Understanding the legal landscape of marriage dissolution in the Philippines can be overwhelming. Unlike most nations, the Philippines strictly prohibits 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 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 the spouse is willing, the petitioner must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the frequent ground cited. It requires proof that one party was unable of complying with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
After the completion of the legal process, the subsequent 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 essential steps:
Finality: You must stay patient for the period for appeal to lapse . 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 nullity decree must be recorded with the Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be deemed bigamous .
Practical Advice for Couples
Although "agreement" cannot be annulment if spouse agrees philippines the basis for the case, having a spouse who chooses not to 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 can i remarry after annulment philippines competent legal expert who understands local matrimonial laws. They will guarantee that the evidence is structured in a way that avoids accusations of collusion while clearly proving the incapacity.
Summary
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual intent . It needs a solid court process to prove that the marriage was void from the beginning. annulment if spouse agrees philippines Once the court journey is finished and all registrations are complete , you will be able to remarry and start a fresh chapter of your life annulment if spouse agrees philippines with annulment if spouse agrees philippines total legal certainty .