Understanding the legal framework of marriage dissolution in the Philippines can be challenging . 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 ?
The Myth of Mutual Consent
In many jurisdictions, joint consent is enough to terminate a marriage. However, in the Philippines, agreement between the parties is strictly not a valid reason for annulment. In fact, if the judge finds that the spouses have agreed to file the case, it can 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 agrees , the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
Psychological Incapacity: This is the frequent ground cited. It needs evidence that one spouse was incapable of complying with essential 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.
The Question of Remarriage:
Following the 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 Finality of Judgment. Just receiving a positive decision from the RTC is not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must stay patient for the period for appeal to expire. Once this happens, the court can i remarry after annulment philippines provides an Certificate of Finality.
Liquidation and Partition: The properties and debts of the former marriage must be divided 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 Philippine Statistics Authority .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any subsequent marriage would annulment if spouse agrees philippines 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 annulment if spouse agrees philippines make the litigation less stressful. A non-adversarial case usually proceeds faster because there are no legal hurdles to overcome during the trial .
Nevertheless, it is vital to hire a skilled legal expert who understands local matrimonial laws. They will ensure that the evidence is structured in a way that avoids accusations of collusion while clearly annulment if spouse agrees philippines proving the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines demands more than just shared intent . It needs a solid can i remarry after annulment philippines legal strategy to establish that the marriage was void from the beginning. Once the legal battle is over and all administrative tasks are complete , you will be able to remarry and begin a new phase of your life with full legal peace of mind.