The process of legal framework of matrimonial dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines lacks a no-fault divorce law. Instead, spouses must apply for an annulment or a declaration of nullity of marriage. A common question asked by many is: what happens during an annulment if my spouse agrees to it ?
The Myth of Mutual Consent
In various jurisdictions, joint consent suffices to end a marriage. However, in the Philippines, agreement between the parties is strictly not a legal ground for annulment. In fact, if the judge finds that the spouses have colluded to file the case, it is likely to be dismissed immediately.
This is known as "collusion." Under the Family Code , the government has a strong interest in protecting the institution of marriage. Therefore, even if your spouse is willing, the petitioner must still demonstrate a valid legal ground, such as psychological incapacity .
The Role of Article 36: This is the most common ground used . It requires evidence that one spouse was unable of fulfilling with essential marital obligations at the time of the wedding.
Legal Proceedings: Even with a cooperative spouse, you must provide testimony, present witnesses, and complete a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the finalization of the legal process, the next major priority is: can I remarry after annulment in the Philippines?
The simple answer is yes, but strictly following the issuance of the Finality of Judgment. Simply receiving a favorable decision from the RTC is not enough .
To legally remarry, you must follow these essential steps:
Entry of Judgment: You must stay annulment if spouse agrees philippines patient for the timeframe for appeal to expire. Once this happens, the court provides an Certificate of Finality.
Asset Distribution: The properties and debts of the former marriage must be settled according to the legal ruling.
Registration: The court can i remarry after annulment philippines decision must be recorded with the Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these documents means your official record still showing as "Married." Consequently , any new marriage would be deemed bigamous .
Practical Advice for Couples
Although "agreement" should not be the reason for the case, having a spouse who does not contest the filing may make the can i remarry after annulment philippines litigation less stressful. A non-adversarial case usually proceeds faster because there are fewer legal hurdles to address during the hearings.
However , it is crucial to hire a competent family lawyer who understands Philippine matrimonial laws. They will ensure that the evidence is structured in a way that avoids accusations of collusion while effectively demonstrating the legal grounds .
Summary
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual intent . It needs a solid court process to prove that the marriage was void from the start . Once the court battle is over and all registrations are complete , you will be able to can i remarry after annulment philippines remarry and begin a fresh chapter of your annulment if spouse agrees philippines life with total legal peace of mind.