The process of legal landscape of matrimonial dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines does not have a no-fault divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A common question asked by many is: what happens during an annulment if my spouse agrees in the Philippines?
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 if your spouse agrees , the plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground cited. It needs evidence that one spouse was incapable of fulfilling 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 subsequent 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 Regional Trial Court is not enough .
To legally remarry, you must complete can i remarry after annulment philippines these mandatory steps:
Finality: You must stay patient 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 with the LCR where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means your PSA marriage record still annulment if spouse agrees philippines showing as "Married." Therefore, any subsequent marriage would be deemed void.
Tips for a Smoother Process
While "agreement" should not be the reason for the case, having spouse who does not oppose the filing can make the litigation annulment if spouse agrees philippines less stressful. A uncontested case usually proceeds faster because there are fewer legal hurdles to address during the can i remarry after annulment philippines trial .
Nevertheless, it is important to hire a competent legal expert who understands Philippine matrimonial laws. They will guarantee that the evidence is presented in a way that can i remarry after annulment philippines prevents accusations of collusion while clearly 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 invalid from the start . After the legal battle is finished and all registrations are done, you can remarry and begin a new chapter of your life with total legal certainty .