Navigating the legal framework of marriage dissolution in the Philippines can be overwhelming. Unlike most countries , the Philippines strictly prohibits a simple divorce law. Instead, couples must seek an annulment or a declaration of nullity of marriage. A common question posed by many is: can I get an annulment if my spouse agrees in the Philippines?
The Myth of Mutual Consent
In many jurisdictions, joint consent is enough to terminate 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 colluded to start the case, it is likely to be thrown out immediately.
This is known as "collusion." Under the Family Code , the government has a strong interest in protecting the institution of marriage. Therefore, even though the spouse agrees , the petitioner must still prove a valid legal ground, such as psychological incapacity .
Psychological Incapacity: This is the frequent 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 testify , bring in witnesses, and undergo a annulment if spouse agrees philippines psychological evaluation .
The Question of Remarriage:
Following the completion of the court process, the next major priority is: am I free to marry again?
The short answer is yes, but only after the release of the Final can i remarry after annulment philippines Decree . Simply receiving a positive decision from the Regional Trial Court does not mean you are can i remarry after annulment philippines free.
To legally remarry, you must complete these essential steps:
Entry of Judgment: You must wait for the period for challenging the case to expire. Once this happens, the court issues an Entry of Judgment .
Asset Distribution: The assets and debts of the former marriage must be divided according to the legal ruling.
Registration: The nullity decree must be registered with the LCR where the marriage took place and with the PSA.
Failure to record these documents means your PSA marriage record still reflecting as "Married." Consequently , any new marriage would be considered illegal .
Practical Advice for Couples
Although "agreement" cannot be the basis for the case, having a spouse who chooses not to contest the filing can make the litigation less stressful. An uncontested case usually proceeds faster because there are no counter-arguments to address during the trial .
Nevertheless, it is crucial to consult a competent legal expert can i remarry after annulment philippines who understands local matrimonial laws. They will ensure that the petition is presented in a way that avoids charges of collusion while clearly proving the incapacity.
Conclusion
Final thoughts, obtaining an annulment if a spouse agrees in the Philippines requires more than just shared intent . annulment if spouse agrees philippines It requires a rigorous legal strategy to establish that the marriage was void from the beginning. After the legal battle is finished and all registrations are done, you will be able to remarry and begin a fresh chapter of your life with full legal certainty .