Navigating the legal landscape of marriage dissolution in the Philippines is often overwhelming. Unlike most nations, 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 my spouse agrees in the Philippines?
Does Agreement Speed Up the Process?
In many jurisdictions, mutual consent is enough to end a marriage. However, in the Philippines, agreement between husband and wife is not a valid reason for annulment. In fact, if the judge finds that the couple have colluded to start the case, it is likely to be thrown out immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the institution of marriage. Therefore, even though your spouse agrees , the petitioner must still prove a valid legal ground, such as fraud .
Psychological Incapacity: This is the most common ground used . It requires proof that one party was unable of complying with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting 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: can I remarry after annulment in the Philippines?
The simple answer is yes, but strictly following the release of the Final Decree . Simply receiving a favorable decision from the Regional Trial Court does annulment if spouse agrees philippines not mean you are free.
To successfully remarry, you must follow these essential steps:
Entry of Judgment: You must wait for the timeframe for challenging the case to expire. Once annulment if spouse agrees philippines this happens, the court issues an Entry of Judgment .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according to the court order .
Updating annulment if spouse agrees philippines Records: The nullity decree must be recorded with the Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any annulment if spouse agrees philippines new marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who does not oppose the filing can make the process less stressful. A uncontested case usually moves faster because there are fewer counter-arguments to address during the trial .
However , it is important to consult a competent legal expert who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that avoids charges of collusion while effectively proving the incapacity.
Conclusion
In summary , obtaining annulment if spouse agrees philippines an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It needs a solid court process to prove that the marriage was void from the beginning. Once the court journey is over and all administrative tasks are complete , you will be able to remarry and begin a new phase of your life with full legal peace of mind.