The Supreme Court has clarified that a husband and wife’s mutual desire to end their marriage does not, by itself, constitute collusion in a petition for declaration of nullity of marriage. Likewise, a spouse’s failure to oppose the petition or file an answer does not automatically establish collusion.

What Is Collusion in a Petition for Declaration of Nullity?

Case law has defined collusion as the agreement between husband and wife for one of them to commit, or to appear to commit, or to be represented in court as having committed, a matrimonial offense, or to suppress evidence of a valid defense, for the purpose of enabling the other to obtain a divorce.

If you are considering filing a petition for declaration of nullity of marriage, or have questions regarding psychological incapacity, collusion, or other family law matters, consult a law firm who can provide guidance based on your circumstances.

For the full text of the Decision, please visit: https://sc.judiciary.gov.ph/?p=165664.