The process of legal landscape of matrimonial dissolution in the Philippines is often overwhelming. Unlike most nations, the Philippines does not have a no-fault divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A frequent question posed by many is: can I get an annulment if my spouse agrees in the Philippines?
Does Agreement Speed Up the Process?
In various 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 suspects that the spouses have agreed to file the case, it can be dismissed immediately.
This is known as "collusion." Under the Family Code , the State has a vested interest in protecting the sanctity of marriage. Therefore, even if your spouse agrees , 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 party was unable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, present witnesses, and undergo a psychological evaluation .
Can I Remarry After Annulment in the Philippines?
After the completion of the legal process, the next major priority is: can I remarry after annulment in annulment if spouse agrees philippines the Philippines?
The short answer is yes, but strictly following the release of the Finality of Judgment. Just receiving a favorable decision from the Regional Trial Court is can i remarry after annulment philippines 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 annulment if spouse agrees philippines happens, the court provides an Entry of Judgment .
Liquidation annulment if spouse agrees philippines and Partition: The properties and liabilities of the former marriage must be divided according to the court order .
Registration: The court decision must be recorded with the LCR where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be considered void.
Tips for a Smoother Process
While "agreement" cannot be the reason for the case, having spouse who does not oppose the filing can make the process less stressful. A uncontested case usually moves faster because there are fewer legal hurdles to address during the trial .
Nevertheless, it is important to hire a competent legal expert who understands Philippine matrimonial laws. They will guarantee that the evidence is presented in a way that prevents accusations of collusion while can i remarry after annulment philippines effectively demonstrating the legal grounds .
Summary
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just shared desire. 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 fresh chapter of your life with total legal certainty .