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 my spouse agrees in the Philippines?
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 discovers that the couple have colluded to start the case, it is likely to 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 though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
Psychological Incapacity: This is the frequent ground cited. It requires proof that one spouse was unable of complying with basic marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the finalization can i remarry after annulment philippines of the court process, the subsequent major concern is: am I free to marry again?
The short answer is yes, but only after the issuance of the Finality of Judgment. Simply receiving a favorable decision from the RTC is not enough .
To successfully remarry, you must follow annulment if spouse agrees philippines these essential steps:
Entry of Judgment: You must wait for can i remarry after annulment philippines the timeframe for challenging the case to lapse . Once this happens, the court issues an Entry of Judgment .
Asset Distribution: The assets and debts 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 PSA.
Failure to register these papers results in your PSA marriage record still reflecting as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, having spouse who chooses not to contest annulment if spouse agrees philippines the petition may make the process smoother . An uncontested case often moves faster because there are fewer counter-arguments to address during the trial .
However , it is important to consult a competent legal expert who specializes in Philippine matrimonial laws. They will guarantee that the petition is structured in a way that prevents charges of collusion while clearly demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines demands more than just shared desire. It needs a rigorous legal strategy to establish that annulment if spouse agrees philippines the marriage was invalid from the beginning. After the legal journey is finished and all registrations are complete , you can remarry and begin a fresh chapter of your life with total legal peace of mind.