The process of legal framework of matrimonial dissolution in the Philippines can be complex . Unlike most countries , the Philippines strictly prohibits a simple divorce law. Instead, spouses 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 ?
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 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 plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
The Role of Article 36: This is the frequent ground cited. It needs proof that one party was unable of complying with essential marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a psychological evaluation .
The Question of Remarriage:
After the completion of the legal process, the next major priority is: can I remarry after annulment in the Philippines?
The short answer is yes, but strictly following the release of the Finality of Judgment. Simply receiving can i remarry after annulment philippines a favorable decision from the RTC is not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must wait for the period for challenging the case annulment if spouse agrees philippines to expire. Once this happens, the court provides an Entry of Judgment .
Liquidation and Partition: The assets and liabilities annulment if spouse agrees philippines of the previous marriage must be divided according to the court order .
Registration: The court decision must be recorded with the LCR where the marriage took place annulment if spouse agrees philippines and with the Philippine Statistics Authority .
Failure to record these papers results in your PSA marriage record still reflecting as "Married." Therefore, any new marriage would be deemed illegal .
Practical Advice for Couples
Although "agreement" should not be the reason for the case, having a spouse who chooses not to contest the petition may make the litigation smoother . A non-adversarial case usually proceeds faster because there are fewer legal hurdles to address during the trial .
Nevertheless, it is important to hire a competent legal expert who specializes in Philippine matrimonial laws. They will ensure that the petition is presented in a way that avoids charges of collusion while clearly proving the incapacity.
Summary
In summary , obtaining an annulment if can i remarry after annulment philippines a spouse agrees in the Philippines demands more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was void from the start . After the legal battle is over and all administrative tasks are done, you can remarry and begin a new phase of your life with full legal certainty .