The process of legal landscape of marriage 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 discovers that the couple have colluded to start the case, it is likely to be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the institution of marriage. Therefore, even though your spouse agrees , the petitioner must still prove a valid legal ground, such as fraud .
Psychological Incapacity: This is the most common ground used . It requires proof that one party was unable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
After the completion of the legal process, the subsequent major priority is: can I remarry after annulment in the Philippines?
The simple answer is yes, but strictly following the release of the Finality of Judgment. 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: You must wait for the timeframe for challenging the annulment if spouse agrees philippines case 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 .
Updating Records: 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 can i remarry after annulment philippines showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the basis for the case, having spouse annulment if spouse agrees philippines who chooses not to oppose the petition can make the litigation smoother . A non-adversarial case usually proceeds faster because there are no legal hurdles to overcome during the hearings.
Nevertheless, it is vital to hire a skilled family lawyer who understands local matrimonial laws. They will ensure can i remarry after annulment philippines that the evidence is structured in a way that avoids accusations of collusion while clearly proving the legal grounds .
Summary
To conclude , obtaining an annulment if a can i remarry after annulment philippines spouse agrees in the Philippines demands more than just shared intent . It needs a solid 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 can remarry and begin a new phase of your life with full legal peace of mind.