The process of legal landscape of marriage dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines strictly prohibits a simple 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 legal ground for annulment. In fact, if the court suspects that the spouses have agreed to file 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 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 needs evidence that one spouse 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 the Philippines?
Following the annulment if spouse agrees philippines finalization of the court process, the subsequent major concern is: am I free to marry again?
The short answer is yes, but only after the issuance of the Final Decree . Just receiving a positive decision from the RTC is not enough .
To legally remarry, you must annulment if spouse agrees philippines complete these mandatory steps:
Finality: You must stay patient for the period for appeal to expire. Once this happens, the court provides an Certificate of Finality.
Liquidation and Partition: The properties and debts of the former marriage must be annulment if spouse agrees philippines divided according to the court order .
Registration: The nullity decree must be recorded with the LCR where the marriage took place and with the Philippine Statistics Authority can i remarry after annulment philippines .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who chooses not to oppose the petition can make the litigation smoother . A non-adversarial case often proceeds faster because there are no counter-arguments 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 can i remarry after annulment philippines a way that avoids charges of collusion while effectively proving the incapacity.
Conclusion
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It needs a solid court process to prove that the marriage was void from the beginning. Once the court journey is over and all administrative tasks are complete , you will be able to remarry and start a fresh phase of your life with full legal peace of mind.