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.
im divorce eith my ex husband in japan.how can we get annulment in philippines if where both abroad.
We married in the Phils in the late 80s and just recently been granted divorce here in Australia (both Australian citizen). I’m thinking of applying marriage annulment. Can I apply the annulment here in Aust? I wonder how long will it take to complete the process?
Appreciate your feedback.
Regards,
gr8
paano po b yung nullity saan po mag aaply nun at magkano po?
ng 18 years old po ako nagpakasal kmi ng asawa ko para mabinyagan lang ang anak nmin madalas nya nananakit wala po syang trabho at mabarkadang tao,after namin maikasal sinabay ang binyag ng anak namin after po nun bumilng lang ng lingo at kmi ay naghiwalay n rin,sa ngyon po ay 15 years n kming hiwalay,
gusto ko o sana maging legal yung paghihiwalay namin para rin sa ikakabuti namin dalawa at ng anak namin,at para rin makasama namin at mapakasalan yung mg ataong karapat dapat para samin pareho,nagkausap po kmi at handa sya pumirma ng kaht ano para maipawalang bisa yung kasal namin,sana po matulungn nyo ako,
Sir… is there a way to process annulment for OFW overseas filipino worker at saudi arabia. is there any way i could do it here to process both me and my wife working here.. thankz
Greetings;
It was almost 8yrs now that i did not see my ex-wife after she filed a case againts me and it was dismissed because of her non-appearing..Now im planning to file a an annulment of our marriage problem is i dont know where she is exactly. I just only remember his last known address where anyone knows where she is right now and im sure of that.
How much will cost me for my case..tnx
Good day attorney..
Since I am planning and decided to file an annulment case, I want to clear some questions. we got married 2003 cebu separated February2007, we had 1child. I am now residing dipolog.. questions can I file the annulment case here in dipolog instead cebu.. second, he is a seaferer, can I still file even if he in not in the country? How long does the case take? Lastly , our child is 9yrs old girl.. after the case thus the child custody move to him? Thank u…please help me clear my quiries.. please if possible reply me on my email..thank u..
God bless
Just want to ask.. me and my husband doesnt have a child and we wanted to annul our marriage… how are we going to do it?
Good day Atty.,
I am married to someone who is already married. I just knew about it when we were almost a year of being married. Now, since my marriage to him is null and void I want to file for Decree of Nullity. I really wanted my status and maiden name back. How long will it take for this process (an estimate will do)? And, hwo much will it cost me as well? Also, I have applied for cahnge in status in my passport, Now I will be migrating somewhere and I need my passport in my maiden name. In DFA’s site, there is no other requirement on how I can do it (in my case, what is stated there are for those annuled or the spouse is dead). We are almost 4 years separated by the way. Please help me out. I badly needed an advice regarding my situation.
I’d realyl appreciate an answer. Thank you so mcuh and more power.
Sincerely,
AM_0301
my brother and her wife is married for almost 3 years already, and after their civil marriage they did not live each other together. His wife just persuade him to marry her because she got pregnant and in order for her not to be out on her job. later , his wife had another baby from other guy. and my brother wants their marriage to be annulled . Does my brother have any chance to be annulled from his wife ??
pwede po bang magfile ng annulment kahit nasa abroad ang asawa at papano po nya ito marereceive.
i was married on 2000 and after 2 years of marriage my wife left without any notice.. until now i have no clue to her whereabouts. i am planning to file an annulment but she is nowhere to be found and in cases of failure to show up with public summons what will then happen to the case..
i would like to ask if have possibility to annul my marriage with my ex husband he has already live in partner and he has three kids. we separated for almost 10 years and i dont have any communication with him i just only heard the news from his mother and brother but we never had communication for the 10 years separation. Now i decided to file for annulment with him. I need also to be happy in my life, no support from him we have 3 kids with me and i and my family only support,pls help me just text me if what can i do .for 10 years i never do anything but now i want my marriage to be annul.pls help me what will i do..im here at zamboanga city and i dont know where he is now..im planning also to file PRESUMPTIVE DEATH . PLS TEXT ME 09354246229 ,,malu /civil marriage…
Atty fred,
Me and my husband had been separated for almost 10years now. We dont have any communication at all.we have a 10year old daughter but i dont get any support from him thats why i decided to work and earn by my own. My questions are what would be my ground for annulment?im working abroad how could i start the process? What would my child get from it? And how much will it cost me? Pls do advise me sir, i really need to start it.. Thanks.
What would be the legal procedure on my case of having marriege at the early age of 14years old,will it be considered that marriege is a legal??