a competent family lawyer who specializes in Philippine matrimonial laws. They will guarantee that the petition is presented in a way that prevents accusations of collusion while effectively demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was void from the beginning. 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.