The process of legal framework of marriage dissolution in the Philippines can be complex . 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, joint consent suffices to end a marriage. However, in the Philippines, consent between the parties is not a valid reason for annulment. In fact, if the judge discovers that the spouses have colluded to file the case, it is likely to be dismissed immediately.
The law calls this "collusion." Under the Philippine law, the State has a vested interest in preserving the sanctity of marriage. Therefore, even if your spouse agrees , the plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the frequent ground cited. It needs evidence that one spouse was incapable of complying with essential marital obligations during the wedding.
The Trial Process: Even with a cooperative spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
The Question of Remarriage:
After the finalization annulment if spouse agrees philippines of the court process, the subsequent major priority is: am I free to marry again?
The simple answer is yes, but strictly following the release of the Final Decree . Simply receiving a positive decision from the RTC is not enough .
To legally remarry, you must complete these mandatory steps:
Finality: You must stay patient can i remarry after annulment philippines for annulment if spouse agrees philippines the timeframe for appeal to lapse . Once this happens, the court issues an Entry of Judgment .
Asset Distribution: The assets and debts of the previous marriage must be settled according to the legal ruling.
Updating Records: The nullity decree must be registered with the Local annulment if spouse agrees philippines Civil Registry where the marriage was celebrated and with the Philippine Statistics Authority .
Failure to register these papers means your official record still reflecting as "Married." Therefore, any subsequent marriage would be considered illegal .
Practical Advice for Couples
While "agreement" cannot be the basis for the case, having a spouse who does not oppose the petition may make the process less stressful. A uncontested case usually proceeds faster because there are no counter-arguments to address during the trial .
However , it is vital to hire a competent family lawyer who understands Philippine matrimonial laws. They will ensure that the evidence is presented in a way that avoids charges of collusion while clearly demonstrating the incapacity.
Summary
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines demands more than just shared intent . It annulment if spouse agrees philippines requires a solid legal strategy to prove that the marriage was invalid from the beginning. Once the legal journey is finished and all registrations are done, you will be able to remarry and start a new phase of your life with full legal certainty .