Understanding the legal landscape of marriage dissolution in the Philippines can be challenging . Unlike most nations, the Philippines strictly prohibits a simple divorce law. Instead, spouses 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.
This is known as "collusion." Under the Family Code , the State has a vested interest in protecting the institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
The Role of Article 36: 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:
Once the finalization of the court process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but only after the issuance of the Final Decree . 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 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 LCR where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means annulment if spouse agrees philippines your official record still showing as "Married." Consequently , any new marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . An non-adversarial case often proceeds faster because there are no can i remarry after annulment philippines counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent family lawyer who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that avoids charges of annulment if spouse agrees philippines collusion while effectively demonstrating the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a can i remarry after annulment philippines solid court process to prove that the marriage was invalid from the start . Once the court journey is can i remarry after annulment philippines finished and all registrations are done, you will be able to remarry and start a fresh chapter of your life with total legal certainty .