One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).
Should I seek an annulment?
This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.
What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?
The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay.
How long does an annulment process usually take?
The entire process could take less than a year or, if you’re unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly.
How much does it usually cost?
This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least Fifty Thousand Pesos (PhP50,000).
I have a limited amount of money. Where can I seek legal aid?
There are certain institutions where you could seek free legal assistance. Start with the Public Attorney’s Office (PAO), although they may or may not accept your case, depending on their load (they’re usually overloaded with cases). The Integrated Bar of the Philippines (IBP) and certain law schools, provide free legal aid. Remember, however, that your request may be denied because there are other important cases handled by these institutions.
How can I verify if my lawyer really filed the petition in court or if a decision was really issued? Can I obtain a copy of the decision?
You may ask your lawyer to provide you with a copy of all documents (motions, pleadings, orders, decisions, etc.) relating to your case. The photocopying cost, of course, will be charged to you. In any case, you could always request to photocopy the record with the court where the petition was filed.
If there’s already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry?
No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you can’t remarry.
If you can’t find the answers here, please refer to Part I, Part III, Part IV, Part V, or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
Hi atty, I’m 36 years old , have 2 kids but both of us have one which was not ours and in the first place were not married to the first one. And Me and my husband were married legally and still living together for almost 11 years. But most of the time we quarrel because of a small things which is not right to say abussive words to me and sometime he threatened to hit me… What is the best thing to do to give me a peace of mind? And before he hit our own son because he think na madidisiplina ang anak namin sa palo. But sometimes he is ok maayos mag isip pero pag galit sobra naman… I don’t think na may pagkukulang ako or what. Many times happened before pa na nag aaway kami kahit sa maliit na bagay lang… What should be the best solution atty.? I am so confuse kase may time mabait sya…
Hi atty, I was married with a korean for 10 years, civil wedding po. Pero he suddenly left us, he said goodbye thru phone lang po last nov 3 2016. Nalulong kc sya sa casino, and nung umalis sya nagiwan din sya ng malaking utang. Wala na akong kontak sa kanya,even his parents in korea said they dont have any news about him. Paano po ako magpafile ng annulment kung hindi ko alam kung nasaan cya.
And meron po kaming isang 5 yo na daughter. nung umalis sya, he left nothing kahit piso, wala. Even his parents said wla silang pang support para sa amin.
Hi Attorney!!!
Have a great day po.
I am separated for almost 3 years na po to my Husband, He was an alcoholic man which is the reason of our everyday fighting, before we got married april ,2010 he promised to me and to my parent that if i delivered our son he will going to stop drinking an alcohol but after I delivered my son nothing’s happened to his promised and then until his brother want us to be a legal couple we decided to get marry but his brother want him to stop also drinking alcohol as he hardly support me and my son and then he made a promised again for that, after our marriages will be done, but after all that happened still nothing’s change and seriously he made lots of promises but as usual nothing change to him, and also i warning him many times that if he wouldn’t stopped i am not going to refuse him to get separated but he always answering me that ok fine then were going to separate he said, however, i gave him many chances to change i forgave him many times but he couldn’t stopped because I honestly, he hardly support me and my son until i got tired for that, I decided to separated to him in a month of June 10,2013 and now were almost 3 years separated.
My question is, Can I file an annulment Att.
may sarili na po pamilya ang both side the husband my 2 kids na at masaya na sa pamilya nia, the wife naman ngkaanak na din sa ibang guy ,how long po kya maprocess ang annulment kung pabor both side nman and how much is the cost
Hi I left my husband 12 yrs now and I take all the responsibility for my 3 kids as he is very I responsible in 12 yrs we separate he never support us physically and financially I left him coz he’s started to hit me and he has an affair with other woman that time plus he’s taking drugs…now I have a boyfreind whose willing to marry me but I am not legally separated yet what the best thing I can do to remarry again
Hi atty fred
Tanong ko ko lang po if pwed po akong mag file ng annul ng kasal gamit ang abogado? Tapos 3 yrs nakming kasal at 3 nadin kaming hiwalay…. Napilitan akong pakasalan sya kc sb nya akin ung bata pero natuklasan ko na niloko lang ako 19 yrs old plang ako nun… Side nila ung nag desisyon ng kasal… Mataas po b ang chance n ma annul un at gaano katagal ang gugulin? Maraming salamat po…
More power…
God bLess
Kaya kopo pla natanong na pwed gamitin ung abogado sa pag annul ng kasal… And2 po kc ako ngaun sa riyadh.. Tnx po
Good day atty. possible po ba na void ang kasal ko sa judge kasi nung kinasal po ako ang pag kaka alam ko is hindi pa registered name ng asawa ko sa nso, kasi ang birth certificate po nya is female ang gender and also girl ang name, so yung name nya talaga now is hindi pa registered sa nso po. sa judge kami kinasal tita nya po kasi staff sa city hall kaya nakalusot ang birth certificate po nya. 4years na po kami hiwalay ng asawa ko, meron akong nakuha ng marriage contract, kaya ang tanong ko possible ba na ma void kasal namin once napatunayan ko na niloko nya ko at hindi pa sya registered sa nso?? thanks po, amd godbless
Dear atorny
Kasal po ako 2003 pero naghiwalay poh kami 2005.may anak kami boy isa 13 yrs na poh siya.gusto ko malaman f mag file poh ako nang anulment. Magkano poh mabayaran ko poh….kasi poh kasambahay lang poh ako gusto ko poh ma legal ang paghihiwalay namin.may anak na din siya sa ibang babae
Hi atty. I was separated for 9 yrs. After we got married last 2007 he went home to usa because he was american. He never came back After the marriage, because he resigned his job and can’t find a good job for him as he told. No more support from him frm the very start of marriage. So do u think this case would be quick to annuled?
hello atty.
im separated 4yrs ago..due to the physical and mentaly abuse..we got married almost 10 yrs..we have 3 kids.,14,12,and 7..in that long yrs that we’ve been together i can’t count how many times na binubogbog ako/minumura,,sinisigawan..i remembered the last nabinogbog nya ako ay noong march 2012..sa harap ng mga anak nmin..umiiyak ang 3 kung anak..nagkapasa ako sa mukha..that was the time din na nagdisesyon akong hiwalay sya..and now i want to be totally free.,at gusto ko pong magfile ng annulment ano pong maipapayo po ninyo sakin atty…
thank you po,..and Godbless
Atty . Good day ! I was been married last 2011 and we also separated at the same year.my problem is that my nso is still single does that mean na hindi valid or narehistro ung marriage namin?
Good day po.. Gusto Ko po Sana malaman kung Anu ang proseso Ng pagpapawalang visa Ng kasal ko. Kc I found out na may unang pinakasalan ang lalaking Akala ko ako ang unang asawa.. I’m an Ofw from Saudi Arabia. When I asked out consulate about the process they told me to asked for assistance in PAO.. Gusto Kong ibalik ang singleness ko kc Gamit ko Papuntang apilyido Nya Sa passport ko…
gud pm po kinasal po ako juanury 15,2005 may dalawang anak po kmi sep,20,2008 nagpunta sya ng abroud ofw after 2 years tapos ng contact nya umuwi sya ng maaga,pero hindi po sya sa amin ng mga anak nya umuwi natuklasan k nlng po na may ibang sya babae yun sanhi ng hiwalayan namin mula noon wla na kaming contact s kanya wla sya sustinto sa mga anak nmin at ngayun almost 8 years half na kami wlang alam tungkol sa kanya ako po nagtaguyod at ngpalaki sa dalawang anak nmin gusto ko po sna ma annul ang kasal nmin para nakapasal npo kami ng bf ko,,sna po matulongan nyo po ako
atty.i am married 7 years ago but unfortunately our marriage was ruined because my wife found another lover in london then she filed a divorced petition and it was approved last 2011..after that,we dont have communication eversince…i have a copy of our divorce decree and i want to clear my status here in thr philippines now because i also wanted to marry my partner now…what will be the best thing to do .thank you very much