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, spouses must apply for an annulment or a declaration of nullity of marriage. A frequent question posed 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, consent between the parties is strictly not a valid reason for annulment. In fact, if the judge finds that the couple have colluded to start the case, it can 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 if 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 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: can i remarry after annulment philippines
Once the completion of the court process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but strictly following the issuance of the Final Decree . Simply receiving a favorable decision from the RTC does not mean you are free.
To successfully remarry, you must complete these essential steps:
Entry of Judgment: You must stay patient for the timeframe for appeal to lapse . Once this happens, the court can i remarry after annulment philippines issues an Certificate of Finality.
Asset Distribution: The assets and debts of the previous marriage must be divided according to the legal ruling.
Registration: The court decision must be recorded can i remarry after annulment philippines with the LCR where the marriage took place and with the Philippine Statistics Authority .
Failure to record these papers means your official record still showing as "Married." can i remarry after annulment philippines Consequently , any subsequent marriage would be deemed void.
Practical Advice for Couples
While "agreement" should not be the annulment if spouse agrees philippines reason for the case, having spouse who chooses not to oppose the petition can make the litigation smoother . A non-adversarial case usually proceeds faster because there are no legal hurdles to overcome during the hearings.
Nevertheless, it is crucial to consult a skilled family lawyer who specializes in local matrimonial laws. They will ensure that the petition is structured in a way that avoids charges of collusion while effectively proving the incapacity.
Conclusion
In summary , 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 start . Once the court journey is finished and all registrations are complete , you will be able to remarry and start a fresh chapter of your life with total legal peace of mind.