Understanding the legal framework of marriage dissolution in the Philippines can be overwhelming. Unlike most countries , the Philippines lacks a simple divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A frequent question asked by many is: can I get an annulment if the spouse agrees to it ?
The Myth of Mutual Consent
In various jurisdictions, joint consent suffices to terminate a marriage. However, in the Philippines, consent between husband and wife is strictly not a valid reason for annulment. In fact, if the court suspects that the spouses 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 institution of marriage. Therefore, even though the spouse is willing, the plaintiff must still demonstrate a legitimate legal ground, such as psychological incapacity .
Psychological Incapacity: This is the most common ground cited. It needs evidence that one spouse was incapable of fulfilling with basic marital obligations during the wedding.
Legal Proceedings: Even with a non-contesting spouse, you must provide testimony, bring in witnesses, and complete a psychological evaluation .
The Question of Remarriage:
Once the completion of the legal process, the next major concern is: am I free to marry again?
The short answer is yes, but only after the issuance of the Final Decree . Simply receiving a favorable decision from the can i remarry after annulment philippines Regional Trial Court does not mean you are free.
To successfully remarry, you must follow these mandatory steps:
Finality: You must wait for the period for appeal to lapse can i remarry after annulment philippines . Once this happens, the court provides an Certificate of Finality.
Asset Distribution: The assets and debts of the previous marriage must be settled according to the can i remarry after annulment philippines legal ruling.
Updating Records: The nullity decree must be registered with the annulment if spouse agrees philippines Local Civil Registry where the marriage took place and with the PSA.
Neglecting to register these documents results in your official record still reflecting as "Married." Consequently , any new marriage would be deemed illegal .
Practical Advice for Couples
While "agreement" should not be the basis for the case, having spouse who chooses not to oppose the petition may make the litigation smoother . An non-adversarial case often proceeds faster because there are no counter-arguments to overcome during the hearings.
However , it is crucial to consult a competent legal expert who specializes in Philippine matrimonial laws. They will guarantee that the evidence is structured in a way that prevents accusations of collusion while clearly 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 rigorous court process to prove that the marriage was invalid from the beginning. Once the court can i remarry after annulment philippines journey is finished and all administrative tasks are complete , you will be able to remarry and start a fresh chapter of your life with full legal certainty .