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, 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 in the Philippines?
Does Agreement Speed Up the Process?
In various jurisdictions, joint consent suffices to terminate a marriage. However, in the Philippines, agreement 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 Philippine law, the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a valid legal ground, such as fraud .
Psychological Incapacity: This is the most common ground used . It requires proof that one party was unable of complying with essential marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following can i remarry after annulment philippines the finalization of the court process, the subsequent major concern is: am I free to marry again?
The simple answer is yes, but only after the issuance of the Final Decree . Simply receiving a positive decision from the RTC does not mean you are free.
To successfully remarry, you must complete these essential steps:
Entry of Judgment: You must stay patient for the timeframe for challenging the case to lapse . Once this happens, the court issues an Entry of Judgment .
Asset Distribution: The assets can i remarry after annulment philippines and liabilities of the previous marriage must be settled according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where can i remarry after annulment philippines the marriage took place and with the PSA.
Neglecting to can i remarry after annulment philippines register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be can i remarry after annulment philippines deemed illegal .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who chooses not to oppose the petition can make the litigation smoother . A non-adversarial case usually proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital to hire a skilled legal expert who understands local matrimonial laws. They will guarantee that the evidence is structured in a way that 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 over and all registrations are done, you can remarry and begin a new chapter of your life with total legal certainty .