Understanding the legal landscape of matrimonial dissolution in the Philippines can be overwhelming. Unlike most countries , the Philippines strictly prohibits a no-fault divorce law. Instead, spouses must undergo an annulment or a declaration of nullity of marriage. A frequent question posed by many is: what happens during an annulment if my spouse agrees to it ?
Does Agreement Speed Up the Process?
In many jurisdictions, mutual consent suffices to end a marriage. However, in the Philippines, consent between the parties is not a valid reason for annulment. In fact, if the judge suspects that the couple have colluded to file the case, it can be thrown out immediately.
This is known as "collusion." Under the Philippine law, the government has a vested interest in protecting the institution of marriage. Therefore, even though your spouse agrees , the plaintiff must still demonstrate a valid legal ground, such as lack of parental consent.
Psychological Incapacity: This is the most common ground cited. It requires proof that one party was incapable of fulfilling with essential marital obligations at the time of the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must testify , present witnesses, and undergo a clinical interview.
The Question of Remarriage:
After the finalization of the court process, the subsequent major concern is: can I remarry after annulment in the Philippines?
The simple answer is yes, but strictly following the release of the Final Decree . Simply receiving a favorable decision from the Regional Trial Court does not mean you are free.
To successfully remarry, you must follow these essential steps:
Entry of Judgment: can i remarry after annulment philippines You must wait for the period for challenging the case to expire. Once this happens, the court provides an Certificate of Finality.
Liquidation and Partition: The properties and debts of the previous marriage must be settled according to can i remarry after annulment philippines the court order .
Updating Records: The nullity decree must be recorded with the LCR where the marriage was annulment if spouse agrees philippines celebrated and with the PSA.
Neglecting to record these papers means your PSA marriage record still reflecting as "Married." can i remarry after annulment philippines Consequently , any subsequent marriage would be considered bigamous .
Practical Advice for Couples
While "agreement" cannot be the basis for the case, having spouse who does not contest the petition can make the process smoother . A uncontested case often moves faster because there are no legal hurdles to address during the hearings.
Nevertheless, it is important to consult a skilled legal expert who understands Philippine matrimonial laws. They will ensure that the evidence is presented in a way that avoids charges of collusion while clearly demonstrating the incapacity.
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just mutual intent . It requires a rigorous court process to establish that the marriage was void from the start . Once the legal battle is finished and all administrative tasks are done, you can remarry and start a new phase of can i remarry after annulment philippines your life with total legal peace of mind.