The process of legal landscape 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 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 strictly not a valid reason for annulment. In fact, if the judge discovers 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 agrees , the petitioner must still prove a valid legal ground, such as fraud .
The Role of Article 36: This is the frequent ground used . It requires proof that one party was unable of complying with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and undergo a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the completion of the legal process, the next major concern is: can I remarry after annulment in can i remarry after annulment philippines the Philippines?
The short answer is yes, but strictly following the release of the Finality of Judgment. Simply receiving a favorable decision from the Regional Trial Court is not enough .
To successfully remarry, you must follow these mandatory steps:
Entry of Judgment: You must wait for the period for challenging the case to expire. Once this happens, the can i remarry after annulment philippines court provides an Entry of Judgment .
Liquidation and Partition: The properties and liabilities of the former marriage must be divided according to the court order .
Registration: The nullity annulment if spouse agrees philippines decree must be recorded with the LCR where the marriage took place and with the Philippine Statistics Authority annulment if spouse agrees philippines .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any subsequent marriage would annulment if spouse agrees philippines be deemed void.
Tips for a Smoother Process
While "agreement" should not be the reason for the case, having spouse who does not oppose the filing can make the litigation less stressful. A uncontested case usually moves faster because there are fewer legal hurdles to address during the trial .
Nevertheless, it is vital to hire a skilled legal expert who understands Philippine matrimonial laws. They will guarantee 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 a spouse agrees in the Philippines requires more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was invalid from the start . After the legal battle is finished and all registrations are done, you can remarry and begin a new chapter of your life with total legal certainty .