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 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 finds that the spouses have agreed to file the case, it is likely to be dismissed immediately.
The law calls this "collusion." Under the Philippine law, the government has a strong interest in preserving the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground used . It needs evidence that one party was unable of fulfilling with basic marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the completion of the court process, the subsequent major priority is: am I free to marry again?
The short answer is yes, but only after the issuance of the Final Decree . Just receiving a positive decision from the Regional Trial Court is not enough .
To legally remarry, you must follow these mandatory steps:
Finality: You must wait for the period for challenging the case to expire. Once this happens, the court provides an Entry of Judgment .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according to the legal ruling.
Updating Records: The nullity decree must be registered with the Local can i remarry after annulment philippines Civil Registry where the marriage was celebrated and with the PSA.
Failure to register these papers results in your PSA marriage record still reflecting as "Married." Therefore, any subsequent marriage would be considered void.
Tips for a Smoother Process
While can i remarry after annulment philippines "agreement" cannot be the reason for the case, having spouse who does not oppose the petition may make the process smoother . An non-adversarial case often moves faster annulment if spouse agrees philippines because there are no counter-arguments to address during the hearings.
However , it is important to consult a competent legal expert who understands Philippine matrimonial laws. They will guarantee can i remarry after annulment philippines that the evidence is structured in a way that prevents accusations of collusion while clearly demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if can i remarry after annulment philippines a spouse agrees in the Philippines requires more than just shared intent . It needs a solid court process to establish that the marriage was void from the beginning. Once the court journey is finished and all administrative tasks are complete , you will be able to remarry and start a fresh chapter of your life with total legal peace of mind.