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 common question asked by many is: can I get an annulment if my spouse agrees in the Philippines?
Does Agreement Speed Up the Process?
In various jurisdictions, joint consent suffices 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 will 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 psychological incapacity .
Psychological Incapacity: This is the most common ground cited. It needs evidence that one spouse was incapable of fulfilling with essential marital obligations at the time of the wedding.
The Trial Process: Even with a cooperative spouse, you must testify , present witnesses, and complete a psychological evaluation .
The Question of Remarriage:
Once the completion of the court process, the subsequent major priority is: am I free to annulment if spouse agrees philippines marry again?
The simple answer is yes, but strictly following the issuance of the Final Decree . Simply receiving a positive decision from the RTC does not mean you are free.
To legally remarry, you must complete these essential steps:
Finality: You must stay patient for the timeframe for appeal to lapse . Once this happens, the court annulment if spouse agrees philippines issues an Certificate of Finality.
Asset Distribution: The properties and debts of the previous marriage must be divided according to the legal ruling.
Registration: The court decision must be annulment if spouse agrees philippines recorded with the LCR where the marriage took place and with the Philippine Statistics Authority .
Failure to record these papers means your PSA marriage record still showing as can i remarry after annulment philippines "Married." Therefore, any subsequent marriage would be considered void.
Tips for a Smoother Process
While "agreement" cannot be the reason annulment if spouse agrees philippines for the case, having spouse who does not oppose the filing can make the litigation less stressful. A uncontested case usually proceeds faster because there are fewer legal hurdles to address 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 prevents accusations of collusion while clearly proving the legal grounds .
Summary
To conclude , obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . It needs a solid legal strategy to establish that the marriage was void from the beginning. Once 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.