Understanding the 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 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 not a legal ground for annulment. In fact, if the court suspects that the spouses have agreed to file the case, it will be dismissed immediately.
This is known as "collusion." Under the Family Code , 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 cited. It needs evidence that one spouse was incapable of complying with essential marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and complete a clinical interview.
The Question of Remarriage:
Following the finalization of the court process, the subsequent major concern is: am I free to marry again?
The short answer is yes, but only after the issuance of the Finality of annulment if spouse agrees philippines Judgment. Just receiving a positive decision from the RTC is not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must wait for the period for appeal to expire. Once this happens, the court can i remarry after annulment philippines provides an Certificate of Finality.
Liquidation and Partition: The properties and liabilities of the former marriage must be settled can i remarry after annulment philippines according to the court order .
Registration: The nullity decree must be recorded with the Local Civil Registry where can i remarry after annulment philippines the marriage took place and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be deemed bigamous .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, having a spouse who chooses not to contest the petition may make the process smoother . An non-adversarial case often moves faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent family lawyer who specializes in Philippine matrimonial laws. They will guarantee that the petition is presented in a way that prevents charges of collusion while effectively demonstrating the legal grounds .
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just mutual desire. It requires a rigorous court process to prove that the marriage was invalid from the start . After the annulment if spouse agrees philippines legal journey is finished and all registrations are done, you can remarry and start a fresh chapter of your life with total legal certainty .