Understanding the legal framework of matrimonial dissolution in the Philippines can be overwhelming. Unlike most countries , the Philippines strictly prohibits a simple divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A frequent question asked by many is: can I get an annulment if the spouse agrees in the Philippines?
The Myth of Mutual Consent
In various jurisdictions, mutual consent suffices to terminate a marriage. However, in the Philippines, consent between husband and wife is strictly not a valid reason for annulment. In fact, if the judge discovers that the couple have agreed to file the case, it will be dismissed immediately.
The law calls this "collusion." Under the Philippine law, the State has a vested interest in preserving the institution of marriage. Therefore, even if your spouse is willing, the petitioner must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the frequent ground cited. It needs evidence that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must testify , present witnesses, and undergo a clinical interview.
The Question of Remarriage:
Following the finalization of the legal 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 Finality of Judgment. Simply receiving a positive decision from the RTC is not enough .
To legally remarry, you must follow these essential steps:
Entry of Judgment: You must stay patient for the timeframe for appeal to expire. Once this happens, the court provides an Entry of Judgment .
Asset Distribution: The assets and debts of the former marriage must be divided according to the court order .
Registration: The nullity decree must be registered with the LCR where the marriage took place and with the PSA.
Neglecting to register these papers can i remarry after annulment philippines results in your official record still showing as "Married." Therefore, 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 can i remarry after annulment philippines not contest the filing may make the process smoother . An uncontested case often moves faster because there are fewer counter-arguments to address during the trial .
Nevertheless, it is crucial to hire a skilled legal expert annulment if spouse agrees philippines who specializes in Philippine matrimonial laws. They will guarantee that the petition is presented in a way that prevents charges of collusion while effectively proving the incapacity.
Summary
To annulment if spouse agrees philippines conclude , obtaining an annulment if a spouse agrees in the Philippines demands more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was void from the start . Once the legal journey is finished and all registrations are complete , you can remarry and begin a new phase of your life with full annulment if spouse agrees philippines legal peace of mind.