There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce).
I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.
Is “annulment” different from a “declaration of nullity” of marriage?
Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.
Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.
So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?
For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.
What if no marriage certificate could be found?
Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present.” (Citations omitted)
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.
How is “legal separation” different from annulment?
The basic difference is this - in legal separation, the spouses are still considered married to each other, and, thus, may not remarry.
What are the grounds for legal separation?
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The term “child” shall include a child by nature or by adoption.
What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?
This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:
1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).
If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?
No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry.
What are the grounds for declaration of nullity of marriage?
1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).
2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).
3. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.
Please note, however, that there are still other grounds to declare a marriage as null and void.
Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?
Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.
Update: Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II or in Costs in seeking an Annulment.
You may also want to read these related posts:
Effect of Annulment in a Criminal Case for Bigamy by Atty. Fred on August 4th, 2006
Divorce and Annulment in the Philippines by Atty. Fred on July 21st, 2006
Effects of Foreign Divorce on Filipino Spouse by Joselito Basilio on November 7th, 2006
Dear Atty,
I would like to inquire abt the bigamy case. My cousin has remarried before his first marriage was dissolved. Now his second wife got into trouble and got a fight with her friend about a certain loan. Her friend wants her to shoulder the loan or the money that was missing and they told her that if she do not pay that they will file a case against her and will definitely petition a bigamy case for her and my cousin. Threatening her that they can easily issue a warrant of arrest because her friend is an attorney and has access to most city halls and nbi. How will that be possible? They are both scared, scared enough to come to work because they know that somebody might just catch them and arrest them.
If two foreigners marry in the Philippines and then obtain a divorce outside the Philippines…is this divorce recognised under Philippines Law
emcoluk, foreigners are governed by their own laws when it comes to divorce. As long as they validly secure a divorce outside the Philippines, the divorce decree is respected under Philippines laws.
kpm, I’m terribly sorry; please read the “Terms“. In the near future, we may be discussing preliminary investigations, warrantless arrests and inquests in criminal cases. You might see the answers in that post. Thank you.
attorney,
is there such a law where a married woman can buy a property using her maiden name? will it be still considered ‘conjugal’?
tnx
in addition to what i wrote, i got married in 1997 and got separated in 2004. the father of my 9-yr old son and i have no communication since then (no child support, etc which is not the issue). i’m planning to buy a house & lot but wonder if i can use my maiden name. and of course, i don’t want him to have a ’share’ with this in case i file for annulment in the future.
tnx again
Rwan, I’m not aware of any. On the other hand, a married woman is required to use the family name of the husband. The extent by which a married woman may acquire property under her own name largely depends on the kind of property relationship legally established during the time of marriage. Beyond that information, I suggest you consult with your lawyer since we’re prohibited from giving any legal advice in the absence of atty-client relationship. Of course, something could be done to achieve your goal and I trust your lawyer knows it.
Good luck!
Attorney Fred,
Could that be a valid ground to file for a petition of declaration of absolute nullity of marriage? Is that certification an enough and valid proof that we don’t have any marriage license? How long will it usually take for such petition in family court? How long does it usually cost? Should I really need to wait for the court’s declaration before I could get married? Please help me. Thanks.
Attorney Fred,
Is there a way to file or get an annulment eventhough the wife doesn’t appear in court? Are there documents that needs to be signed by the wife in the process of the annulment? What if she doesn’t agree to sign? Is it still possible to continue the annulment? Is the divorce decree enough to finalize the annulment?
Atty. Fred,
Should an annulment be granted, can a church wedding be possible? Thank you for your time. I’m looking forward to your response. God bless.
Atty Fred,
Will the Philippine court still recognized the divorce even the wife is neither a US immigrant or citizen?
Guys, sorry for the delayed reply, there were technical problems with the blog. First off, please understand that we are prohibited from giving legal advice in this Forum, so you may notice that we have declined from answering some of the questions. Nevertheless, as to general matters, here are some notes that may hopefully point you in the right direction.
1. As discussed somewhere, it is indispensable, for the purpose of remarriage, to seek an annulment or an order declaring a marriage as null and void. Ckeck with the NSO if a marriage certificate is on file. There’s such a thing as a CENOMAR or a “Certificate of No Marriage Record” (read here).
2. A decree of annulment may be issued without the other party appearing in court. In fact, the signature or appearance of the other spouse doesn’t mean that the petition will be granted. The other spouse may choose NOT to appear, which is the reason why the public prosecutor is under obligation to check if there’s no collusion between the parties.
3. There’s a requisite dispensation before someone whose marriage had been annuled may get married again in church.
By the way, angel_jasmine, I can’t understand your question. Please clarify.
Good luck to everyone.
Thanks for the reply atty. fred but I’m still confused.
So are you saying that eventhough the wife (currently in America and has a divorce decree herself; neither a US immigrant or a US citizen) doesn’t appear in court and doesn’t sign any document in the process of the annulment, the husband can still acquire a decree of annulment? On what grounds can the petition be granted? how long does it normally take?
If the husband has a copy of the divorce decree, can this be used as a strong evidence that can expedite the process of the annulment? Does the phil. court recognized the divorce decree as legal eventhough the wife is not a citizen of America?
Can the wife, eventhough not yet annuled, get married in America to a US immigrant? or does it have to be a US citizen to completely consider the previous marriage null?
Does the wife have the right to have a copy of the annulment decree eventhough she didn’t do anything in the process? What does she need to do to obtain a copy? where?
I would appreciate your response.
Continuation…
That is, if in case the husband doesn’t want to give the wife’s copy.
Jasmine, yes, it’s possible to secure an annulment or a declaration of nullity even if the other spouse does not appear or sign anything. As I mentioned earlier, this is the reason why the public prosecutor is under obligation to check if there’s a collusion between the spouses. Please read again this article, because the grounds are discussed in it. In my estimate, the average length of time is 1 year, and it may be shorter or longer depending on the circumstances.
As long as the spouse seeking the divorce is a Filipino (a former Filipino is an entirely difference matter), any divorce decree issued is not recognized under Phil. laws.
For your other queries, please check the other articles. You may use the search function the right sidebar.
Good luck.
atty,
with regards to ur jan27 reply to my msg, can i at least register a property (should i buy one) under my 9-yr old son? how does this go?
tnx again
Rwan, in general, minors must be represented by parents or guardians. In other words, contracts (and the subsequent transfer) are signed by the parent or guardian, in trust for the minor. However, please don’t take this as entirely suitable for your purposes, because there may be other concerns that I don’t know of (besides, I can’t possibly go into those details).
Good luck.
Sorry I think I have post this question to a wrong window/topic.
I would like to inquire about the role the state regarding filing a bigamy case. Can anyone file the charges if somebody they know commited the crime? A family member of the spouse or friend?
hi atty,
got a question if an immigrant divorce his/her partner outside the philippines and after a year became a citizen does the divorce decree applies here in the philippnes and does his/her betterhalf can remarry again? thanks!
Isn’t it true that a legal separation in the Philippines involves everything a divorce does in a western country except for the fact the couple cannot remarry…thank you
k_pm, under the Revised Rules of Criminal Procedure, the following crimes must be initiated by the offended party: adultery, concubinage, seduction, adbuction, acts of lasciviousness, and defamation consisting of imputation of these offenses. You will note that bigamy is not one of them.
ishin, if I remember correctly, an immigrant does not lose his/her Filipino citizenship. As repeatedly mentioned in this blog, a divorce secured by a Filipino citizen, as a rule, is not recognized here.
emcoluk, I’m not sure if legal separation, vis-a-vis divorce in a western country, involves “everything” other than the capacity to remarry. Still, I’m not aware of anything that differentiates it other than the capacity to remarry.
So in other words, Bigamy crime cannot be filed by anybody except the offended party, and that is only the wife. Thanks for your prompt response and help to clarify things.
Dear Atty,
Will a marriage in Hongkong be valid? Will the US Immigration accept the validity, and will they check with NSO about previous records of marriage in the Philippines?
indoubt
indoubt, as you may have read from the article above (and other articles in this blog), a second marriage is null and void, as long as there is a valid subsisting first marriage. This applies to all Filipinos, wherever they are in the world and wherever they may contract the second marriage. As to whether US immigration checks with the NSO, I’m really not sure.
Hi…Not sure if am posting my question in the right place. But here it goes - got married in the US in 1999 to a naturalized US citizen. We had a son born in the US. Things fell apart - i left for the Philippines; still a filipino citizen- with no US visa and no means of going back to the US. 6 years later; i want to re-marry in Church and currently trying to get a divorce. However, this is what they are telling me: The court may require me to appear in court since my son will be residing in the Philippines here with me and i will have full custody. My hopefully- soon to be ex husband has agreed to all the conditions… Here is the dilemma that the paralegal in the US sent me:
Another complication is that your son lives in the Philippines, so there is a question of whether or not a Nevada court has jurisdiction to grant you (a non U.S. citizen) sole physical custody of your son. If you read the attached link, it will explain that the Philippines has jurisdiction of any U.S. Citizen child residing in the Philippines because they are not party to the Hague Convention Treaty. Therefore, a Reno court might not be willing to issue an order regarding custody of your son. See http://www.international-divorce.com/ca-philippines.htm
Now, i know i can file for dual citizenship for my son - i am a filipino citizen and his father was born here as well… I also checked with NSO and am still ‘technically’ single - we did not register our marriage to the Philippine consulate.. is the marriage valid? Can i get married w/o having to wait for the divorce decree? The only problem i am foreseeing is that i have plans of migrating to the US.
Help…
Hello.
I have been talking and getting to know a philippino lady now for almost two years and now we want to be married. The confusion here for me is. she states that she was married over four years ago and marriage was annuled. She has one 10 year old son. That the father wont let leave the country yet. I need documents that show she is legaly annuled and able to marry again .. She seems or dont know how to obtain this information. I have read many things on the net about annumlents in the philippines and i am still unsure how to find out this legal information that she can legaly marry me. She has no idea how to obtain or find this information.. I am unsure if this is true however as i see you have to go to court to get a declaration of annulment (how it seems to me) Anyone have any ideas on helping me with this information.. Shouldnt she know were to go to find this or have a letter to show this?
Thanks for your time and help if you are able to give me some insight.
Path
Unlearned, please read the answer here.
Path, the fact of annulment is reflected in the record with the National Statistics Office (NSO). The more cumbersome way of doing it is to ask which court and branch that issued the annulment decree, and to request for information there.
Good luck.
Dear Atty,
When a person is legally separated, is he/she allowed to co-habit with another without the threat of being sued for adultery?
Ian, under Article 63 of the Family Code, legal separation has the effect, among others, of allowing the spouses to “live separately from each other, but the marriage bonds shall not be severed.” In other words, the obligation of mutual fidelity remains. If any of the spouses remarry, that spouse is liable for bigamy. They are also open to a charge of concubinage/adultery, as the case may be.
My brother got married a few years ago and 3months after their civil wedding, his wife was granted a work visa in the US using a different name. Three years later, (after having no communication at all during those years),his wife called and told him that she wanted to file an annulment. When they learned the expenses of getting the annulment and to save the expenses, she said that its better that he just find another woman to marry because she no longer wants to save their marriage and for him to refrain from doing anything to let his wife be deported back to the Philippines since my brother has a plan of doing that. Since my brother has a girlfriend of 1 year that time, and was depressed of what has happened to his marriage, and cannot do nothing to let his wife go back, he married his girlfriend instead without knowing that he could be charged for Bigamy.
A year after, When one of his 1st wife’s best friend learned about this, she got mad and told him that she will file a legal complaint so he could be charge for a crime. My brother now wants to pursue an annulment by PAO because he cannot afford the legal fees for annulment and hire a private lawyer. His wife contacted him last January and told him not to worry because she will not file any complaint against him.
My brother has some dispute with his 1st wife’s bestfriend and told him that to get even with him, she will pursue filing a legal case against him. Can you give us legal advise on how he can straight things out? I pity my brother for getting into this kind of situation.
Mommzy, I’m sorry to hear about your brother’s predicament. I’m a bit allergic to the phrase “legal advice”, which you are seeking here, because that is prohibited without an attorney-client relationship. As I repeatedly noted in this blawg, legal advice is not dispensed in this Forum. So, I have to apologize if I can’t give any. Nevertheless, I hope this related article would give you some guidance:
https://jlp-law.com/blog/effect-annulment-criminal-case-bigamy/
Me and my spouse was supposed to get married on June 21, 2000 but the judge was not available then so the court clerk rescheduled us on June 22, 2000 for the ceremony instead. One of the two sponsors/witness or Ninang was not available though the following day June 22, 2000 so she just signed in the marriage contract on June 21, 2000 and never appeared on June 22, 2000. On June 22, 2000, the judge married us even if there is only one sponsor/witness or ninang present since the other sponsor/witness/ninang already signed the contract a day before. Is this ok? Can i use it as ground to nullify my marriage?
Dear Attorney,
MAN secretly married A when they were around 22. A’s parents were not aware of this so I don’t know if things had to be forged. MAN and A never lived together but marriage was consummated. They haven’t had contact in years, they’re both 30 now. MAN married D when they were both over 25, thinking since he and A have lost touch for 7 years, it’s OK to remarry. D knows he was married before. MAN and D are both poor and doesn’t know where A is and what her situation is.
Questions:
1. Isn’t marriage to A automatically considered void because A’s parents were not aware of this marriage? Do they still need to go through the courts?
2. Will MAN’s marriages both show at the NSO assuming both were filed by the responsible party?
3. Does D have potential legal liability?
4. I think MAN and A both have strong grounds for annullment but what are the MAN’s options given that he is basically penniless and has no contact at all with A?
5. How can MAN check if A filed an annullment or out of country divorce?
Thank you!
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
Atty Fred,
I am sorry for asking legal advise as I was not aware of the terms you had. Will you be able to help us in any way for him to start straightening his situation? We do not know whom to go first for he doesn’t know how to get started and fear that others may used it against him. Is there a possibility that his first wife’s friend filed a complaint against him even if she is not the offender herself and used this for her personal revenge?
I hope you can still give us guidance and help us in any way you can. Thank you!
Walang Alam, I’m sorry I can’t give any opinion on your circumstance, and the reason had been repeatedly stated. In general, however, please note the following provisions of the Family Code:
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35.
A defect in any of the essential requisites shall rende the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Now you know that the presence of witnesses is a formal requisite. You have to study if the absence of one (or both) witnesses is merely an irregularity.
Queenie, the scenario you mentioned is riddled with problems and liabilities. I strongly recommend that you consult a lawyer of your choice. There are some free legal aid groups out there, in case the MAN is penniless.
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
Mommzy, I hope you’ve read the article (and the comments) I included above.
FROM JOYUIE24 (Mar. 20,2007)
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
FROM ATTY FRED:
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
FROM JOYUIE24
First of all thank you po sa reply and sorry kung magtatanong po ako ulet kc medyo confused na tlaga ako.
The Ex-Wife who filed the divorce is a former filipino tapos nasa processing plang un citizenship nya nun nag file sya ng divorce so na-approve naman un divorce nila, During the processing of their divorce possible na Filipino Citizen pa rin sya kc immigrant pa lang sya nun. So, nun na approve un divorce nila Filipino Citizen pa rin sya. Kinasal cla sa Pilipinas ng Filipino Citizen pa sya at un lalaki ay US citizen na. So, ask k lang kung applicable ba sa kanila un Art. 26 par.2 pag applicable ibig sabihin pwede kame ikasal sa Pilipinas ng US citizen na asawa ko na ngaun?
If ever pwede, nakita ko sa NSO na pwede mag file ng Dissolution Of Marriage. Hindi k nga lang alam kung pano mag file or i-declare sa kanila un divorce decree. So kung cno man may idea pls help nmn..thank u in advance ulet…
What happen to my request that I put in to this forum on March 11,07 on the Subject of Seperation for Over 17 years Is their a law that the time spend of seperation is time serve for the one year period for the time required by law for annulment: I gave my e-mail address with an essay of the subject matter at hand .
Why wasn’t I contact for an answer?
What happen to my essay?
Dear Sir,
I am currently engaged to a woman that was born in the Philippenes, but her father was in the US Army and on the birth Certificate is states, “US Citizen Born Abroad.” She made a mistake and got pregnant by a Philipino man and they got married 2 days before she flew back to the United States and had her baby. The father sends no support, nor can be located and the rumor has it that he is with another woman now. We have seeked legal counsel and they are not sure, but as far as being under the laws of the United States she can supposedly file for annulment and or divorce for this terrible mistake she made. Sir, can you please help us find a solution to this problem, because we are so in love and want to be together as husband and wife forever.
Thank you sir,
TerryMD
Dear Sir,
I forgot to add they were married by a judge and nobody knows of this marriage except the 3 of us and what maybe on file there in the Philippenes. They seperated following the secret ceremony that day and have never spoken since which has been over 18 months ago.
Is it legal for her just to file for the divorce and or annulment here and send the court documents to the place the secret marriage took place? What about when we come to visit her family there, will the annulment and or divorce be accepted under the Philippine law?
The man who she mistakenly married at the last moment before coming back home to the united states has a violent past history of beating her and possible criminal background that she is not sure about, but he did get in numerous fights all the time there and is the type of man that would not be civil in anyway form or fashion if we came to visit there in around 4 years and he finds out that his son is now my legally adopted son in the united States. Would he have any legal grounds to dispute the adoption? I doubt we will ever here from him again anyway and any man that would not send any support, gifts, or letters to his son is not deserving to be a father in the first place in my opinion.
She was just young and made a horrible mistake, but have such a wonderful baby in this world that I have took up as my own and provide all the money to take care of him and treat him like my daughters from a previous marriage while I was in the Army as well, which my new fiance and I met there while I was on a mission in the Philippenes 4 years ago and have been together for almost a year now, but have not married yet, but plan to very soon depending on the information you can provide me.
I hope you can help us sir.
Thank you again,
TerryMD
Dear Sir,
I just wanna ask if i will file an annulment who will be the one to pay for it? Me who file the annulment or him cuz his still married to me but his having a baby with another lady, which is adultery?
Thank you
Marizzz
Dear Sir,
I really need your help. I got married january 2000 because my gf got pregnat, she gave birth to our baby boy April same year. And during the forth quarter of that year I was assign in HKG for about 10months. 5 months later my mother in-law called me up and told me to go home for an emergency reason. So, I didn’t hesitate to go home even my contract is not yet finish. When I got home I found out that my wife was having affair with other man. I was very hurt and I feel insult mypart but, I have nothing to do. I let her do whatever she want. And from that moment I didn’t asked her to stop or leave the guy. I came to Cebu to my branch office and concentrate on my job. And I heared that my wife gave birth from the guy she’s leaving with. The baby is girl and now using a family name of mywife not mind. And 2002 I found a girl and until now we are in stable status. I wanted to settle down with this girl but the mere fact I am a married man. I plan to file an annulment with my wife, Is there a big posibility if I file an annulment case that our marriage will anull? Please help me.
Looking forward to your reply.
Thank you
Just want to inquire about the declaration of nullity of marriage .. If the petition for the nullity of marriage is granted the petitioner can still re-marry?
What are the procedures in the declaration of nullity of marriage and how long is the process?
Thanks …
Guys, sorry for the delayed reply…just busy with cases and the elections. Anyway, here goes:
Joshua, please read this post.
TerryMD, start with her birth certificate and/or passport, and check her nationality. Then read the related articles in this Forum, such as this one or this one. I’m terribly sorry I can’t go into any details of your query because that would be tantamount to giving a legal opinion, which, as you may have known by now, we don’t do here.
Marizz, under the rules, the petitioner (the one who initiates and files the petition for annulment or declaration of nullity) pays the filing fees. There are, of course, other alternatives…something which you have to discuss with your lawyer.
Aaaa1234, it really depends on the circumstances, something which I can’t pursue asking questions because of the absence of an attorney-client relationship (which is the reason why we can’t give any legal advice here). Nevetheless, in general, and as you may have read in other related posts in this Forum, infideliy is not, by itself, sufficient ground to annul a marriage. Many use Article 36 (psychological incapacty), but that is something that you have to discuss with your lawyer. Good luck.
Dark_kent, of course, both the petitioner and the respondent can re-marry. As to the procedure, please refer to the prevous post on Steps and Procedure on Annulment and Declaration of Nullity of Marriage (click here).
Hello I have question I been married to a japanese national in 2001 then after that i lost communication with him in 2002, then 2006 i got a divorce letter from him , then I got remarried to an american in 2007 , the process i done in the divorce is the certificate I got from my ex is written in Japanese , so i go to japan embasy in manila and pass it and then they gave me a divorce certificate from then i get it authenticated in DFA , then in manila city hall , then city hall send copy to the local municipal which the married held, then the local pass it to NSO for me get a marriage certificate in my first marriage with the annotation on it.And after 3 months of waiting the NSO want me to go there in person , my question is that what could be lacking in documents for the divorce ? i thought in article 26 I am applicable since my ex husband is a japanese , do i need to get a court finality here coz the marriage took place here ? pls help me coz my petition is on process and I cannot get my surname change into new married name unless i get the NSO copy of my old Marriage contract with the annotation of divorce on it , If ever i will need a court finality how long it will take to get it?
I have friend here in Dubai. She’s single and fall in love with a married man whose wife is in the Philippines. I can see that they really love each other. But since the guy is married, they decided to wed in a muslim rites, meaning, they converted to muslim.
Since in the muslim law, the guy is allowed to get married as many as he can as long as he can feed his family.
They have now a baby and their relationship is still intact, getting better everyday.
The wife already knows about their relationship, at first she got mad but as time goes by, go on with the flow. She just told the guy that he needs to give something to their son monthly.
They guy still regularly go home in the Philippines every two years to be with his original family and come back to his family here.
Though everything seems fine, my friend is still afraid that one day the wife will just file a case against them.
My question is, is it possible that the wife can file a case to them?
what are the circumstances?
How about the baby of my friend, will she be legitimate?
My friend is already using the surname of his husband when she change her passport.
Please enlighten me, I want to help my friend…
Thanks
Atty. Fred,
I would like to know if my bf should get a divorce or annulment or both. We are considering a church wedding but we want to know the legal action we have to take.
He is a Filipino citizen who married in a civil rite in 1991. He and his wife separated after a year into their marriage. He currently lives in a foreign land and has been a naturalized citizen of that country for more than 10 years now. His wife is still residing in the Philipines.
What is the best step to take? Thank you.
Greetings in the name of the Lord!
I just want to consult you about separation or annulment.
I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?
Please advise… Thank you so much
I would like to seek a legal advise regarding my husband who is mentally incapacitated, can i file a legal seperation? We’ve been married for almost 7 years, having him treated at different hospitals in psychiatric department. He’s condition as per doctor’s advice is incurable, he’s suffering from schizophrenia. My son’s life and I tends to be sometimes put in danger. Is there a chance to have our marriage be null and void? Do i have to file a case for this? I was not really informed of his situation before we got married, it was just 3 days before the date of our marriage that i was able to feel somewhat unusual of his behaviour and his parents and sister just inform me that he’s just suffering from a nervous breakdown. After we got married, i was not convinced with their opinion and I together with my husband consulted the help of a psychiatrist only to find out that he’s condition was incurable and requires lifetime treatment.
Irene, please check the discussions in this related article (click here).
Jen, I’m terribly sorry that I can’t give you any legal advice, which is what you seek. We’re prohibited from doing so. We only give legal information, not legal advice. Anyway, there’s a discussion about that in the “comments” in a related article (click here).
Myagem, I guess your question is sufficiently addressed in the article. Please check the portion on Article 26 of the Family Code. Good luck.
Macel, there’s no such thing as an automatic annulment of marriage, at least as far as the Philippines is concerned. In fact, even if there’s a ground for annulment, a court order must first be secured for purposes of remarriage. Further, note that there is a distinction between de facto separation (or separation in fact), and legal separation. Either way, you can’t remarry.
Jannette, like the case of Jen (above), I’m terribly sorry that I can’t give you any legal advice. Nevertheless, if you look at the grounds for annulment in the article, there’s a provision on insanity; note the proviso. I suggest you use the search function at the right sidebar.
Greetings!
I was married for about 6 years but after giving birth on the first year of our marriage i immediately worked abroad until now.We have 1 child who is in the care of my parents and sometimes of his family but right now My husband is already living with another woman and has already 1 child.Can i possibly be granted an annulment in case i file one?Can i eventually remarry?Generally, how long does an annulment process take place?
Hope you can help me with these.
Thank you so much and more power!
Godbless!
Good Day Atty. Fred. The court has already issued entry of judgment and in fact i have already registered the document to family court, place of marriage and NSO that certifies marriage was declared an absolute nullity. All i need is the decree to be registered in same manner. Can my fiance and i get a marriage lisence already for our planned wedding?
my annulment lasted one year and 2 months only and i spent 80k only
Eve, if your petitition for annulment is granted (just like Josie), then you’ll be able to remarry. As to whether there are sufficient grounds to support your petition, that’s something you should properly discuss with your lawyer. Just note the general guidelines discussed above and in the related topics in this site (like this or this; please see the right sidebar for more information)
Josie, as long as the procedure discussed here are complied with, there should be no problem.
Hi Atty. Fred,
My marriage was done in negros. If I’m going to file an annulment it should be also in negros? How long the procedure and how much the cost?
Hi Josie,
In what province you filled your annulment case? Is the 80k net/net total amount spent? or only for your lawyer? Please help. Thanks
Genesis, the case is generally filed where the petitioner is a resident for the last 6 months (please read here). It could last an average of 1 year, but it may be lesser or more depending on contingencies. The cost depends on your lawyer.
Genesis,
we were married in cebu but i stayed in Iloilo for 3 years before i filed the annulment. 80k was the gross because our ground was absence of a valid marriage lisence. which is why it was faster and lower cost.
hi i hope you could help me out. Im married for five years and has five kids. I wonder if my reasons woud be valid enough for legal separation.
year 2004 - my wife went abroad for neary a year. when she came back, i learned that she had an affair abroad, and she admitted that they had sex every chance they had. She wanted to step out of our marriage then but i struggled hard to save our family. if hadn’t got her pregnant then with our 3rd child, she must have gotten back abroad to live with her other man. since then, our relationship had not been the same. we fight everyday, it was totally tiring.
few months after she gave birth, she flew abroad again. I can’t help myself from getting paranoid she might do the same thing again.
I had a relationship with a peer, and now she’s pregnant. My wife learned about this and went home at once. She keeps on threatening she will sue us. She even swore she would hurt the girl when she sees her so our baby would be put to danger. I still live with them, but our fights are getting worse. i feel she was getting more abusive. she’s violent, hurting me and living me scars and marks, but i never hurt her back.
just want to correct my statement. i have THREE kids not five.
sorry
Dear Atty. Fred
i just want to know what are the requirements for filing legal separation, what is the procedure (or the process)and how long it will take. is the legal separation will be reflected in the record with the NSO?
thank you Atty. for your reply, appreciate it.
helpneeded, I’m sorry to hear about your predicament. Since you’re simply narrating, I assume that you just want some venue to purge the matters that are bothering you. Good luck.
Dang, I’m going to post the rules governing petitions for legal separation (ok, posted already; click here). Good luck.
Dear Atty. Fred
i have another question…can i still file or use legal separation even if i’m nine years now separated with my husband. And are you allowed to represent anybody in the court if someone is interested to hire your service and where they can contact you.
thank you very much again.
oppss…one more thing atty….sorry…. what is the meaning of distinction between de facto separation and/to legal separation.
thank you very much again.
Dang, de facto separation is the mere act of separation between the spouses, without any court order. Legal separation requires a petition to be filed and approval of the court. In de facto separation, the property relations between the spouses remain, and each remains as an heir of the other. These are the basic differences.
Please click here for our contact details. Thank you.
I was married for 4 years now. I found out that my husband is having an affair with someone. They have been together for 6 years now. I have been a battered wife. I don’t know what to do right now. Please help me.
hi. im melissa..ive been married for almost 3yrs now..im an american citizen …i was born in the united states… im half pinay…i married a filipino.. in the philippines… but we seperated..and i want a divorce or annulment which ever.. wat do you think i should do? im not sure if divorce is recognized sa pinas.. if i file for divorce here would it be recognized sa pinas? please help me…. thank you
Dear Atty. Fred,
I married to a muslim in Pinas sa civil court. Pwede po bang mag-apply yong asawa ko ng divorce sa Shara’a Court kahit sa civil court kami ikinasal? at valid din ba yon sa NSO?
Dear Atty. Fred,
My wife and i filed a divorce in Dubai Court on November 2005 beacuse my wife converted to Muslim. After several appearance in the Court they granted our divorce. My question is, can i file for annulment in the Philippines due to difference in Religion? Is the divorce granted by Dubai Court can help us in speeding up the process of annulment?
Thank you.
Deat Atty. Fred,
I’m 9 yrs. separated from my husband (9 yrs. rin na walang financial support ang kids namin mula sa kanya). How can i get a Separation Certificate and where to go, i need a separation certificate para sa pag aabroad ko, isa kasi iyon sa requirements ng embassy.
Maraming Salamat sa ibibigay mo information attorney. God Bless!
What if a couple, both foreigners, got married in the Philippines and after some years, unfortunately, amicably decided to have a divorce in their country were divorce is allowed, would this divorce be recognized in the Philippines?
The foreign spouse filed for divorce overseas and the Filipino spouse received a “Notice of Entry of Judgment”. Does this mean that the divorce has been granted? If so, does it also mean that the Filipino spouse is free to remarry and may not have to file for anulment?
Folks, may I make a suggestion: please use the “search” function at the right sidebar. Many of your questions are discussed either in other posts or in other discussions.
Blue_raven, I believe there’s are support or counselling groups for battered wives. They can help you. I’ll try to see if can some contact details.
melissamae, someone who’s born in the U.S. is not necessarily “half-Pinay”. If you retain your Filipino citizenship, then the discussion in the post may apply to you.
zradjail/Nap, I’m sorry but really can’t answer your questions because I’m not that familiar with Muslim law. I’ll try to give some insights when I get free time to research. Schedule right now is just loaded.
MariaContra, as stated above, your first question is discussed in the poast above and the related posts. On the other hand, the “Entry of Judgment” could refer to a judgment which DENIES the petition for annulment/declaration of nullity of marriage.
Atty Fred,
nakalimutan ninyo po iyon question ko sagutin. How to get separation certificate because me and my husband are separated already for 9 years. I need a separation certificate but i dont know how to start and where to go.
thank you for your help attorney.
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?
hi! i ned advice pls…..i am an ofw, i havebeen amrried for 1o yrs and my family(my wife, kids)live in the hometown of my wife,thats why nobody told me that my wife is cheating on me,i work hard to give good life to them,until a friend of her told me about it,i aksed her i nshe confess, right now am working abroad coz i need to,tehre are loans that she made that i have to pay,i want for sure to have m yfreedo mand find someon wh osi worth loving legally,what will i do? will all my assets that i work so hard will be divided for between me and my wife?pls help me…can i remmary again?how long and how much will it cost?can i start filinng for annulment on adultery grounds while am stil lhere abroad>pls help me..
thank you
Atty Fred,
Is there a way that anybody can get a CENOMAR file from the NSO. This is with regards to my brother again who received a threat from her friend that as soon as she gets all the requirement and information she will file a bigamy case against him. Is is true that anybody can file a case by information to the court? How long will it be when they file a petition? Thanks and I will wait for your response.
CENOMAR
It seems that any person may request for a CENOMAR. Unlike a request for a birth certificate, application for CENOMAR does not require that the recipient be the owner of the document, or his relative. For online application, all the requester has to do is to supply the necessary details in the application form (i.e., name, date of birth, place of birth, etc., of the document owner), and that’s it. Delivery is on the way!
BIGAMY IS NOT A PRIVATE CRIME
Bigamy is not a private crime, but a public offense. This is saying that any person, not only the affected parties (i.e., first or second spouse or their relatives), who come to know of the same may file a complaint therefor.
PENALTY FOR BIGAMY
Under the Revised Penal Code (RPC), the penalty for bigamy is prision mayor. This means that a person convicted of bigamy could be sentenced to imprisonment that could ranged from 6 years and 1 day to 12 years in the maximum, and to a minimum term of let’s say, 4 years, on average.
NO PROBATION
Convicts of bigamy is not eligible for probation. Offenders sentenced to serve a maximum term of imprisonment of more than 6 years is disqualified for probation under The Probation Law of 1976.
TIME TO FILE AN ACTION FOR BIGAMY
The issue of prescription of an action for bigamy could be an interesting point of discussion, particularly if the action is filed by a third party.
But just to put the law plainly, the rule is, since the penalty for bigamy is prision mayor, an afflictive penalty, the action prescribes 15 years (Art. 90, RPC). This 15-year period starts to run from the day on which the crime is discovered by the offended party, the authorities, or their agents (Art. 91, RPC). Putting it simply, a case for bigamy must be filed within 15 years from the date of the discovery of the crime.
(I said the issue is interesting since the law does not seem to readily address a situation where complainant is a third party. I.e., How the 15-year period is to be counted? From the discovery of the offended party? Or, of the third-party? Hmmmm…)
Opinion only.
Caveat lector
My husband, a US Citizen who is born and raised in the USA and whose legal domicile is in Rancho Cucamonga, Ca, and I, a Filipina currently residing in the Philippines, had met and married in Okinawa, Japan in September of 1999. Our marriage had been registered both at US and Philippines Consulate respectively. In March of 2001, I went home to Philippines after knowing of my pregnancy. Little did I know that it will be the last time I will ever see my husband. In December of the same year, he stopped communicating with me. I can’t reach him by phone and he won’t respond to my emails. Later, I learned from a common friend that he had gotten a 17 year old army brat pregnant, and this fact was also confirmed by my father-in-law, who by that time I had a constant communication with through emails. A few years passed and my son is growing-up yet we haven’t heard from him nor have we received any child support, although I send him emails and pictures of our son from time to time. Then one day, I accidentally discovered his website with a link to his girlfriend’s site. I learned from her blogs that they had been living together since they went back to the USA in 2002 and indeed, had a daughter born about May of that said year. Also, they got married in July of 2007 in California and is now living in Arizona, yet, I haven’t got any divorce papers or any legal papers saying our marriage has been nullified or void. I’ve done numerous attempts to ask for divorce and/or be served my divorce papers but to no avail. My questions are:
a) Is there any way that he had filed for a divorce or annulment without me knowing it? How can I find out?
b) Even if I’m in the Philippines , can I file a case for bigamy and/or concubinage against my husband and how?
c) Can I also obtain help re: child support and custody?
d) If I file for child support, he might fight for custody, what are his chances of being granted the custody of our son after being a dead beat Dad?
e) Is there a lawyer who can help me with my case for pro bono? I don’t have lot of money right now and I am hoping that we can be able to squeeze a lot of cash out of him if we can be able to establish a good case.
f) Thus, this leads to the ultimate question: What should be done?
Thank you very much for taking the time to reply.
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?
Dear Atty,
Please could you advise me on the following:
J is a Filipina who was married to B a Filipino but separated from him. They have a daughter by their marriage. She never obtained an annulment.
Subsequently, in 1998, she married me, British, in the Philippines.
We went to live in Britain & she was granted British Citizenship in 2003.
J then admitted to me that she had not in fact got an annulment to her first marriage. This caused great friction in my relationship with J.
I have now met another Filipina with whom I wish to have a longterm relationship. She rightly insists she will not do so with a married man.
It seems to me that my marriage to J was null & void from the beginning.
How do I obtain a court order declaring my marriage to J as null & void? How long will this take? How much will it cost? Do I and/ or J need to be in the Philippines to obtain this?
I don’t wish J to run the risk of a charge of Bigamy. Is such a charge avoidable?
Also, I don’t wish her British Citizenship to be put at risk.
I am not seeking any kind of ‘revenge’. I just wish to prove that I am legally single so that I can pursue my new relationship.
Please could you offer me any advice? I’d be very grateful for a reply. Thanks.
needs help please,
I’m here in the US as lawful permanent resident,working on a state institution.I was married in the Phil. last Feb 1997 and been abroad since 2000.Due to unavoidable circumstances,i filed a Divorce on my wife in the Phil, and was Granted here in TX by virtue of default.I have 2 kids with her and gave them the alimony almost 900 dollars every month.She asking me if we can settle the score thru annullment so we can be both free and be legally single when i decided to go back in the phil for a visit.I don’t know the process on this and she told me she knows a lawyer that can help us as long i gave her the money to file for it.Does divorce be recognized on my case if i turned naturalized US citizen by next year?,And be allowed to remarry again here in the states?What should i do?
Dear Atty,
I have posted early in one of the forums but cannot find it that’s why I would like to post it here again.
I have a friend who was married to married man. She was told that he had his first marriage annuled but later on learned from he in-laws that no annulment took place. After having the courage to leave him, she left for abroad to work and after sometime got enough money to file for annulment. She filed in 2003 and was told that the court has given its decision and granted annulment to her. Unfortunately, the case still lies with the Office of the Solicitor General and its now been 4 years and the the Solicitors general office has not decided yet whether to appeal or deny the case.
My question is, if the court has already granted nulity why does the Solicitor’s General’s Office need to appeal or deny my friend of the final verdict? Can the court decision be used as a proof of annulment even without the decision of the Solicitor’s General Office? How long does this usually take to get the decision? Is there a possibility that the Office of the solicitor General deny my friend of the decision?
Thanking you for your time
Dear Atty,
Just a follow up question. What would be applicable to my friend? Annulment or declaration of nullity, if there is in fact a diffence in the usage? I have another friend who had an annulment but it only took 2 yrs. As I am reading in the first part of this page, it says that there should be court declaration for a marriage to be null and void so why does the Office of the Solicitor need to appeal on this case?
Much obliged
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single???
Atty. Fred.
Please Help!
This is the situation:
Woman A and Man A had a daughter even before they got married. Within their two years of marriage Woman A had an affair with Man B and decided to leave her husband (Man A), and took their daughter. Finally both parties sorted to separate physically. Until now Woman A is still with Man B and she is having his baby (5 months).
The question is:
Man A wants to file for annulment. What would be the possible grounds for this case? How long will it take?
gerghie, if you’re referring to a de jure separation, you need a court order. A petition must be filed in court.
MariaContra, as discussed in the articles in this site, our laws on marriage, in certain cases, respect and consider foreign laws. This “respect” includes a divorce secured by a foreign spouse abroad. However, the fact of divorce is NOT automatically recognized here in the Philippines. It must be recognized in the proper court proceedings.
Alexsha, I’m sorry, but I can’t give any legal advice with respect to the merits of your case. As to your other concerns, you may have glossed over the last Q&A above. The duration of the petition varies - it may take one year or less, and it may take more than a year. The cost depends on the lawyer that you’re getting. It may cost you around a hundred thousand.
Bitelnut, I suggest you go to the Public Attorneys’ Office (PAO) or institutions that provide free legal aid (like the IBP, or law schools that have legal aid programs). Please discuss your concerns with them, as there are definite remedies for each problem.
Enquirer, you may have noticed in this post (and others) that legal advice is not dispensed in this forum. I hope you understand.
Batmove, please read the article again, because your concerns are definitely discussed there. Please also check the related article on Annulment and Divorce in the Philippines (click here).
Kakay, I believe I already answered your questions in your other post. As to the difference between “annulment” and “declaration of nullity”, maybe you glossed over the discussion in the Q&A above.
Sweetest, please see the answer in your other post. Thanks.
hi there! i’m a single mother and i have a bf in the philippines which is still married but seperated already about 7yrs ago.My bf filed annulment last july 2006 and until now we still waiting for the results.It is ok to file a petetion for him as my fiancee eventhough he’s not annuled yet or we still need to wait until he gets annuled?Pls. help me im really confused i dont know how many more years to wait for the results of his annulment.
Dear Atty,
I have the finality and the court decision na po for my annulment. What are the next steps? My lawyer is not good.
Also, I read in your post that I need to register the finality and the court decision to the court where the decision was granted and to where the marriage happened. AFter that whats next?
And ung sa NSO po. San pong NSO dapat iparegister ung annnulment? Where i got married or sa Main NSO?
Please advise. Thanks!!
Jenron, it may be better to wait…unless someone can say it’s the other way around.
Shyne, in deference to a brother-in-profession, I’d urge you to reconsider your statement that your lawyer is not good. In fairness to him/her, he/she was able to assist you in securing a favorable judgment. I’d like to believe that he/she can answer your questions =)
sana nga po eh.. pero grabe sya.. he is not even professional when he is dealing with me. Pero I didnt have a choice since I signed him up. Prosecutor kse sya and he told me that he has a law ofc, pero un pala he just paid some lawyers to appear every time na me hearing. and I even told him about the new ruling on annulment that was approved last March 2003. He doesnt even know anything about that. Ang tanda na nya pero bastos sya makipagusap. I just need the Decree of Annulment from him. Other than that bahala na sya.
I asked him the same question and he doesnt know the answer. Hope you can help me. Thanks
My wife left last 1984 and since then I have never hear from her. I don’t know her whereabouts. All I know is she’s staying somewhere in Mindanao. I wanted to file PRESUMPTIVE DEATH OF MY ABSENT SPOUSE. I’m thinking of marrying someone, Is this the right course of action?
Thank you for the reply atty. Fred.My bf lawyer told him that its gonna take only less than a year at maaannul na daw cya,just pay the whole amount kaya binayaran nga ng bf ko the whole amount.Sabi ng lawyer mga 5mtnhs or 6mths maannuled na daw cya pero almost 1 yr na nagkaroon daw ng problem sa mga papers work.Sa palgay niyo ba atty. niloloko lng cya ng lawyer niya kc binayaran na niya lahat ang lawyer.Pls helps us nmn kung anong gagawin namin kung magpapalit nmn kami ng lawyer masasayang lng un binayad namin at panibagong hintay n nmn pls give us some advise naguguluhan na po kami…thank you atty. ilan taon ba talga ang kelangan hintayin para maannul?Pls reply
Shyne, you can read the answers in this article -
https://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Deesian, it may or may not be the best option, depending on your situation. I’m saying this because legal advice, aside from the fact that it is not allowed here, is properly formed based on facts. This is done through discussions with your lawyer. There is a discussion on presumptive death in this site and I guess you will have an idea on the pros and cons after reading that article. Here’s the link -
https://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-7845
(I believe, though, that you’ve read that article because you have a comment there).
Jenron, as stated earlier, there’s really no fixed timeframe for a petition for annulment or declaration of nullity. It could take months or years to finish, depending on so many factors. What you could do is to ask your lawyer for a copy of the case file (you should have it in the first place), then go over it. You’ll have an idea what happened by reading your case file. Good luck.
Dear atty,
I hope u can give an advise to me. Im married until now but physically separated. I’ve been married to him last dec.2003. but before that we been living in together we have a daughter too. we just got married coz my daughter will start her kinder and my family wants us to get married. actually its a forced married coz my eldest brother thraten me if i dont marry within that year he will kick us in the house. they said its not gud to to look if were just living in.so we got married, after a year we got physically separated. he didnt support our daughter since we separate. and now i have bf and willing to marry me the problem is i dont know what grounds i can get to start the annulment. he has girlfriends to rytnow my brother met his girlfriends and told his girlfriend my brother is his cousin. atty, do u think i am capable of getting an annulment and if i do how much money do u think we will need. Hope u can advised me im very confuse and depressed. thank u so so much in advance.
Atty.Fred
Good day!
im a filipina and im 29 years old now and have 2 kids,im already separated from my husband for almost going to 5 years now since december 2002.I planned to work abroad and i wanted that only my kids will be my benificiary already not him anymore,since we been separated he dont even make a move to reconcile with me or nor give a support for the kids not even a cent,im not looking forward from the support , i left him coz he wasnt working, he just depend from his parents and he still looking with other girls and i cant stay longer with him anymore so i decided to left him with my daughter and i was pregnant that time with our youngest at that moment ( december 23,2002)and go home to my parents.so now atty. im asking some help and advice do our marriage will be annuled?What i have to do about it. ….
hoping for your fast response about my problem.
Thank you and more power to your column.
Repectfully yours,
Celestine
If my annullment through presumptive death of my absent spouse granted, will my subsequent marriage be null and void if my absent spouse reappear ?
Pinksoda, as to the support, there are remedies available to ask for support. If you can’t hire a private lawyer, please try going to the Public Attorney’s Office (PAO) to get assistance. You might as well discuss with them the facts to support your potential case for annulment / declaration of nullity. Your lawyer will have to assess the entirety of your story to see what ground you could use for the petition. I can’t solicit those facts because, as you may have noticed in the posts in this Forum, legal advice is prohibited here.
Pookybear, thanks for the kind words. The response for Pinksoda above also applies to you. I also suggest you read this article (as well as the related articles…you could check the right sidebar for “Related Posts” or use the search function in this Forum) -
https://jlp-law.com/blog/divorce-annulment-philippines/
Deesian, you can get the answers by reading this post:
https://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/
Good luck and God bless, everyone.
hi atty fred! im an ofw and i was away for 3 years now.ive read that i can file an annulment eventhough im away.i dont have any communication with my x husb anymore for 7 yrs now and ive learned from a common friend that he had his own family now and had a kid.i want to know where can i file an annulment and how long will it take?how much am i going to spend?we had a son and my son lives with my parents back home.im supporting my son alone.thanks and hope to hear a reply fr u soon.more power and God Bless
Gezzy, your question as to where you could file the case is addressed by the last item in the Q&A above. You could also read this related article:
https://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
atty fred, my name is ann.both of us were muslims.and married in muslim rights.we were both agreed to get separated . and ask him to file for divose in USA. he’s been there for 7 years now. i wanted to go to USA and work there and get my own citizenship. my previous lost passport is with hes name on it. now i wanted to apply as single and changed hes name on my passport. is that possible?
follow up question: where can i file my judgment of absolute divorce? here in the philippines.
Annfrans,
There are a number of options under the Code of Muslim Personal Laws of the Philippines (P.D. 1083). This is not a legal advice and, of course, you have to consult your lawyer to determine which one is applicable to you.
1. Divorce by Ila (vow of continence by the husband). Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing (Art. 47).
2. Divorce by zihar (injurious assimilation of the wife by the husband).
3. Divorce by li’an (acts of imprecation). Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li’an). (Art. 49)
4. Divorce by khul’ (redemption by the wife). The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul’) from the marriage bond, petition the court for divorce . . . (Art. 50)
5. Divorce by tafwid (exercise by the wife of the delegated right to repudiate) (Art. 51).
6. Divorce by faskh (judicial decree). The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds:
(a) Neglect or failure of the husband to provide support for the family for at least six consecutive months;
(b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year;
(c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code;
(d) Impotency of the husband;
(e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family;
(f)Unusual cruelty of the husband as defined under the next succeeding article; or
(g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali.
Atty Fred,
I am 17 yrs separated to my ex Japanesse, one week after the marriage that we were together he went back to Japan because of his work, knowing as we planned I was to follow him there within 2 months as I was waiting for Immigration to approve my visa.
During that time I was suprised to recieve a phone call from him saying that he is no longer waiting for me as he had heard that in the Philippines papers are often fabricated for a cost, which he told me that the marriage is not legal, no matter that I told him the marriage is legal but if he did not want to be married to me anymore then he can do the right thing for me and come back to the Philippines and get an annulment so that I can be free to get on with my life and if later on I find someone special then I will be free to marry again, as I think that is the least you can do for me.
His response was its up to me as he is not interested and it doesn’t affect him since the marriage is not registered in his country, and with that he hung up the phone.
After sometime when I had calmed down from the shock of his treatment to the marriage i decided to try and talk to him again, but only to find out the phone number no longer existed, and he had moved. So after many months of trying to track him down without success I became so disillusioned that I gave up trying to find him.
The reason it is effecting me now is because I have met someone whom I want to spend the rest of my life with and as he lives in another country but has put his life on hold to come to live with me for 1 year as his Immigration states that the least you can have to move to his country is living together and marry within the 9 months the visa is given.
So as you can see after getting married and actually only being together for only one week under the same roof before he went back to Japan it has been a hefty price I have paid for the last 17 years and even more so now as I have finally a chance at true love and happiness which I think I am entitled to now.
Now my question is if I will file for abandonment which I have been adviced to do since it was him that left me, will I still get the same entitlement as an annulment would? meaning will it show the like to an immigration department that I am now single and free to marry as I need this to show so that I can go and marry my partner in his country?
Thank you for any helpful information you can give me as well as an estimate of how much will it cost for an abadonment, aswell as the cost of an annulment if need to be done that way.
Again thank you very much, hoping for your reply.
Yours Sincerely,
Dana Melissa
Atty Fred,
I would just like to ask two things, first is how long does it normally take for the judge to issue a decision on the annulment case (2 months, 3 mos.)? Second, what does it mean by the final decision to be reflected in a publication “of general circulation,” does this include national dailies or is it limited to notices posted in RTCs?
I am waiting for the decision of the RTC judge on the annulment case filed on me after receiving the notice last May 22, 2007 that the case I’m into has been set for decision. By the way, all throughout the case i have never made any single reply nor appear in any of the meetings and hearings since Oct. 2006.
Thanks very much in advance for the enlightenment on this regard, keep up the generosity.
White
Danna Melissa,
I’m sorry to hear about your predicament. Abandonment is a ground for legal separation, not annulment. Even if the petition for legal separation is granted, the petitioner CANNOT remarry because the marital tie is still legally existent.
White,
I couldn’t possibly give you a definite perod for a judge to “normally” issue a decision in an annulment case. It could be a month or it could be a year, depending on the court’s docket (and other factors). On the other hand, In case service of summons was made by publication, notices posted at the RTCs does NOT comply with the requirement that in cases where the service of summons was made by publication, the parties shall cause the publication of the Decree in a newspaper of general circulation (the summons is normally served on the respondent when the petition is filed, but is resorted to when the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry).
Atty Fred,
Thanks a lot for your reply, to follow up on my question atty, if I will file for an annulment what grounds can I use? by the way atty it was Sept 10 when we got married, we were suppose to get a marriage license in Manila City Hall on that day but the Rev who solemnized our wedding said before that we can get married right away at the same time we are getting our marriage license. the marriage license shown it was taken in Cavite dated November 11 can I use this as a ground for getting an annulment? if I am living in another country can I still file for an annulment from there? will you handle my case if in the future I decide to file for an annulment and could you please give me an estimate cost for this matter?
Thanks in advance atty I will look forward to your reply.
sincerely,
Dana Melissa
Hi Atty,
Thank you for putting up this site. I’ve been online for many years now and I’ve searching for the right forum to seek help on my rather complicated sistuation. Hoping to get the right answer this time.
========== About my problem ===============
When I was down South of the country in ‘93 finishing my short stay, I fell in love with a girl. I was 21 and she’s 19 that time. Despite my knowledge that she’s “an alaga” of a top ranking PNP official there at that time I hooked up with her.
I knew I will be sent home by my employer to Manila soon so I offered her “marriage” for her to escape her married sponsor (she’s a “PNP scholar” as I may put it.) Her parents didn’t know of our plans because they’re in favor of her sponsor. The whole townfolks know about my girl’s affair with her sponsor so the only escape is to marry somebody like me who is new and not from that territory.
She took my offer seriously and I was already trapped with my own silly plan. So she fixed our wedding on the day I’m finally set to leave. I thought she wont make in time to arrange for the civil wedding. She faked all the signatures and what have you to get the wedding done. It was a quick wedding and I took my plane.
When I arrived in Manila I was expecting a call from her but didn’t hear from her ever again. I gave her my contact number but not one call or letter.
I don’t know where she lives now (or then). Don’t know her parents address and don’t know how to contact her.
The record at NSO says I’m a married man. I tried contacting my “wife” on the address on the NSO photocopy of our Marriage to no avail.
How can I fix this? Our marriage for 14 years was not “consummated”, is it still valid? Can I marry my current girlfriend and assume no responsibility with my former marriage?
========== About my girlfriend’s problem ===============
My girlfriend now, married her boyfriend 4 years ago not realizing that the man is married to somebody else and has a child already. They separated on the same year that she found out about the first marriage and she did not file action against her ‘husband’ knowing that theirs can be consider null and void automatically without question.
Now she is being bothered by her ‘husband’ saying that his previous marriage got annuled.
Will theirs be automatically take over and become legal? What can my girlfriend do to win by technicalities?
Thanks for the help and more power!
Red Rooster
Red Rooster,
You may have overlooked the discussion in the post that for purposes of contracting another marriage, a previous marriage must be judicially declared as a nullity - even if that previous marriage is considered as null and void because of certain defects. In other words, you must file the appropriate petition in court. This seems rather absurd, I know, but the law is the law. As to the exact ground(s) for annulling your marriage, please discuss that with your lawyer as he/she would be in a position to render legal advice (I’m sorry if we can’t give any legal advice in this Forum, as this is prohibited). Nevertheless, tell your lawyer about the falsified documents, as this would be very material to your petition. Good luck.
Dana Melissa,
Yes, you could file the petition even if you’re abroad. Please let us know if we could be of any help in the future. Good luck.
Atty Fred,
Again thanks alot for your early reply,
could you please give me what cost is involved in getting an annulment done so I can start to organise financially
your sincerely,
Dana melissa
Dear Atty.
Is it normal to wait for the final decision from the Sol Gen. having the decision of the court released from 2004 and until now the Sol Gen have not pass its decision with regards to my friend’s annulment case. My friend’s ground for annulment was that her former husband was already married and never been annulled to his first wife. She filed for annulment in 2003, the court granted the annulment in 2004 and yet the final decision from the Sol Gen has not been given yet, is this normal. What are the documentations for which my friend can ask from her lawyer to ensure that the later have trully filed the case and truly there was already a court decision for this.
Best regards,
kakay
Kakay / Dana Mellisa,
I believe both of your concerns are addressed in another topic in this Forum - here. Good luck!
hello there…i am so much interested in this issues that you are providing us,in such a way we ourselves are so much into it.My case is really petrifying because i really want to end my marriage with my husband wich is I really don’t know where to start and how to do it.He is alcoholic and a weed user which really caused me to worry so much and I am here in canada now that I eally hear issues about him which really petrifies me.We have a 7 year old son and is leaving with him together with my inlaws.I went back home for two months there in the Philippines lately Feb-April and it is really so disturbing because when he is drunk and get high with drugs-its very uncosiderrable in my side and very much unfair on my part.The main point here now is I really want to end my marriage with him-boldly and legally,but I just dont know how to start.This has been the problems that occurs me since the beginning,I married him because there is a sexual affair happens between us which we end up get marry but as my father had told me before that it is very wrong to risk the capacity to decide that way.If you could consider my situation and give me some advise will be very much valued and appreaciated.Thanks and more power.
part two: We have been married for more than seven years,I am a woman who really values the power of being submissive to my husband with all of my heart and soul supposedly but our situation really can’t keep me to live in this situation anymore and it is unbearable.I really feel I dont love him anymore and that is why there is no point keeping me to save this marriage work out.I tried so hard to keep our marriage but I am so much decided now to end it.I can no longer take risks in the future,me being not there is very much disturbing.Me being here abroad, I almost get derranged thinking about how to get off this mess.I am so much concerned to get my son out of him obviously.When I took my vacation there in the Philippines recently my mother-in-law even told me things which serves me as an encouragement to push thru in ending up this marriage”PLease be patient for now,never mind about him…all you have to do now is to think of your son’s future.You can get your son with you even without him”(that’s what my mother in law told me).We even try to talk to him to bring him to the rehabilitation center but he refuses.There are couple of times also that my husband told me that we should seperate.The thing he utters this words everytime he is not normal means he is drunk that when i get all these words from him.Which is for me very unfair because I want it to be done accordingly with legal process but not by words alone.He is very unaware of my plans.I am very persistent now that I must end this up before it is too late for everyone. My reasons are so clear that I can’t bear and I can no longer take any possible chances that somebody might suffer this in the end if we still continue this marriage.I don’t wanna risks any of our lives,especially concerning my son. I had observed that our son is getting so affected in this that he chills and very frightened whenever my husband is drunk and I really thought there must be something behind this that I don’t know and I don’t have any idea how is it going everytime because I was’nt there to witness everything.Please save my future and my son’s future from getting out of this very traumatic situation.Your advices I desperately need.Please do give me hope.THANKS again and MORE POWER.GOD BLESS!
Ronald_james,
It’s really sad to hear marriages not working out, but it’s a reality that happens a lot. You may be aware that we can’t possibly give any legal advice here, a limitation that we make clear so as not to disappoint our community members who are seeking legal advice.
I personally share your stand that all avenues should be explored to save a marriage, although there certainly are limits. If you want to get out of a marriage that, there are a number of grounds to choose from. This is something that is properly discussed with your lawyer, as he would be in the best position to decide what’s the best ground to seek an annulment or declaration of nullity. Moreover, there are options other than filing an annulment case here, as in the case of former Filipinos, something which you could read in the pages of this Forum.
In the end, it would be presumptuous of me to give any assurance to “save [your] future and [your] son’s future from getting out of this very traumatic situation.” This is something you should (and can) do.
Good luck and God bless.
atty. fred:
Thank you very and now I have hints how to get my queries in a way that it suppose to be.Well, so far I have read those grounds in the annulment and seperation coverage and have given me diversity of actions.It is sad that I do not know how to reach those people who can really make this steps posible for me.Is there anyone you know or colleagues here in vancouver canada whom you can refer to me?whom I can ask for counselling or to a lawyer whom I can make process my case?I will be going back to Philippines somewhat in April next year-is there any person whom I can collaborate with there?Such public issues like this is very helpful to the masses and I really value your time attending to us.You are one of a GREAT PUBLIC SERVANT!!More power!I would be always keeping in touch with all the answers to all of my queries,Thanks again in advance.GOD BLESS!
hi atty! i read article 26, and somehow it does apply to my situation. im married to an american citizen and got married in the philippines. currently he lives in kuwait with his mistress and their 1 yr old daughter whilst im here in london. my questions are as follows: 1. if he gets a divorce in kuwait, will our government accept that to legally end our marriage ties? (although he’s a us citizen, he hasnt been to the us for almost 5 years). 2. the more i read about the grounds on annulment and legal separation, it seems that our case inclines more towards legal separation (which i dont want) - earlier this year, he confessed to me that they got married somewhere in the middle east so that the child could use his name (child was born in the philippines), but later on divorced the mistress. I do not know as to what grounds i’ll file the annulment for. 3. how long does this process (annulment) normally takes?
thanks!
Pamela, the apparent unfairness of Art. 26 is that the Filipino spouse could not initiate the divorce even if the foreign spouse is doing things that would ordinarily be a ground for divorce abroad. This may be unfair, as it may be true that the foreign spouse is guilty of so many things that would considered as grounds for divorce (other than no-fault divorce). However, this “unfairness” is just a recognition of the fact that Filipinos are not allowed to get a divorce. Nevertheless, annulment or declaration of nullity may always be secured here in the Philippines, although it’s not as easy as divorce procedures. The fallback position is Article 36 (psychological incapacity).
I’m not really sure if that divorce will be recognized in the U.S, but perhaps we can post the information here should we confirm it. The rest of your queries are addressed in other posts in this Forum. Perhaps you can start with Part II of this Q&A (see the link at the last part of the article) or you could read further here:
https://jlp-law.com/blog/costs-in-seeking-an-annulment/
Ronald_James, will let you know if I find someone in Vancouver who could assist you (as annnulment may be filed even if you are abroad). Anyway, you could always call our office when you take your vacation in the Philippines.
Good luck to both of you.
thank you ever so much atty fred! hopefully, we could get confirmation as to whether a divorced filed or granted in kuwait will be recognized in the us or better yet in our country, especially in our situation that im a filipino citizen and he is a foreigner and that we live separately abroad.
pamela
You’re welcome, Pamela. Good luck.
Atty,
What are the three most common grounds among the 10 to file for Legal Separation? Do you have statistics or anything that could back it up? It’s okay, pag wala, just need the justification. Thank you! God bless!
atty.fred,
im maricel,22 years old here in korea. i was married to a korean man in the philippines.but now his planning to get divorce with me for only one day here in korea.but how about me is also my papers automatically annuled with him in the philippines.i am not yet a korean citizen here actually my husband didnt hesitate to gave my alien registration here..what will i do next?thats why when we go to the court i say no.my husband get angry with me for what ive done.i just said that they must give me time to think about that.coz im not so sure for my future to remarry again.how about my life i am so young for that matter.i am not sure what will happen in my future.pls.help me..i dont know what will i do next.i cant process my papers here because i dont have alien card here.
Atty.Fred
In my case …I marry a man I like but he doesnt like me. Im 7 yrs. older than him.That time dahil sa malaki talaga ang ang pagkagusto ko sa kanya ginawa ko ang lahat para may mangyari sa amin.Katunayan 2 beses na nya akong inayawan at iniyakan ko.Una ang totoo wala pa pala syang karanasan.Napatigil sa pag-aaral at natakot ng umuwi sa kanila kahit na sinusundo pa sa amin. Nagsama kami pero wala nga un sweetness.Pinagkatiwallan ko sya at palibhasa bata pa naubos nya ang savings ko sa kakagala lamang. Magaling syang gumawa ng kwento akala ko my trabaho sya un pala ang ginagamit nya un savings ko nun dalaga pa ako.Iresponsable sya… at lagi kong sinasabihan na walang kwenta at walang silbi. Nakatikim ako ng suntok dahil dun.Meaning atty fred nakasal ng walang pag-ibig.Nagkaanak kami ng isa at walang 1 yr hiwalay na. 1991 - 2007. Wala pa rin syang pagbabago tamad pa rin at irresposable. Mula ng magkahiwalay kami 4 na beses pa lng kami nagkita un ay dahil ako pa ang tumatawag kahit na malayo at busy ako…naghahanap kc ng ama ang bata.Year 2002 un huli na nakita ko sya pero hindi kami nagkausap. Pwede ko bang ipa annul ang kasal namin? Ayoko na pong kasing gamitin ang apelyido nya? Ano po ba ang mga grounds na puede ko isampa para mapa annul ko ang kasal namin. Nga pla atty. fred nagpakasal kami sa city hall… ang nagkasal sa amin sa natatandaan ko po ay hindi judge ewan ko po mukhang raket un…basta na lng po nagkapirmahan eh…Last wk ko lng po na tsek sa NSO at nakaregister nga.
Atty. pcencia na po… gusto ko na po kc na magkaroon ng peace of mind.
Rona
Rona,
Nakakalungkot ngang isipin na ang pagmamahalan, at ang kasal, ay nagiging marupok sa pagdaan ng panahon at mas nakakalungkot kung may mga bata - na wala namang kasalanan - na naiipit sa hindi pagkakaunawaan ng mag-asawa. Marahil ay iyong nabasa dito sa Forum na ang pagiging iresponsable ay hindi sapat na dahilan para pawalang-bisa ang isang kasal at kailangang tingnan sa pangkalahatan kung ito ay maaaring nasasaklaw sa “psychological incapacity” (but this is in general and may not apply to your situation). Kung sa city hall kayo nagpakasal, baka ang Mayor ang nagkasal sa inyo. Mas mainam na i-discuss mo ang mga ito sa iyong abogado dahil hindi kami maaaring magbigay ng legal advice dito. Ang ibang mga grounds para ma-annul ang isang kasal ay nakalista sa itaas. Good luck.
Maricel,
I couldn’t quite get what you’re trying to say. If you’re asking if a divorce secured by a foreigner-spouse is recognized here in the Philippnes, the answer is yes (as discussed in the posts here). Anyway, please visit the Philippine embassy or consulate should you need help with your papers.
ratatouille,
I’m sorry I have no hard data for you. I believe that data could be secured from the Supreme Court (if you get it, please share it with the rest of us =). Anyway, based on the cases we’re handling, Article 36 (psychological incapacity) is the most common ground used in having a marriage declared as null and void.
Atty Fred,
I hope you can help me.
I am professional engineer working as an OFW and have been married for 18 years. I have 3 kids, aged 17, 14 & 6. My wife is Manila with my kids. I have a strong evidence that my wife is having an affair with another man. And this has happend in several occassions (with different men) during our married life especially when I am abroad. Now that I cannot take it anymore and my kids are now affected, I would like to file a petition for Legal Separation against my wife using sexual infidelity.
I am concern about the safety, custody and continued education of my kids especially the eldest which is graduating this year. My wife, being so violent may harm my kids (lalasunin ko itong mga anak mo as she say sometime) when she finds out that a case of sexual infidelity is filed against her. My question is, upon filing this petition, can I get a provisional order from the court granting me custody for my kids prior to her summon and while case is being heard. Basis will be child safety, welfare, and continued education?
Once summon is served to my wife, can I immediately live separately with my kids in my custody while the case is being heard?
Can I take some of my properties, two (2) cars and land titles for safe keeping?
Your advise is greatly appreciated.
My wife is just a high scholl graduate, very rude with my kids and does not give regards to the future of my kids. What if the man she is seeing lately has a plan to harm me to take my place in this family.
Louie,
The specifics on your wife are not really necessary, partly because it’s better for the parties to retain the respect for each other, if only for the kids. Besides, we can’t possibly consider those facts because legal advice, as it applies to your situation, is not dispensed in this forum. That being said, let’s discuss general information.
There’s such a thing as de facto separation, which simply means separation in fact. The spouses simply decide to live separately from each other. Custody while the case is being heard is called custody pendente lite (just like support pendente lite). The custody of children is generally with the wife, although a child over 7 years of age may choose which parent to be with. For those below 7, the father must show compelling reasons to deprive the mother of custody, discussed here:
https://jlp-law.com/blog/basic-issues-in-child-custody/
Properties in possession of either spouses are always subject to the orders of the court.
atty,
my wife will be filing an annulment and will be using the pyschological incapacitated against me..pero nag usap narin kami regarding this matter sabi nya eto na raw ang pinaka mabilis na process ng annulment..my questions are; can i still get marry? coz i heard kung sino lang ang nag file ng annulment sya lang ang pwedeng magpakasal at akong pinalabas na masama just to have an annulment sa marriage namin eh wala nang chance makapagpakasal?at meron pa bang akong karapatan sa mga kids namin?
thanks
atty.fred
once again thanks for the reply…i have another question about our divorce here in korea..what if me and my husband together initiate the divorce and that divorce paper enclosed that my husband made the mistake so that we are going to take that divorce..Is it automatically accepted in the philippines?..MORE POWER AND GOD BLESS!!!!!!!!!!!!!!
I have a question to ask too. I am a filipino by birth but is an american citizen when i got married in the phil 3 yrs ago. My wife refused to come to the US. Instead, she went to UK. She is now living in with another Filipino who is the father of his 1 yr old son. I am filing a divorce in order to end the marriage.. I understand that i can remary in the Philippines provided i file a petition for recognition and enforcement of the divorce (filed here in the US)in the Philippine court. How long will it take to file and process for this petition.
I greatly appreciate any information you can give me.
Ilongranger, your concerns were addressed in your other comment.
Maricel, incidentally, we had a similar academic discussion over lunch some time ago. The law provides that the divorce should be “validly obtained abroad by the alien spouse.” The question is this - if it’s a joint petition, would it still be covered by Article 26? Let’s have a discussion/debate. =)
George, it should be a relatively simple process and takes only a couple of months. Good luck.
i have a question paano po ba ang first step s pag fi-file ng legal seperation. gusto ko po kasing mging legal na ung seperation namen ng wife ko. 2years n kmeng hinde magksma nasa side nya ung 1 anak namen. reason nia ky sya nkipag hiwalay dhil d n raw sya msya dhil di ko nbibigay ang mga luho nia sk mrame nakakakita na relatives ko n may bf sya. then ngayon po pregy n xia s bf nia nkita ko po n mlaki n ang tyan nia nung nag visit ako s knila pra mag bgay ng allowance s anak nmen. ang sbi ng kapatid nia dis coming october ang labor nia. gus2 ko n po mag file ng annulment para d n sya bumalik sa akin ska ayoko kasi na s aking surname ang gmitin nia pag sinilang nia ang anak nia s lalake nia. marameng salamat po god bless!!!!
thanks atty fred. do i need a lawyer to file for this petition? How much would it cost?
just a follow-up question. Do i have to be in the Philippines to file and process the petition? Thank you so much.
Good afternoon. I would like to ask how it will affect the case if the respondent for a “petition for declaration of nullity of marriage” does not answer the said petition but decides to appear for interview with the prosecutor and admits being in constant communication with the petitioner even after the filing of the case?Constant communication here means that husband & wife still see each other and talk almost everyday with some sexual intimacy involved on several occasions. However, petitioner has not withdrawn the case despite these recent developments in their relationship. Respondent, on the other hand, has not contested because she does not want any more fights between them especially in court. Please enlighten me on this matter. thanks & God bless!
Hi good day. Im a man who had a huge and terrible problem.if there is kind person here please help me. my situation is these. i had a gf in manila then i go to cebu to work there then i mit a girl then accidentally we had sex and for that she got pregnant.the girl is fertile and did not tell me about it.now she is pregnant.my family did no like the girl cause i we don’t know much about each other.my family and her family had already seatle.my family wants to fake the marriage.but they insist that there the one who will take care of it and processe the paper on their own city hall.so my prob is this i love my girl friend and i think im the loniest man in the whole world.marriage is to forever and ever.what id like to marry is my gf.and share my life wth her.we really love each other.i tell her the truth.and we really love each other much so we don’t know wht to do.i wnt to marry her.so im suggesting to give my birthcertificate and have a proxy of myself or i will go to his place so we could be married.my prob was i wnt to marry my gf first b4 its too late and that i may married the other girl which is i dont really love.please help me.my gf and i were crying everysingleday.i need a rush solution please help me anyone GODBLESS YOU.
and one more thing if im maried in the manila and and cebu.the prob is can they trace that ive married twice.
i wnt to marry my gf so the second would not be legal.its hard to marry the girl that you dont love isn’t it.please somebody help me.attorney help me.i nid an insant answer.my heart and my mind is sufferring. please help me im begging for a help.ill wait for the answers.GODBLESS YOU.
i dont wnt to be annulled please help me
Atty,
I had been separated from my husband since Jan., 1989 and he has been cohabiting with not only one but two women in separate places, one in Quezon City and one in Pampanga. He got three children with woman no. 1 in Pampanga but the woman had abandoned him last December 2006.
I have no regrets in our separation because of his womanizing ways. I didnt file for annulment because my salary cant afford it neither he because his income is not enough to support me and my two sons and his women. Fate was unkind to me, the office I worked for since 1993 closed due to bankruftcy last year. So I started to chat online and finally I found an american who is more than willing to marry me in the United States. He himself has financial problem because his third wife has drained his savings, enough reason for him to file divorce and expecting the court decision this October 11.
I attended a seminar this morning and my seatmate told me that Senator Loren Legarda has been interviewed wherein she stated that if spouses has been separated for eight years, filing of annulment is no longer necessary. Could you please enlighten me on this? Because if its true, then I am qualified and if ever, will the US Embassy still look for proofs like court rulings that I am indeed qualified to remarry without filing for annulment?
I am 55 years old now, cant find job here anymore so I opted that I go to US wherein it is easier to find job, I prefer to live there too because Bruce, my bf is 63 and I think he could be well taken cared by his medical benefits there instead here. He has planned earlier to retire here in Philipines but I told him his pension may not be enough for us, since I have other obligations to settle like credit cards whose collection agencies keep harassing me.
Atty,
I would like to go to US as regular tourist but I dont dare apply for an interview because I have a pending petition as immigrant which was filed by my brother in June, 1994. I think it will take 5 years more before it could be approved and I dont want to wait because I dont have job here so I want Bruce to file for a fiancee visa.
This is the reason why I inquire about annulment, how true was Senator Legarda’s statement?
Atty,
I had been married b4 but we got separated after 8 months after our marriage and for a total of 7 years we never see each other . I thought the our marriage was never been valid since we are both 18 yrs. old and i have no parent consent wen we got married . So when i met someone and fall inlove , we got married but after I found out that my first marriage was actually valid . So i decided to file an annulment and got my first marriage annulled. my question is , do i have to file for a voidable marriage for my 2nd marriage ? as i read the philippine law my 2nd marriage is void ab initio . One more question , after i got my 1st marriage annulled , me and my 2nd husband decided to get married again .
Everyone, sorry if these answers are delayed…just got swamped with work at the law office.
Despirado,
First off, please note that there’s a big difference between legal separation and annulment (and you seem to use them interchangeably). The steps in filing a petition for annulment had been outlined in this post -
https://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
George,
Unless you’re familiar with the legal procedure here in the Philippines, you need a lawyer to assist you in filing the petition. As to the costs, it depends on the lawyer that you’ll hire.
Jlo,
That issue may come up in court, so it might not be appropriate to comment on those. Anyway, we have discussed that the fiscal has the duty to determine whether there is a collusion between the parties.
Accident,
It is not only against the law to marry twice, but it’s also unfair to all concerned. As you said, marriage is supposed to be forever. Make up your mind and decide who to marry. You have to take a stand. Remember that you will be raising a family, and it’s always good to start it by making a stand. Good luck and God bless.
Gracieneil,
Maybe you’re thinking that there’s no more need to file a petition in court. Please read this related article:
https://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
vrr_11,
Any subsequent marriage, as long as the first marriage has not been annuled or declared null and void, is also void from the beginning.
atty, i married my husband 9 yrs ago because i got pregnant and my mom and his dad agreed that we marry so our baby will hamve his name.we didnt leave together and not see each other after the marriage because we really dont want to get married.now that i found someone i want to marry,i want to know what should i do.pls. help me thank u so much
addition to my questions,i want to know if i can file presumptive death of my absent spouse.i really want to know about this.pls. help me.im in korea now and having a hard time finding about this sepaRATION
atty,
My ex-wife and I are separated for about 3 years now (i’m cuurently working abroad) and I want to file an annulment but I am confused with what grounds to use.
If my wife threatened me that she will kill herself the day I moved out of our house, if she’s hurting herself in front of me to make me change my decision,and if she hid our daugther so I won’t be able to see her and will only allow me to see our daughter if I come back to her, are these enough proof for phsychological incapacity?
Atty,
Seven years ago, my husband and I moved to the US. While we were there we obtained a US divorce. I have returned to the Philippines. My ex-husband is still a Philippine citizen and still resides in the US. He has since remarried and started a new family. I have met someone and would like to remarry also. Can my ex-husbands US marriage/family be considered infidelity in an annulment?
atty fred,
gud morning sir,i just like to ask what im going to do with my ex wife..we got married sometime in january 2003..she is working abroad that time,saudi arabia..i was left alone here working in a hospital.so,years goes by my love to her and affection fade away.we had continue communication untill 2005,that time she comes home for a vacation..honestly i didnt feel anything to her,i really dont know!she leave again after a months of vacation without talking about our feelings..we are assuming that everything is ok,but the truth is not..suddenly we got separated..The problem is,i discover last month that she gave birth to a babyboy.It is impossible that the baby is mine,so i confront her sister just to confirm everything i learned..Also she had a boyfriend,an indian!Its all true!!sir,its funny to know that i learned that from friendster.com..she had a picture with the baby boy..sir,what are the legal issue we are going to settled? Thanks for your time reading my letter.hoping for your legal advice…
Lot,
Whether a declaration of presumptive death is applicable in your case is something that should properly be discussed with your retained lawyer. I’m prohibited from discussing that here, and I apologize for that. In any case, you also need to file a petition, which means you have to go to court (just like in a petition for annulment). Anyway, please read more here:
https://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
Scofield,
As noted above, I’m prohibited from giving any legal advice in here. In any case, you will note that among the requirements, as discussed in the posts, is that the incapacity must be present at the time of the celebration of the marriage and must appear to be incurable. These are questions of facts that must be threshed out with your retained lawyer. Your lawyer could tell you if the facts would fall under what ground for annulment or declaration of nullity, and which ground is the best option to take. Good luck and God bless.
kmnevalga,
The more basic issue is this - is infidelity a ground for annulment? It’s NOT.
Hero,
As in the circumstances discussed by the other members of the Forum, I’m really sorry to hear about your marriage. I could tell you the legal options because, aside from ethical considerations, the best option depends on the purpose that you want to achieve. Do you want to simply get out of the marriage (provided, of course, there are grounds)? Do you want to insist on criminal liability? Maybe you have other purposes, something which you must tell your lawyer from the start so that he/she could tell you the best option to take. Good luck and God bless.
atty,
gud afternoon sir,yes your right..i want to get out of that marriage.To leave normally!!I dont want to file any criminal liabilities..its just i’d like to know what are the easiest way to get out.Honestly,i have no budget to file annulment..how about the condonation,sir?..thats all for today sir,again thanks for giving me a leagal advice..god bless…
atty,
gud afternoon sir,is it right for me to enter in a aggrement like condonation?is it benificial to both of us?
how much does it cost,and how to file it?Thank you so much again sir..more power..god bless!
hi atty,
I am just new here and let me just sayil that this site is so informative and well written that people like me who are not that familiar with the nitty gritty details of philippine law is enlightened. I have a different question, its about adultery. You see, I was married to my estranged husband in 1995. We separated 1999, i found out lately that he contracted a second marriage with his live-in partner in 2000. My husband and I have a 12 year old daughter whom he only gave financial support last year after a threat of child support case from me. I also have a relationship now with another man. My husband has known about my relationship in the beginning and we both acknowledged that we have separate lives, with separate partners. Things are turning a little sour now and I would like to know how I can defend myself and my partner now should things turn out for the worse. I read that in the new revised rules of criminal procedure,” The crime of adultery shall not be prosecuted except upon the complaint filed by the offended spouse. However, the offended party cannot institute criminal prosecution if the offended party has consented to the offense or pardoned the offenders.” Can you enlighten me on this?
thanks and more power!
Hero, first off, I must apologize if I can’t give you any legal advice, as this is not allowed. On the other hand, there’s no easy way to get out of a marriage. The facts of your case and the grounds that are applicable to such facts are best discussed with your retained lawyer. Good luck.
Bling/Hero, perhaps we could have a post on that subject matter, as soon as our schedule permits. Do drop by from time to time.
Atty Fred,
hi, im 32 years of age, a californian residents. im naturalized US citizen at Age of 17. I got married in Philippines back in 2003. after 4 years unfortunately im having a divorce. my question is Am i able to re-marry again in the philippines.
dear atty.,
can you please help me to my problem?
i am married in philippines to a filipina and i am from Nepal, were divorce already in Sharaa law in GCC and we got the divorce paper already, were already divorce for almost a year. Now, my problem is i want to be annuled my marriage in philippines. What is my first move to do?
thank you for immediate response.
babu