The process of legal landscape of marriage dissolution in the Philippines can be challenging . Unlike most nations, the Philippines strictly prohibits a simple divorce law. Instead, spouses must apply for 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?
The Myth of Mutual Consent
In many jurisdictions, mutual consent is enough to terminate a marriage. However, in the Philippines, consent between the parties is strictly not a valid reason for annulment. In fact, if the judge discovers 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 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 lack of parental consent.
The Role of Article 36: This is the frequent ground used . It requires proof that one spouse was unable of fulfilling with essential marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must provide testimony, bring in witnesses, and complete a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the finalization of annulment if spouse agrees philippines the legal process, the next major concern is: am I free to marry again?
The simple answer is yes, but only after the release of the Final Decree . can i remarry after annulment philippines Simply receiving a positive decision from the RTC annulment if spouse agrees philippines is not enough .
To successfully remarry, you must complete these essential steps:
Finality: You must wait for the period for challenging the case to lapse . Once this happens, the court issues an Certificate of Finality.
Liquidation and Partition: The properties and liabilities of the previous marriage must be divided according to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these papers results in your PSA marriage record still showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the basis for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . A non-adversarial can i remarry after annulment philippines case usually moves faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is important to hire a competent legal expert who understands local matrimonial laws. They will ensure that the petition is presented in a way that prevents accusations of collusion while clearly proving the incapacity.
Conclusion
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a rigorous court process to prove that the marriage was invalid from the start . After the court journey is finished and all registrations are done, you can remarry and start a fresh chapter of your life with total can i remarry after annulment philippines legal certainty .