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 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 can be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in protecting the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a valid legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground used . It requires evidence that one spouse was incapable of fulfilling with basic 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.
The Question of Remarriage:
Once 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 release of the Finality of Judgment. Just receiving a favorable decision from the Regional Trial Court is not enough .
To successfully remarry, you must annulment if spouse agrees philippines follow these mandatory steps:
Entry of Judgment: You must wait for the timeframe for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Asset Distribution: The assets and liabilities of the previous marriage must be settled according to the legal ruling.
Updating Records: The court decision must be registered with the LCR where the marriage was celebrated and with the can i remarry after annulment philippines Philippine Statistics Authority .
Failure to record these papers means your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be considered void.
Tips for a Smoother Process
While "agreement" should not be the reason for can i remarry after annulment philippines the case, having spouse who does not oppose the petition can make the litigation smoother . A non-adversarial case can i remarry after annulment philippines usually proceeds faster because there are no legal hurdles can i remarry after annulment philippines to overcome during the hearings.
Nevertheless, it is crucial to consult a skilled family lawyer who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that prevents charges of collusion while effectively demonstrating the legal grounds .
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just mutual desire. It requires a rigorous legal strategy to prove that the marriage was invalid from the start . After the legal battle is over and all administrative tasks are done, you can remarry and begin a new phase of your life with full legal peace of mind.