Navigating the legal landscape of marriage dissolution in the Philippines is often challenging . Unlike most countries , the Philippines does not have a no-fault divorce law. Instead, spouses must seek an annulment or a declaration of nullity of marriage. A frequent question asked by many is: can I get an annulment if my spouse agrees to it ?
Does Agreement Speed Up the Process?
In many jurisdictions, joint consent suffices to end a marriage. However, in the Philippines, consent between husband and wife is strictly not a legal ground for annulment. In fact, if the court suspects that the spouses have agreed to file the case, it will be dismissed immediately.
This is known as "collusion." Under the Family Code , the State has a strong interest in preserving the institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still demonstrate 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 incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must testify , present witnesses, and undergo a psychological evaluation .
The Question of Remarriage:
Once the finalization of the court process, the subsequent major concern is: am I free to marry again?
The short answer is yes, but only annulment if spouse agrees philippines after the issuance of the Finality of Judgment. Just receiving a positive decision from the Regional Trial Court is not enough .
To legally remarry, you must follow these mandatory steps:
Entry of Judgment: You must wait for the timeframe for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Liquidation and Partition: The assets and liabilities of the previous marriage must be settled according to the legal ruling.
Updating Records: The court decision must be registered with the LCR where the marriage was celebrated and with the Philippine Statistics annulment if spouse agrees philippines Authority .
Failure to record these papers means your PSA marriage record still showing as "Married." Therefore, any subsequent marriage would be deemed void.
Practical Advice for Couples
While "agreement" should not be the reason for the case, having spouse who chooses not to oppose the petition may annulment if spouse agrees philippines make the litigation smoother . A non-adversarial case often proceeds faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a can i remarry after annulment philippines competent legal expert who specializes in Philippine matrimonial laws. annulment if spouse agrees philippines They will guarantee that the petition is presented in a way that prevents accusations of collusion while effectively demonstrating the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It requires a rigorous legal strategy to establish that the marriage was void from the beginning. After the legal battle is over and all administrative tasks are complete , you will be able to remarry and begin a new phase of your life with full legal peace of mind.