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.
Gusto ko po ask ng advice OFW po ako. Nagkaanak sa ibang babae asawa ko at nagsama po sila ng 4yrs nung babae. Inamin nman lahat ng asawa ko pinatawad ko siya pero marami paring nagsasabi na nangbabae pa rin. Gusto ko po sanang pawalan bisa ang kasal nmin sa huwes. Ano po pwd ninyo maipayo sa akin. Salamat po
GUsto ko po mgfile ng annulment while im i abroad ano po ba ang kailangan kong gawin atty, 6yrs na po kming hwlay ng asawa ko, civil marriage po ako…Thank you…Plz help me
Atty. Kinasal po kami 5 years ago and after 1 mo we departed ways at naghiwalay npo ng asawa ko.nagkausap po kami ng masinsinan dahil hindi po talaga kami mag wowotk out kahit ano pang mangyari.may anak po kami at na sa kanya dahil hiniram nya noon after nmin nag usao.sabi nya isusuli nya pero hindi napo nya sinuli sakin.ayaw ko na man pong ma torture ang bata kaya hinayaan ko po muna.after 4 years po may kanya kanya npo kming manimahal.pwede po ba akong mag file ng annulment?at pwede ko po bang mahiram legally ang bata with terms po namin kahit once a year lang po?pls atty.favor naman sagutin nyo tanong ko.mraming salamat po.
hi, i am married since 2005 but separated the following year due to my husband hurt me and at the same time don’t have a capable to support the family. its almost turning a 10 years since then can i file a null and void of marriages knowing he has a already a kids in his present partner.
How can I get a copy of annulment case if I lost it? I want to get a copy but how? Should I go direct to CENOMAR to have 1?
Hi atty. Pwede mag ask, how many months pa po ba ako maghintay pag natapos na sa court yong case ano pa ba next process? Kasi sabi ng lawyer ko tapos na sa court..confuse kasi ako sa sagot nya.
Hello Sir, I would like to file for an annulment but don’t know where to start. My hopefully soon to be EX husband and I were married back home but now we are residing in the states. Does filling for annulment should be done in Philippines?
Thank you for your time.
Hi po! May bf po ako ng 2005 at may binayaran po kami para magasikaso ng kasal at registration and all. On going po ang divorce nya from the time na kinasal kami ang sabi nung nag-aayos, ok lang daw kahit to follow na lang. Hanggang sa naghiwalay po kami. Nagbalikan kami 2014 and nagbalak ikasal ulet ng 2016. Akala namin hindi naregister ang kasal kaso naregister po pala. Kumuha ako ng copy ng requirements na napasa noon at wala nga doon ang divorce paper. Ano po dapat ko gawin?
do you know any lawyer here in paranaque that i can approach. my wife is asking for annulment and she is giving me up to may 2016 only to file the case. I do not know what to file but our issues is always money matters. we have agreed that we will do annulment case. will this be a crime?i mean fixing the annulment case.
Hi Atty! What will we do my sister live birth certificate was used by another person without knowing her? My sister was shocked because it shows on her cenomar that she was married..And the other person who used her live birth cert. doesnt want to cooperate with us. What kind of case we sue her? The girl now is in the USA and she ignore us. PLEASE ATTY. WE NEED YOUR HELP!
Atty,
I already went through the annulment process and already have my NSO marriage cert which says null and void. What are the next steps? What other documents do I have to update?
Thank you.
Dear Sir,,
I was separated for my husband long for almost 14yrs
Then, i was the only one was providing for my sons need,, for those years no financial support for my husband,, i was working abroad to keen my sons future,,
Tanong ko lng poh sa kaso ko ngayon panong hakbang ang ggwin ko para po mwalan ng visa ang kasal nmin ng asawa ko? Meron po akong ntangfap n balita na willing nmn poh ang asawa ko na pumirma sa mga papekes n kaylangan ko para po mpawalang bisa ang kasal nmin,sa katunayan poh meron npo siyang bgong pamilya at anak,, need kpo ang advice niyo, salamat po,
Dear Atty Fred i learned from friends that my foreign husband has filed an annulment . He is only staying in the philippines because i signed a request for him to stay in the philippines every five (5) years. Because of irrevoncilable differences i left him and came back here in the UK. He is now an overstaying alien. The property where he is staying is on my name. What eill happen to the property?
Can a man be charged of abandonment after 4 years of no support for the child after having been separated because of unresolvable conflict with the wife?
To all atty.,
Paano po b kung kasal ako sa judge on 2011 at from that hindi na kami nagkita hindi rin sya nagbigay ng support at palagi na kaming nag-aaway. paano po b ako mag aaply ng annulment kasi ayaw ko na sanang gamitin yong apelyedo niya, gusto ko na rin ng baong buhay..