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 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.
This is known as "collusion." Under the Family Code , the State has a vested interest in protecting the sanctity of marriage. Therefore, even though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as lack of parental consent.
The Role of Article 36: This is the frequent ground cited. It needs evidence that one party was unable of complying with essential marital obligations at the time of the wedding.
The Trial Process: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a clinical interview.
Can I Remarry After Annulment in the Philippines?
Following the finalization of the court process, the next major annulment if spouse agrees philippines concern is: can I remarry after annulment in the Philippines?
The short answer is yes, but only after the release of the Finality of Judgment. Just receiving a annulment if spouse agrees philippines favorable decision from the Regional Trial Court is not enough annulment if spouse agrees philippines .
To legally remarry, you must follow these mandatory steps:
Finality: You must wait for the period for appeal to expire. Once this happens, the court provides an Entry of annulment if spouse agrees philippines Judgment .
Liquidation and Partition: The properties and liabilities of the former marriage must be settled according to the court order .
Registration: The nullity decree must be recorded with the LCR where the marriage took place and with the Philippine Statistics Authority .
Neglecting to record these documents means your official record still showing as "Married." Consequently , any subsequent marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who does not oppose the petition can make the litigation less stressful. A non-adversarial 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 guarantee that the evidence is structured in a way that avoids accusations of collusion while clearly proving the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in annulment if spouse agrees philippines the Philippines requires more than just shared intent . It needs a solid legal strategy to establish that the marriage was void from the beginning. 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 .