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, spouses must undergo an annulment or a declaration of nullity of marriage. A common 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 is enough to end 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 start the case, it is likely to be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a vested interest in protecting the sanctity of marriage. Therefore, even if your 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 requires proof that one party 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 , bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
After the completion of the legal process, annulment if spouse agrees philippines the next major priority is: am I free to marry again?
The simple answer is yes, but strictly following the release of the Final Decree . Just receiving a favorable decision from the RTC does not mean you are free.
To legally remarry, you must follow these mandatory steps:
Entry of Judgment: You must wait for the timeframe for appeal to lapse . Once this happens, the court provides an Certificate of Finality.
Liquidation and Partition: The properties and liabilities of the former marriage must be divided according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where the marriage was celebrated and with the PSA.
Failure to register these papers results in your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be considered void.
Tips for a Smoother Process
While "agreement" cannot be the reason for the case, having spouse who does not annulment if spouse agrees philippines oppose the filing can make the litigation less stressful. A uncontested case usually proceeds faster because there are annulment if spouse agrees philippines fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital to hire a skilled family lawyer who understands local matrimonial laws. They will ensure that the annulment if spouse agrees philippines petition is structured in a way that avoids accusations of collusion while clearly proving the legal grounds .
Summary
To conclude can i remarry after annulment philippines , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It needs a solid legal strategy to establish that the marriage was void from the beginning. Once the court battle is over and all administrative tasks are complete , you can remarry and begin a new phase of your life with full legal peace of mind.