Navigating the legal landscape 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 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 court discovers that the couple have agreed to start the case, it is likely to be dismissed immediately.
This is known as "collusion." Under the Philippine law, the government has a vested interest in preserving the sanctity of marriage. Therefore, even though your spouse is willing, the petitioner 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 requires proof that one party was incapable of fulfilling with basic marital obligations at the time of the wedding.
Legal Proceedings: Even with a cooperative spouse, you must provide testimony, bring in witnesses, and undergo a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the completion of the legal process, the next major priority is: am I free to marry again?
The short answer is yes, but only after the issuance of the Finality of Judgment. Simply receiving a positive decision from the Regional Trial Court is not enough .
To successfully remarry, you must complete these mandatory steps:
Finality: You must wait for the period for challenging the case to lapse . Once this happens, the court provides an Certificate of Finality.
Asset annulment if spouse agrees philippines Distribution: The properties and liabilities of the previous marriage must be settled according to the court order .
Updating Records: The court decision must be recorded with the LCR where the marriage was celebrated and with the Philippine Statistics Authority .
Neglecting to register these papers means your official record still reflecting as "Married." Therefore, any subsequent marriage would be deemed bigamous .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, annulment if spouse agrees philippines having spouse who does not oppose the petition may make the process smoother . A non-adversarial case usually moves faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital to consult a competent family lawyer who specializes in Philippine can i remarry after annulment philippines matrimonial laws. annulment if spouse agrees philippines They will ensure that the petition is presented in a way that prevents charges of collusion while effectively demonstrating the legal grounds .
Summary
To conclude , obtaining an can i remarry after annulment philippines annulment if a spouse agrees in the Philippines requires more than just mutual desire. It requires a solid court process to prove that the marriage was void from the beginning. Once the legal battle is over and all administrative tasks are done, you can remarry and begin a fresh chapter of your life with total legal peace of mind.