Navigating the legal framework of marriage dissolution in the Philippines is often complex . Unlike most countries , the Philippines strictly prohibits a simple divorce law. Instead, spouses must apply for an annulment or a declaration of nullity of marriage. A common question posed by many is: can I get an annulment if my spouse agrees in the Philippines?
The Myth of Mutual Consent
In various jurisdictions, mutual consent suffices to end a marriage. However, in the Philippines, consent between the parties is strictly not a legal ground for annulment. In fact, if the judge suspects that the couple have colluded to file the case, it is likely to be dismissed immediately.
The law calls this "collusion." Under the Family Code , the State has a vested interest in preserving the sanctity of marriage. Therefore, even if the spouse agrees , the plaintiff must still demonstrate a valid legal ground, such as psychological incapacity .
The Role of Article 36: This is the frequent ground cited. It requires proof that one party was unable of complying with essential marital obligations at the time of the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
Following the finalization of the court process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but strictly following the release of annulment if spouse agrees philippines the annulment if spouse agrees philippines Final Decree . Simply receiving a favorable decision from the Regional Trial Court does not mean you are free.
To successfully remarry, you must follow these essential steps:
Entry of Judgment: You must stay patient for the timeframe for can i remarry after annulment philippines appeal to expire. Once this happens, the court provides an Entry of Judgment .
Liquidation and Partition: The assets and debts of the previous marriage must be divided according to the legal ruling.
Updating Records: The court decision must be can i remarry after annulment philippines registered with the LCR where the marriage was celebrated and with the PSA.
Failure to record these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be considered bigamous .
Practical Advice for Couples
Although "agreement" cannot be the reason for the case, having spouse who chooses not to oppose the petition may make the process less stressful. A non-adversarial case often proceeds faster because there are no legal hurdles to overcome during the hearings.
However , it is important to consult a skilled family lawyer who specializes in local matrimonial laws. They will ensure that the petition is presented in a way that avoids accusations of collusion while clearly proving the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just shared desire. It requires a rigorous court process to prove that the marriage was invalid from the beginning. Once the legal battle is finished and all registrations are done, you can remarry can i remarry after annulment philippines and start a fresh chapter of your life with full legal peace of mind.