Navigating the legal framework of matrimonial dissolution in the Philippines can be complex . Unlike most countries , the Philippines lacks a no-fault divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A frequent question posed 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 the parties is strictly not a valid reason for annulment. In fact, if the judge suspects that the spouses have colluded to start the case, it will be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the institution of marriage. Therefore, even though the spouse is willing, 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 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 annulment if spouse agrees philippines the Philippines?
After the finalization of the legal process, the next 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 follow these mandatory steps:
Entry of Judgment: You must wait for the period for challenging the case to expire. Once this happens, the court provides an Entry of Judgment .
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 official record still reflecting as "Married." Consequently , any new 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 oppose the petition may can i remarry after annulment philippines make the litigation smoother . A non-adversarial case often proceeds faster because there are no legal hurdles to overcome during the hearings.
Nevertheless, it is crucial to consult a skilled family lawyer who specializes in local matrimonial laws. They will ensure that the petition is structured in a way that avoids charges of collusion while clearly proving the incapacity.
Summary
In summary , obtaining an annulment if a spouse annulment if spouse agrees philippines agrees in the Philippines demands more than just mutual intent . It needs a solid court process to establish that the marriage was void from the beginning. Once annulment if spouse agrees philippines the court battle is over and all administrative tasks are complete , you will be able to remarry can i remarry after annulment philippines and begin a new phase of your life with full legal peace of mind.