You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the ring or not:
1. Make sure it is the last resort. As stated in a previous post, love and marriage are supposed to be forever. Try all options, like counseling, to make it work. If there’s no progress, weigh your options. On the other side of the scale is the reality that getting into another relationship or marriage, while the first marital bond is still existing, is a sure way of courting criminal liability (adultery, concubinage, bigamy). A subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action.
2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc.
3. Discuss the custody of children, visitation rights, property arrangements and support. Custody over children and separation of properties in annulment are among the most bitter issues in annulment. As much as possible, discuss and agree on these matters beforehand.
4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go through the procedure discussed below.
The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Please note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. There are other differences (e.g., legitimate status of children, property relations between the spouses, prescription and ratification), but let’s leave those for another day. For convenience, we shall refer to both petitions as “annulment”.
1. Preparation and filing of the petition. The petition may be filed, at the option of the spouse who filed it (called the “petitioner”), in the Family Court of the province or city where the petitioner or the other spouse (called the “respondent”) resides for the last 6 months prior to the date of filing, or in the case of a non-resident respondent, 7where he/she may be found in the Philippines. An Overseas Filipino Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the petition or anytime thereafter, the court may issue provisional and protective orders.
2. Service of Summons. In simplest terms, this is giving notice to the respondent. Where the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may be done by publication. This is crucial because the court cannot validly proceed without service of summons.
3. Answer. The respondent must answer within 15 days from service of summons (or within 30 days from the last issue of publication in case of service of summons by publication). Unlike in civil cases, the respondent in annulment proceedings is not declared in default if no answer is filed, but the public prosecutor shall be ordered to investigate whether collusion exists between the parties.
4. Investigation report of public prosecutor. The public prosecutor prepares a report on whether there is collusion between the parties. If the court is convinced that collusion exists, it shall dismiss the petition; otherwise, the court shall set the case for pre-trial conference. The Rules dispensed with the requirement, as provided in Molina, that the Solicitor General issue a certification stating his reasons for his agreement or opposition to the petition.
5. Pre-trial conference. During the mandatory pre-trial conference, the court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of legal separation, grounds for legal separation, jurisdiction of courts, and future support and legitime). The court may also require a social worker to conduct a case study and submit a report at least 3 days before the pre-trial conference, or at any stage of the case whenever necessary.
6. Trial. This is the stage where the ground for annulment is proved and opposed. The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.
7. Decision. After the trial proper, the court renders its decision, which is different from the Decree of annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.
8. Appeal. The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.
9. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. These are done upon entry of the judgment granting the petition.
10. Issuance of Decree of annulment. The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound securities.
11. Registration of the Decree. The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.
I am married with my husband for 6 years now and he is such a good person. Late last year, I lost my twin daughters and I suffered from depression.
After 2 months I feel like.I’m getting better…but after a couple of.months the depression starts again and I was even thinking of taking my own life. My demeanour is starting to change, and I can feel that slowly I am losing myself…
I love my husband and I know he loves me so much…but I want him to be happy.
I would like to file for an annulment while I’m still in my right mind…
Would it be possible? How long for the process?
how to nullify the marriage after the decision of the court had been made to have it null and void at NCSO OFFICE… AFTER THE DECISSION MADE BY THE PROSECUTOR/COURT @ JUDGE SINCE 1992. WHAT SHOULD BE DONE TO THIS PETETION HAD IT HAD BEEN ANNULLED SINCE 1992?
dear atty.
me and my x-wife are both ofw and where been separeted for almost 8 years and i decided to have an annulment. Is there a way you could help me. thanks.
My husband and i.separate for 5years but got comunication bcoz of kids is with him.i want a annuent or legall separation.ever since we git marry he mever work.hope u can help me
Is it possible ?
hi i just want to ask. how would i know if my foreign fiance filed a petition for annulment to his ex filipina wife. they separated for almost 3 years already. in his country he is already divorced. they dont have a child.
thank you.
Hi attorney..
Hiwalay na po ako ng halos 9 na taon,,simula ng kinasal kami..d po kami nag sama sapagkat umalis po sya patungong america..lahat bg papeles po nya ay single po sya..American Citizen na po ang passport nya sapagkat anak po sya ng black american..Wala pang isang taon ang lumipas, nangaliwa po ang asawa ko, at inamin nya naman po at sinabihan akong mag asawa nalang ulit. Ang status po nya sa america ay single at ni wala akobg pangalan sa lahat ng papeles po nya.balak ko po sanang mag pakasal po..makapaghabol po ba ang dati kung asawa kahit na deniclare nyang sya ang single sa america at sya ay american citizen naman po sya?
my husband & i were literally seperated for 3 years but not legal because i met someone and were living together now..what should we do if my ex husband and i aggreed to have an annulment,, what would be the ground??
Hi!just want to know the procedure for annulment if my partner and I have been separated for approximately 7 years from now and I don’t know now where is she now. We haven’t see each other for almost 7 years also, no communication, and still no annulment yet has been filed.
Hoping for your response. Thanks.
What will be the effect if the decree of annulment is not registered in the national census (psa/nso)?
Hi atty:
Pwede pa po bang na void ung 2 weeks marriage? Kapapakasal lang namin. Tapos nagkagulo kasi ang family. Ano pong pwedeng gawin na maviod? Salamat po.
Hi po. I have questions po. Pls help. Nagfile po ex husband ko ng annulment since xa ung may pera.ok lng po po skin gusto naman po nmn parehas maannul. May dumating na po summons ba un. Ok lng po ba na d pmnta sa mga hring pero mgsasign nalang ako if in case need nla pirma ko para mprocess ung annulmnt? Thanks po
9yrs na po kming hiwalay ng asawa ko… Nkadalwang asawa na sya mula ng mghiwalay kmi at me anak sya sa mga kinasama nya… At ngkarun na rin ako ng kinasama at me anak na rin ako… Gsto ko ng mapawalang bisa kasal nmin… Pra maayos n nmin mgabuhay namin…. Sna matulungan nyo po ko atty.
Hi Atty, what would happen if I do not show up on our annulment case proceedings? Considering that I won’t appeal as well. Will the proceedings and results become faster as well?
Dear Sir,
I am a women foreigner and I’m here in the U.S with my daughter. I am already divorced from my ex here.
1. What are the steps to file a petition of annulment in the Philippines and what paper work do I need?
My daughter is an American citizen but born in the Philippines and holds my ex is last name. I’m currently petitioning for a name change for her here in the U.S.
1. Will the name change be accepted in the Philippines?
2. Can I change the information on her birth certificate including her name my status and the fathers informations?
Hi Attorney,
Would it be possible to file for nullity of marriage just because of both the husband and wife were no longer happy with each other?