The process of legal landscape of matrimonial dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines strictly prohibits a no-fault 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 ?
The Myth of Mutual Consent
In many jurisdictions, mutual consent is enough to end a marriage. However, in the Philippines, agreement 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 will 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 psychological incapacity .
Psychological Incapacity: This is the most common ground used . It requires evidence that one spouse was incapable of fulfilling with essential marital obligations at the time of the wedding.
The Trial Process: 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?
After the completion of the legal process, the next major priority is: am I free to marry again?
The simple answer is yes, but strictly following the issuance of the Final Decree can i remarry after annulment philippines . Simply receiving a positive decision from the RTC does not mean you are free.
To legally remarry, you must complete these mandatory steps:
Finality: You must stay patient for annulment if spouse agrees philippines the period for appeal to expire. Once this happens, the court provides an Entry of Judgment .
Liquidation and can i remarry after annulment philippines Partition: The assets and liabilities of the previous marriage must be settled according to the legal ruling.
Updating Records: annulment if spouse agrees philippines The court decision must be registered with the LCR where the marriage was celebrated and with the Philippine Statistics Authority .
Failure to record these papers means 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 contest the petition may make the process smoother . An non-adversarial case often moves faster because there are fewer counter-arguments to address during the trial .
However , it is important to hire a skilled legal expert who understands local matrimonial laws. They will ensure that the evidence is structured in a way that avoids charges of collusion while clearly proving the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a rigorous legal strategy to prove that the marriage was can i remarry after annulment philippines invalid from the start . After the legal journey is finished and all registrations are done, you can remarry and begin a new phase of your life with full legal peace of mind.