Understanding the legal framework of matrimonial dissolution in the Philippines is often challenging . Unlike most nations, the Philippines lacks a no-fault divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A common question posed by many is: can I get an annulment if the spouse agrees to it ?
The Myth of Mutual Consent
In various jurisdictions, joint consent is enough to end a marriage. However, in the Philippines, consent between husband and wife is not a legal ground for annulment. In fact, if the judge discovers that the couple have agreed to start the case, it will 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 if 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 most common ground cited. It needs proof that one party was unable of complying with basic marital obligations during 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 the Philippines?
Following the completion of the legal process, the subsequent major priority is: am I free to marry again?
The short answer is yes, can i remarry after annulment philippines but strictly following the release of the Final Decree . Just receiving a positive decision from the Regional Trial Court does not mean you are free.
To successfully remarry, annulment if spouse agrees philippines you must complete these mandatory steps:
Finality: You must wait for the period for challenging the case to lapse . Once this happens, the court issues an Entry of Judgment .
Liquidation and Partition: The properties and debts of the previous marriage must be divided according to the court order .
Registration: The nullity decree must be registered with the Local Civil Registry where the marriage was annulment if spouse agrees philippines celebrated and with the Philippine Statistics Authority .
Neglecting to register these papers results in your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be deemed bigamous .
Tips for a Smoother Process
Although "agreement" should not be the basis for the case, having spouse who chooses not to oppose the filing may make the litigation less stressful. An uncontested case usually proceeds faster because there are fewer counter-arguments to address during the trial .
Nevertheless, it is vital to consult a skilled family lawyer who understands Philippine matrimonial laws. They will guarantee that the evidence is structured in a way that avoids accusations of collusion while clearly proving the incapacity.
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual intent annulment if spouse agrees philippines . It requires a solid court process to prove that the marriage was invalid from the beginning. Once the legal journey is over and all registrations are complete , you can remarry and begin a fresh chapter can i remarry after annulment philippines of your life with total legal certainty .