Navigating the legal framework of matrimonial dissolution in the Philippines is often complex . Unlike most countries , the Philippines does not have a no-fault divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A frequent question posed by many is: can I get an annulment if my spouse agrees in the Philippines?
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 legal ground for annulment. In fact, if the court suspects that the spouses have agreed to file the case, it will be dismissed immediately.
This is known as "collusion." Under the Family Code , the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground used . It requires evidence that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the finalization of the court process, the subsequent major priority is: can i remarry after annulment philippines am I free to marry again?
The short answer is yes, but only after the issuance of the Finality of Judgment. 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: can i remarry after annulment philippines 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 Local Civil annulment if spouse agrees philippines Registry where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any annulment if spouse agrees philippines subsequent marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" cannot be the basis for the can i remarry after annulment philippines case, having spouse who does not contest the petition may make the litigation less stressful. A non-adversarial case often proceeds faster because there are no 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 guarantee that the petition is presented in a way that prevents accusations of collusion while effectively demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was void from the beginning. After the legal battle is over and all administrative tasks are done, you can remarry and begin a new phase of your life with full legal peace of mind.