The process of legal framework of matrimonial dissolution in the Philippines is often overwhelming. Unlike most countries , the Philippines does not have a no-fault divorce law. Instead, couples must seek 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?
Does Agreement Speed Up the Process?
In various 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 can be dismissed immediately.
This is known as "collusion." Under the Philippine law, the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse agrees , the petitioner must still prove a valid legal ground, such as fraud .
Psychological Incapacity: This is the most common ground used . It requires proof that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must testify , present witnesses, and undergo a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the completion can i remarry after annulment philippines of the legal process, the next major priority is: can I remarry after annulment in the Philippines?
The simple answer is yes, but strictly following the release of the Final Decree . Simply receiving a favorable decision from the Regional Trial Court does not mean you are free.
To successfully remarry, you must follow these essential steps:
Entry of can i remarry after annulment philippines Judgment: You must wait for the timeframe for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according annulment if spouse agrees philippines to the court order .
Updating Records: The nullity decree must be registered with the Local Civil Registry where annulment if spouse agrees philippines the marriage was celebrated and with the PSA.
Neglecting to register these papers results in your official record still reflecting as "Married." Consequently , any new marriage would be considered 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 annulment if spouse agrees philippines 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 ensure that the petition is presented in a way that avoids charges of collusion while effectively demonstrating the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. It requires a solid court process to prove that the marriage was invalid 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 phase of your life with full legal peace of mind.