The process of legal framework 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: can I get 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 start the case, it will be dismissed immediately.
This is known as "collusion." Under the Family Code , the government has a strong interest in preserving the institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the most common ground used . It requires proof that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and complete a psychological evaluation .
The Question of Remarriage:
Once the completion of the court process, the subsequent major priority is: am I free to marry again?
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 follow these mandatory steps:
Entry of Judgment: You must wait for the period for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Liquidation and Partition: 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 Philippine Statistics Authority .
Failure to record these papers means your PSA marriage can i remarry after annulment philippines record still showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the basis for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . An non-adversarial case often moves faster because there are no counter-arguments to address during the hearings.
However , it is important to consult a competent legal expert who specializes in Philippine matrimonial laws. They will guarantee that the evidence is presented can i remarry after annulment philippines 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 can i remarry after annulment philippines more than just shared intent . It needs a solid legal strategy to establish that the marriage was void can i remarry after annulment philippines from the beginning. Once the court journey is over and all administrative tasks are complete , you will annulment if spouse agrees philippines be able to remarry and start a fresh phase of your life with full legal peace of mind.