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 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 end a marriage. However, in the Philippines, agreement between the parties is strictly not a valid reason for annulment. In fact, if the judge finds that the couple have colluded to file the case, it can be thrown out immediately.
The law calls this "collusion." Under the Philippine law, 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 lack of parental consent.
The Role of Article 36: This is the frequent ground cited. It needs evidence that one party was unable of complying with essential marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
After the completion of annulment if spouse agrees philippines 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 annulment if spouse agrees philippines . Simply receiving a positive decision from the RTC does not mean you are free.
To legally remarry, you annulment if spouse agrees philippines must complete 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 liabilities of the former marriage must be settled 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 PSA marriage record still reflecting as "Married." Therefore, any new marriage would be considered bigamous .
Tips for a Smoother Process
Although "agreement" cannot be the reason for the case, having a spouse who does not oppose the filing can make the process less stressful. A uncontested case usually proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital to hire a skilled family lawyer who specializes in local matrimonial laws. They will ensure that the can i remarry after annulment philippines petition is presented in a way that avoids charges of collusion while effectively demonstrating the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a rigorous court process to prove that the marriage was invalid from the start . After the legal journey is finished and all registrations are done, you can annulment if spouse agrees philippines remarry and begin a new chapter of your life with total legal certainty .