The process of legal landscape 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 undergo an annulment or a declaration of nullity of marriage. A common question asked by many is: what happens during an annulment if the spouse agrees to it ?
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 finds that the couple have colluded to start the case, it can be thrown out immediately.
The law calls this "collusion." Under the Family Code , the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a valid legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground used . It requires evidence that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The annulment if spouse agrees philippines 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 can i remarry after annulment philippines after the issuance of the Finality of Judgment. annulment if spouse agrees philippines Just receiving a positive decision from the Regional Trial Court is not enough .
To legally remarry, you must follow these mandatory steps:
Finality: You must wait for the period for appeal 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 contest the petition may make the litigation smoother . An non-adversarial case often proceeds faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent family lawyer who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that prevents charges of collusion while can i remarry after annulment philippines effectively demonstrating the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a rigorous court process to prove that the marriage was invalid from annulment if spouse agrees philippines the start . Once the court journey is finished and all registrations are complete , you will be able to remarry and start a fresh chapter of your life with total legal peace of mind.