The process of legal landscape of matrimonial dissolution in the Philippines can be complex . Unlike most countries , the Philippines strictly prohibits 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 the spouse agrees to it ?
Does Agreement Speed Up the Process?
In various jurisdictions, mutual consent is enough to terminate a marriage. However, in the Philippines, consent between husband and wife is not a legal ground for annulment. In fact, if the court suspects that the spouses have agreed to start the case, it is likely to be thrown out immediately.
This is known as "collusion." Under the Philippine law, the State has a vested interest in preserving the sanctity of marriage. Therefore, even if your spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
Psychological Incapacity: This is the most common ground used . It requires proof that one spouse was incapable of complying with essential marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Once the completion of the court process, the next major priority is: am I free to marry again?
The simple answer is yes, but only after the issuance of the Final can i remarry after annulment philippines Decree . Just receiving a positive decision from the RTC does not mean you are free.
To legally remarry, you must follow these essential steps:
Entry of Judgment: You must stay patient for the period for appeal to lapse annulment if spouse agrees philippines . Once this happens, the court provides an annulment if spouse agrees philippines Entry of Judgment .
Liquidation and Partition: The properties and debts of the previous marriage must be settled according to the legal ruling.
Updating Records: The court decision must be recorded with the Local Civil Registry where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these papers results in your PSA marriage record still showing as "Married." Consequently , any subsequent marriage would be deemed void.
Practical Advice for Couples
While "agreement" cannot be the reason for the case, having a spouse who does not contest the filing may make the process smoother . A uncontested case often proceeds faster because there are fewer legal hurdles to address during the trial .
Nevertheless, it is important to hire a competent legal expert who specializes in Philippine matrimonial laws. They will guarantee that the evidence is presented in a way that prevents charges of collusion while clearly demonstrating the legal grounds .
Summary
In summary , obtaining an annulment if a spouse annulment if spouse agrees philippines agrees in the Philippines demands more than just mutual desire. It requires a rigorous legal strategy to establish that the marriage was void from the beginning. Once the court battle is over and all administrative tasks are complete , you will be able to remarry and start a new chapter of your life with full legal annulment if spouse agrees philippines peace of mind.