Understanding the legal landscape of marriage dissolution in the Philippines can be challenging . Unlike most nations, the Philippines strictly prohibits a simple 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 is willing, 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 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 simple answer is yes, but only after the issuance of the Final Decree . Just receiving a positive decision from the can i remarry after annulment philippines RTC is not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must stay patient for 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 properties and liabilities of the former marriage must be settled according to the court order .
Updating Records: The nullity decree must be registered with the can i remarry after annulment philippines Local Civil Registry where the marriage took place and with the PSA.
Failure to register these papers results in your PSA marriage record still reflecting as "Married." Therefore, any new marriage would be considered bigamous .
Tips for can i remarry after annulment philippines a Smoother Process
Although "agreement" cannot be the reason for the case, having a spouse who does not oppose the filing can make the process less stressful. A uncontested case usually proceeds faster because there are fewer legal hurdles to overcome during the trial .
Nevertheless, it is vital 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
In summary , obtaining an annulment if a spouse agrees in the Philippines demands more than just mutual desire. can i remarry after annulment philippines It requires a solid court process to prove that the marriage was invalid from the start . After the court journey is finished and all registrations are done, you can remarry and start a fresh chapter of your life with total legal certainty .