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 in the Philippines?
Does Agreement Speed Up the Process?
In various jurisdictions, joint consent suffices to end a marriage. However, in the Philippines, agreement between husband and wife is not a legal ground for annulment. In fact, if the court suspects that the spouses have colluded to file the case, it will be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the frequent ground used . It requires proof that one party was unable of complying with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of the annulment if spouse agrees philippines legal process, the next major concern is: can I remarry after annulment in the Philippines?
The short answer is yes, but strictly following the issuance of the Final Decree can i remarry after annulment philippines . Simply receiving a positive decision from the Regional Trial Court does not mean you are free.
To legally remarry, you must complete these mandatory steps:
Entry of Judgment: You must wait for the timeframe for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where the marriage was celebrated and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" should annulment if spouse agrees philippines not be the basis for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . A non-adversarial case usually proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital to hire a skilled family lawyer who understands local matrimonial laws. They will ensure 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 spouse agrees in the Philippines requires more than just can i remarry after annulment philippines shared intent . It needs a rigorous legal strategy to establish that the marriage was void from the beginning. After the legal battle is over and all registrations are done, you can remarry and begin a new annulment if spouse agrees philippines phase of your life with total legal certainty .