Navigating the legal framework of matrimonial dissolution in the Philippines can be complex . Unlike most countries , the Philippines lacks a simple divorce law. Instead, spouses must seek an annulment or a declaration of nullity of marriage. A frequent question asked by many is: can I get an annulment if my spouse agrees to it ?
The Myth of Mutual Consent
In various jurisdictions, mutual consent is enough to terminate a marriage. However, in the Philippines, agreement between the parties is strictly not a valid reason for annulment. In fact, if the court 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 the 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 proof that one party was unable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a cooperative spouse, you must testify , present witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of the legal process, the next can i remarry after annulment philippines major priority is: am I free to marry again?
The simple answer is yes, but strictly following the issuance of the Final Decree . Just receiving a positive decision from the RTC is not enough .
To legally remarry, you must follow these mandatory steps:
Entry of Judgment: You must wait for the timeframe for challenging the case can i remarry after annulment philippines to lapse . Once this happens, the court issues an Certificate of Finality.
Asset Distribution: The properties and debts of the former marriage must be settled according to the court order .
Registration: The nullity decree annulment if spouse agrees philippines must be registered can i remarry after annulment philippines with the Local Civil Registry where the marriage was celebrated and with the PSA.
Failure to register these papers means your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" should not be the basis for the case, having a spouse who chooses not to contest the filing may make the process can i remarry after annulment philippines less stressful. A uncontested case usually proceeds faster because there are fewer legal hurdles to address during the trial .
However , it is important to hire a competent legal expert who understands local matrimonial laws. They will guarantee that the evidence is structured in a way that avoids accusations of collusion while clearly proving the incapacity.
Summary
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual intent . It needs a solid court process to prove that the marriage was void from the beginning. Once the legal battle is over and all administrative tasks are complete , you can remarry and begin a new phase of your life with full legal peace of mind.