3 Ways to Legally Separate if You’re in a Philippine Marriage

by | May 23, 2018 | Family Law, Annulment & Other Separations

A broken heart flanked by an unhappy couple in a broken marriage.

Ending a marriage can be tough!

The end of a marriage is a difficult time. You’ll need to read this post if you’re trying to figure out the best way to legally separate.

This post discusses 3 ways to dissolve a marriage in the Philippines and gives a brief overview of costs and the process.

In it, you may find the path that works for you.

3 Options to Legally Separate

A broken house with the family on different sides

There are options to end a marriage.

The Philippines famously has no divorce but does recognize that some marriages do need to come to an end.

Other than death, there are 3 ways to dissolve a marriage in the Philippines and each of these allows you to remarry again.

1. Recognition of Foreign Divorce

  • Only for Filipinos who’ve divorced a foreigner
  • A year and a half
  • Usually faster than annulment

2. Void Marriage

  • Marriages not valid from the beginning which include psychological incapacity grounds.

3. Voidable Marriages

  • Marriages valid at the beginning but can be annulled for certain reasons.

Don’t get confused – there is something called Legal Separation in the Philippines.

However, this doesn’t allow you to remarry in the Philippines.

It only dissolves your common property regime and releases you from the obligations of marriage such as living together.

This and judicial separation of property deal more with dividing marriage property.

Recognition of Foreign Divorce

 

A large x between a groom and a bride with flags identifying their nationalities to show the end of a marriage.

Foreign divorces can be acknowledge in the Philippines through a court process.

Recognition of Foreign Divorce is simpler and faster than annulment but is only for marriages where a foreign spouse is involved.

You are not eligible for this if:

  • You are a Filipino who divorced another Filipino in a foreign country;
  • You are a Filipino who divorced another Filipino and one of you became a foreigner only afterward.

This is only applicable for divorced couples where at least one spouse was a foreigner.

One of you must be a foreigner at the time of the divorce.

So, if you were both Filipinos but one became a naturalized citizen of another country (say the U.S.), then you divorced, you can avail of this process.

Recognition of foreign divorce is usually faster and more certain than annulment and allows you to remarry in the Philippines.

Filing for recognition is advisable this since there are property issues that will arise from not doing so.

If you plan to live or retire here, if you have children together, or if you have Philippine property, you really should get this done.

Further information detailing the cost, process and other important aspects is found here.

Void Marriages

A wedding couple that is being pounded by a gavel.

A void marriage allows 2 Filipinos to separate.

Void marriages are marriages that are against the law or didn’t meet certain requirements before they were celebrated.

The court process to legally dissolve a void marriage is one for declaration of nullity.

So, what would make your marriage void?

First, your marriage is void when you haven’t complied with basic requirements:

  • One of you was under 18 at the time of the marriage;
  • You had no marriage license;
  • Your marriage was performed by someone not authorized to do so (unless you both believed in good faith that he was);
  • You are already married (unless one spouse was declared presumptively dead);
  • You married and were mistaken as to the identity of your spouse;
  • You married before the judgment declaring your previous marriage void was recorded in the Civil Register.

Second, a marriage is void when it smacks of incest – including those situations with adopted children.

Marriages are void when it is incestuous such as between brothers and sisters or between ascendants and descendants.

As adopted children are considered the family, marriages that involve them and their adopting family are also void. (Article 37 and Article 38 of the Philippine Family Code)

Finally, the most resorted to the ground for declaration of nullity is the psychological incapacity of one or both of the spouses at the time of marriage.

Psychological incapacity can be a contentious ground which requires significant evidence to prove. It usually requires a psychological profile and reports on both of the spouses, and a professional psychologist and other witnesses to testify to the psychology and history of either spouse.

Annulment

A married couple being cut in half.

Annulment is usually the only option when 2 married Filipinos wish to separate.

For all other marriages, an annulment is the only option.

You can annul the marriage for the following reasons:

  • married without guardian’s consent if one was 18 but below 21;
  • either party was of unsound mind;
  • fraud;
  • coercion;
  • not able to physically consummate the marriage;
  • serious sexually transmitted disease.

As with the other methods, this involves a court process.

The court where it is filed often determines how quickly the case is processed. In addition, property and custody issues can lengthen the process.

There are several hearings and pleadings which also add to the cost.

Annulment Fees are composed of:

  • Filing fees
  • Court Appearance Fee
  • Lawyer’s Acceptance Fee
  • Pleading Fees
  • Miscellaneous Fees

Still, the peace of mind and being able to remarry are often worth it. It also helps to ensure that property issues do not arise.

Special Mention: Legal Separation and Judicial Separation of Property

An angry wedding couple facing legal separation.

Legal Separation doesn’t allow remarriage but splits property.

While the above 3 are ways to dissolve a Philippine marriage, I’ll also mention Legal Separation and Judicial Separation of Property.

They are often discussed in the same breath but deal mainly with dividing property and do not allow you to marry again.

Legal separation involves property division and separation of bed and board when one of the spouses is at fault.

When you undergo legal separation, the following happens:

  • You are awarded property if you are the innocent spouse;
  • You are not required to fulfill marital obligations such as living together, etc;
  • You are not allowed to marry again.

On the other hand, Judicial Separation of Property can be a no-fault division of property.

Spouses can agree on what should be given to whom and this can be with or without cause.

As these can be complex cases, please read How is the Marriage Property Divided in Legal Separation? and A Simpler Way to Divide Conjugal Property for more detail.

227 Comments

  1. Velina

    I want to annul my married from my husband who cheated me 2 times..but apparently that time he did that I’m always give him a second chance because we have 2 son..then I got to abroad to work and I realized that its enough to be with him..

    Reply
      • Christelle

        Hi I just want to ask. I was late registered year of 2007 and got married in the same year. My age that time was 17 but we made it 18 when we apply for late registration as I don’t have birth certificate so that we can get married. how can we void our marriage? I was just 17 that time we just falsify my school records from 1989 we changed it to 1988 when we apply for late registration so that it will appear on my birth certificate that I am already 18.

      • Atty. Francesco Britanico

        Hi:

        If it was registered in the PSA, you will still have to go through annulment albeit on the ground that it is a void marriage and not on psychological incapacity.

    • Madelyn

      In cases of legal separation, can you change your last name, from your married name back to your maiden name? Is there a process for that?

      Reply
      • Atty. Francesco Britancio

        Legal Separation does allow you to revert to your maiden name as per the DFA website.

        Please note that you will still be married.

        Only Annulment ends the marriage.

    • Josephine

      I have 3 girls (8.4.2)..my husband wants to leave alone in an apartment leaving me with the 2y.o while the other 8 and 4 with her mom in Mindanao while I am in cebu. Is this a good thing? We always argued financially he always said i am poor that I cannot afford to raise my girls so he wants me to work and leave my 2 eldest girls in her mom and my youngest with me my problem to look for a yaya for me to work. Pls advise me what to do. How much is the total cost of legal separation?thank you?

      Reply
      • Atty. Francesco Britanico

        Hi Josephine:

        Legal separation can be more expensive than annulment AND it doesn’t end the marriage. It only discusses property.

        Thus, annulment is the only real option to end a marriage between 2 Filipinos.

  2. Alex

    I got married while my birth certificate is still marked as male on the gender is my marriage void in the first place?

    Reply
    • Lawyers in the Philippines

      No, this is not a ground for a void marriage.

      Reply
    • john

      I dont feel any love anymore to my wife? but i cant tell her frankly..what am i suppose to do?

      Reply
      • Lawyers in the Philippines

        Are you wishing to end your marriage?

        Annulment is your only real option should you wish to remarry again.

  3. Aidan

    Hi good day i would like to ask if i can file an annulment from my ex we got married because of her religion stating that she wont get baptized unless we got married as we are already living together. i decided to broke up with her because she keeps on assaulting me when im asleep when we are not in good terms. hope for your kind advice thank you.

    Reply
    • Lawyers in the Philippines

      To end the marriage, an annulment can be filed as you are both Filipino.

      The facts and details would have to be assessed first and a lawyer engaged.

      Reply
  4. Benedict

    Good afternoon. Would like to know if “both husband and wife got tired of each other and finally decided to call the marriage off” is enough reason for legal separation? Lots of things happened in the past, like all marriages. We have our own fair share of mistakes, and as we sat down and talk about our marriage, we feel that it’s, with regret, time to end it. Make no mistake though, we tried to make it work time and time again, but it finally came down to the realization of we are not happy being with each other anymore. Would this be enough grounds for Legal Separation? Thank you in advance.

    Reply
    • Lawyers in the Philippines

      This is not a ground for annulment or legal separation.

      Legal separation separates property but doesnt allow remarriage. Annulment separates property and allows remarriage.

      For this reason, I usually suggest annulment as the course to take.

      Reply
      • Kristine

        Same problem above mentioned and I want to file for annulment. We don’t agree on any terms until recently we don’t talk at all only when it concerns my daughter. Can I file on the grounds of psychological incapacity and individual differences?

      • Lawyers in the Philippines

        Sent an email.

      • Sophia

        My mom and dad are still married in the Philippines but my mom is married to someone else in the US which dad has no idea about. And now, my siblings and I are trying to get our dad an immigrant visa but we dont know how to explain to him that mom has married someone else in the US and we need legal documents proving that their marriage in the Philippines is voided. But we dont know how to tell our dad about our mom’s case in the US. What do we do? 😫😫😫 we’re pretty sure they will ask for supporting documents during his interview.

      • Atty. Francesco Britanico

        Dear Sophia:

        Clarify what supporting documents are needed.

        If he needs to have his marriage annulled, then he will then need to address that through a court case.

      • Rachell Ann

        Good afternoon, I just wanted to ask if it is grounds for annulment,my husband left us(our baby was 4months). He went to his province until month ago, i had a hard time to communicate with him and totally abandoned us. Now we are 9years apart.

      • Atty. Francesco Britanico

        No, this is not a ground.

        The one most usually used is psychological incapacity. There are others and abandonment is not a ground although it may support the argument.

  5. Mylene

    We are living apart for almost 4years how can I file for annulment? Is this reason enough so I can dissolve the marriage? We’re not getting along fine before we live separately

    Reply
    • Lawyers in the Philippines

      Physical separation is not grounds for annulment.

      Although more information would be need to give accurate advice, it is far more likely that psychological incapacity would be the ground used.

      Reply
      • Joy

        I want to file for annulment.what reason could be appropriate to file.
        I am emotionally fed up due to all circumstances ive been through to him.
        I cannot take it anymore.

      • Atty. Francesco Britanico

        Sent an email.

    • Cat

      I cant experience marriage. It because me and my ex husband got child he manipulate the Papers.becouse he want to use him Sure name of our baby.in that year you cant use the sure name of the father if not married.thats why he manipulate the paper.he copy my signature.
      And now were in 5 years separated. I have a new boyfriend and he has also new gf ang 2 daughter.
      The sad thing is I cant marry again it because of that papers marriage contract.
      It is posible I can do marry to my boyfriend?he is muslim..
      Thank you so much and I really appreciate your advice..

      A

      Reply
      • Atty. Francesco Britanico

        Hi Cat:

        Check if you are legally married by ordering a CENOMAR from the PSA.

        If you are legally married and your fist marriage is recorded as a non-Muslim one, you must go through an annulment to marry.

  6. Melanie

    Good afternoon. I just want to know f my problem with my husband will be ground for separation. My husband left me for almost 6 yrs. We have one daughterx

    Reply
    • Lawyers in the Philippines

      Abandonment is not grounds for legal separation.

      Annulment is more likely the correct process to go through as it ends the marriage and allows remarriage. Legal separation does not allow remarriage.

      Reply
  7. Sharyn

    Good afternoon.. my husband and I we’re separated for almost 14 years and we don’t have contacts from each other… how can I file for annulment? My daughter is already 22 years old and I’m alone who gave her and support her till she finished college… please Sir I need your advice

    Reply
    • Lawyers in the Philippines

      Hi – I go through annulment in great detail in my article Annulment (Nullity of Marriage and Psychological Incapacity).

      It goes through all the steps and requirements. I think it may help give you an overview of what you need to prepare so that you can file.

      Reply
  8. Anonymous

    Hi … i got married to my husband which i dont know he is married already to other girl and we have 3 kids and its 2 and half year already that were seperated what is the best way i can do…sir i need your advice sir thank you

    Reply
    • Lawyers in the Philippines

      This is a bigamous marriage. Jowever to end it you would still have to go to court

      Reply
  9. Robert

    Good day Sir/Mam. I Have same problem. After 9 years of marriage, me and my wife already separated. I also found out that she was already married once before me, without my knowledge. And its still valid because there’s no court decision that she’s annulled or separated to the first one. And her first husband is still alive.We’re already separated for about 10 years now. Is our marriage still valid? And can I still file for a void marriage? If so,what/how’s the process? Thank you.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      This may be a bigamous marriage but you would still have to go to court to dissolve it.

      Reply
      • Bobby

        My wife and I have been married for 19 years. Until I found out that she is having an affair with the same sex. What will be the best option to finally severe our marriage? Is it a ground enough to merit an annullment?

      • Atty. Francesco Britanico

        Dear Bobby:

        I have sent an email.

        You would likely still need to file under psychological incapacity.

    • Laila

      Hi,im an ofw for 10 yrs and my husband got a child with other woman while I’m here.We’ve got some properties and how can I sort this out as I dont want him anymore and can I file a legal separation? Please I need your help ang advice.. thanku and Godbless

      Reply
      • Atty. Francesco Britancio

        Sent an email.

  10. Cassandra

    for attorney’s consultation fee for legal separation, how much will be the cost? thank you.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • Girlie

        How much is the total cost of legal separation?thank you

      • Atty. Francesco Britancio

        Sent an email.

  11. Anonymous

    HI,
    Good day1 I have been separated from my husband for almost 10 years. We are planning to file an annulment/divorced, both agree from my side and his side. I have already a new partner we have been together for almost 6 years now. My husband knows my situation and his willing to file to void our marriages, but cannot afford to pay for annulment. Please, can you help me?
    Waiting for a response.

    Reply
    • Lawyers in the Philippines

      This is a difficult situation.

      Although you can approach the Public Attorney’s Office (PAO), I understand that the PAO has a great deal of work.

      I am not sure that they can help – but it may be good to try.

      The PAO is located in your local hall of justice.

      Reply
      • Mila

        I want to martied again..hope you can help me…

      • Lawyers in the Philippines

        If you are a Filipino married to a Filipino, you must go through Annulment.

        For this, you must hire a lawyer.

        Note that the process takes quite some time.

    • Franchesca

      How much is the total cost for annulment and where can i file it?

      Reply
      • Atty. Francesco Britanico

        I will send you an email.

  12. teddy

    how much will it cost for filing a presumptive of death? and is it possible to do it while im abroad?

    Reply
    • Lawyers in the Philippines

      Hi Teddy:

      A presumptive death case can be filed while abroad but it can cost as much as annulment and requires very strong proof.

      If your goal is simply to end the marriage annulment would be best.

      Reply
  13. Anonymousr

    Hi me and my husband separated for almost 4 yrs and i want our marriage to be void.. Im raising may daughters alone…
    Is cheating can be a grounds for a annulment?
    Even buying a girl for a sex? And living together with other woman? Having a child with other woman? Are those reasons can help for annulment?

    Reply
    • Lawyers in the Philippines

      It can form part of psychological incapacity but your case would first need to be evaluated by a lawyer and a psychologist to build the case.

      Reply
  14. michelle

    hi! i need your help..my husband already told me to call a marriage off its because that we are always fighting and even he don’t have a stable job to sustain our daughter and Im the one who support it right now.He also cheated me one time and now I dont want to live with him anymore.Is it possible for a legal separation eventhough I am here working abroad??

    Reply
    • Lawyers in the Philippines

      It will depend.

      You can start the process abroad but it is often advisable to testify in court for an annulment proceeding.

      Legal separation separates property but does not allow remarriage. Annulment allows remarriage.

      Reply
      • Florife T. Colina

        Can i file legal separation with my ex husband? We’re separated for more than a year, but he ‘s stalking at me in my workplace, nagkaroon po ako ng panic attack dahil he did pysical abused to me kung mkita niya ako! Natatakot po ako, kasi he can do anything dahil addict cya.. Baka anong mas malala ang gagawin niya sa akin.. Ayaw ko na po makipagbalikan sa kanya, hindi ko na po cya mahal! What will i do now?

      • Atty. Francesco Britanico

        Hi Florife:

        You might be best served by getting a restraining order against him.

  15. Lisa Conde

    How to file for a judicial separation? How much & how long will i wait? Thanks in advance

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  16. Jon

    How much for the full legal separation process? And so as to judicial seperation?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
    • Tina

      I’am 16 years seperated iwas abandoned by my husband when my son is 2 years old now i have a partner and we want to be legal what steps i would do

      Reply
      • Lawyers in the Philippines

        Sent you an email.

  17. Eva

    Me and my husband already separated for 4yrs due to his inability to stay at the same work. He is a job hopper which results to inability to maintain benefits for our daughter. I’m currently sustaining all the needs of my daughter who is a special child and I don’t have any news to my husband since then. He also never provided money for needs and such since he is busy job hopping from one work to another even though its an office work. He tends to say he is being bullied in the office w/c idk if that’s a possible same reason to all the works he has been through. Can I ask how much is the rate for annulment in this case and how much years does this take usually? His parents already confessed that he has visited a psychologist but couldn’t maintain it as he declared himself already healed. Thank you!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • Mark

        Hi how much legal separation and how long its will take

      • Lawyers in the Philippines

        Sent you an email.

  18. Anonymous

    I am married for 3yrs but we live in for 8yrs and a total of 11yrs but in that year of relationship we live together for 4yrs,because I work abroad for 7yrs.and now we decided to annulled our marriage because it’s not gonna work out because of his mistakes way back 2013 and until now I cant forget for what he did,we get married because of my sons request,and now I want annulment and he agree as well,so Is it possible to orocess even im here in abroad?and how long it takes?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
    • Abner

      I’ve found out that my wife had an affair while I’m in abroad. Her brother saw them together in bed when the children are sleeping. What is the best action for what she had done. She had been spending the ncome from our small coconut, piggery and rice field. Telling her parents that I was giving a very amount on her alotment. My contract could be verified on this matter. And she delivered a baby which we don’t know who the real father was. What kind of case can she filed in court If I will not give her any allotment anymore.
      I need an advice from you.

      Reply
      • Lawyers in the Philippines

        It will really depend on the situation.

        I’d prefer to have more facts but if there is no child support, one of the cases your wife can file is for child support and one for lack of economic support under RA 9262.

  19. Marie umacam

    for attorney’s consultation fee for legal separation, how much will be the cost? thank you.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  20. Susie

    How much is legal separation and how long will it takes? Can i file it directly with the lawyers without consulting our barangay? Thank you,

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  21. Anonymous

    Good afternoon.
    How much the cost of Legal separation?
    How long its take time?
    Can I process legal separation even I’m here abroad?
    How much the cost of Annulment case?
    Can I process annulment even I’m here abroad?
    Thank you!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
    • Yam

      How much and how long does it take to process a legal separation?

      Reply
      • Atty. Francesco Britanico

        Sent an email.

  22. Jo

    Hi I got married when i was 19 years old to a 34 yrs old man last 2005, and then he cheat on me many times, physicaly and emotionaly abused me and there is a time he transfered a transmited desease which already been cured, and 2008 we have been separated, and since 2012 he stopped supporting my 2 children, we are almost 11 years separated, and now i wanted to file an annulment am i eligible for this?

    Reply
    • Lawyers in the Philippines

      Psychological incapacity is the usual ground used in an annulment.

      Your lawyer would first have to go through your situation in detail to ensure you have a strong case. Then, he can tell you how eligible your situation is for annulment and help you gather the documents and proof needed.

      He would further have to hire a psychologist to further testify to this claim.

      Reply
  23. Alice

    Separated for 10 years I heard now have new law to void married sfter 10 years. Pls advise how much cost if annulment process

    Reply
    • Lawyers in the Philippines

      No, even a long separation is not a ground for annulment.

      As stated in the article, there are other grounds for annulment, but most Filipino marriages will rely on the ground for psychological incapacity.

      Reply
  24. Anna

    Good day. I’ve been married for 25 years with 3 grown up kids. Our 1st 10 years were great. Lots of things happened in the past, like all marriages. I ended up abroad in 2003 now a citizen in another country. We have our own fair share of mistakes, we tried to make it work time and time again, but it finally came down to the realization after he got his retirement from his previous job, he completely forgot me. I’ve been supporting him financially in years while abroad. I got disappointed because his greed took place. lost contact for more than 2 years. and recently connected as I am trying to sponsor my kids for permanency abroad but his stopping them to process their papers. He admits his infidelity, got proof of pictures of him with a different woman. in years I’m emotionally beat up, mentally tortured and is affecting my health. Would this be enough grounds for Legal Separation? We have properties like house, I invested few properties and so he does too. Do i have rights on his earnings and his other benefits and properties even if he just got it recently? for instance brand new car? Thank you in advance.

    Reply
    • Lawyers in the Philippines

      Dear Anna:

      I sent you an email.

      Reply
    • Christine

      I cheated my husband but the very short relationship already ended. He found out about my cheating though and as a revenge he also is having an affair to another woman for almost 9 months now. He told me that he will file for a legal separation, pero kahit Di pa sya nagpa file ay ayaw na rin nya na magkatabi kami SA higaan pag nasa bahay sya…so he told me to leave the house pag uuwi sya Ng bahay. Then balik ulit ako Ng bahay pag wala na sya ulit SA bahay. He is allowing me to stay in the house for our daughters’ sake….nakadestino nga pala sya sa province kaya 2x a month lng sya umuuwi. Another thing nga pala is he is still manipulating my life because he is telling me what to do and not to do regarding my own life..example is… do not marry again if ever..etc…These are my questions:
      1. If ever that we are already legally separated, can he still sue me of adultery (he has the great evidence because I have a sworn statement)?
      2. Can the legal separation proceed kahit hindi ako pumayag dito?
      3. I do not want legal separation, I want an annulment, will it be possible?
      4. Can I sue him of VAWC because he is causing me much emotional and psychology distress due to his ongoing infidelity?
      5. If I sue him of VAWC, can he also sue me of adultery?
      6. Can I also sue him of concubinage?

      Thank you very much.

      From a confused woman.

      Reply
      • Atty. Francesco Britanico

        Hi Christine:

        Legal separation can be more expensive than annulment and does not end the marriage. It is a combative case concerning property.

        Thus, it is best to go for annulment.

        In addition, your husband or you may file cases against each other (depending on the proof and the situation; at the moment it is not possible to say). It can be expensive, take time and effort and very draining. In most cases, it is really best to simply end the relationship and move on.

  25. Ron

    Hello! I’ve been financially struggling providing support for my family so I have to go abroad and I’ve found better income here. The wife stayed in the Philippines to take care of our little kids. But I’ve been receiving messages on some man thanking me for being satisfied by my wife. It’s the start of my doubts of her. She’s always denying about having an affair and I can’t find any other proof of her infidelity for she’s always acting like a behave woman. But my doubts of her just gets worst when she’s trying to explain and each time her statements been changing and obviously one can tell she’s lying about certain circumstances. I lost faith in her. Just then, I fell for someone whom I really wanted to be by my side and when she learned about it,confronted me. Right then,we both decided to break up though not legally yet. We both agreed to not interfere on our personal life anymore as long as I will still support our kids. Of course,as a father I certainly would want to care and support my kids even I’m from afar. Recently, I’ve been receiving complaints from my mother and niece that she’s been going out late at night leaving the kids in the room and coming back at dawn. There’s one time that my son has to be hospitalized because it got caught by a dengue but she was not at home to take care of the sick child. I wasn’t able to make actions on legally separating yet since she was also receiving support from me financially because she has no work and was just lazying in the house and just hanging out having good time outside with her friends and probably with her new guy spending my earnings that is supposed to be saved for my children’s emergency needs. Now I really wanted to end everything with her legally which she,without having second thoughts, agreed it too. What steps should I do first to legally void our marriage? How long will it take? How much the cost would be? How about my kid’s custody? Thank you.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  26. Marie M

    My foriegn husband and i as a filipino were married in singapore and had the report of marriage done. I may ask if we can file a legal separation here in the philippines. Appreciate the help.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • Mila

        Hi how file legal separation

      • Atty. Francesco Britanico

        I will send an email.

  27. Maridel

    Hello Attorney,

    I need your help about my case. Me and my husband been separated for 16 years now. Me and my 2 kids went back to Philippines so that my husband could work and provide. He was not able to get a permanent job due to attitude problem and he keeps hitting my eldest child who was around 2 years old then. I was the only one working, do the daily chores and look after my children. This is the reason why me and my children moved back to Philippines so he could get a job. He never send any financial support at all for my children when he got a job. He married a foreigner after 5 years staying in the foreign country and now they have a son. I went to PAO in our province and they sent summon to his parents’ address but they declined to receive it. They claimed that he moved out or the person is no longer living there which I know is a lie as they his relatives been posting photos in social media that they always go back to Philippines for vacation. I wanted to file a claim for my children and I can’t buy my own property as Pag-Ibig requires his signature. All I wanted is to get what my children deserve and all my insurances would just go to my children without my husband having part of it. And if it is possible, I do not want to carry his last name anymore. Please help. I do not know what to do. Thank you for your valuable time.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  28. KayOli

    How much for the full legal separation process?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  29. Kriz

    Good day,

    Parang napilitan lng po kami mgpalasal ng huband ko ngayon kasi my isang anak kmi.
    Lage lng po kami nagtatalo, hindi na magkasundo. Pwedi pa gawing grounds for annulment yung, tumatabi lng xa sa akin kung makikipagtalik xa. At kung kailan nya lng gusto, at xa lng yung nasasatisfy (i feel like his impotent). After ng masatisfy, tatayo at lilipat nasa ibang kwarto matutulog. He never kissed me or hugged man lng. I feel like, parang parausan nya lng. I always asked him na mag date na kmi lng pro tumatanggi xa…

    Pwedi ko ba yan gamitin grounds for annulment?

    Reply
    • Lawyers in the Philippines

      Most annulments rely on psychological incapacity as the ground for annulment.

      Psychological incapacity may include sexual issues but that should be supported by other examples of the inability of your spouse to fulfill his marital obligations to you.

      Consult with a lawyer formally to assess your situation.

      Reply
  30. Grace

    Me and my partner are planning to get married. But he was married before and they were already separated for 4 years now because his wife had another man and they had a daughter whos 3 yrs old now. What can we possibly do so that we can legally live together. Thank you

    Reply
    • Lawyers in the Philippines

      Hi Grace:

      If your partner and his ex-wife are both Filipinos and non-Muslims, they will first need to go through an annulment before you can marry.

      Reply
  31. Haydie

    Hi. I want to file an annulment. It almost 5 years we are separated. Is it possible for us to show on court even if we both agreed filing an annulment?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  32. Nigel

    Good day,
    How much would an annulment cost and how long will it take? My father is still married to his previous partner, but they have been separated for 23yrs now. We are planning to migrate to another country and this issue is hampering our plans. If annulment costs a lot and takes too long, is it possible to consider my parent’s partnership as a “de facto”.Other countries consider a de facto partnership. Thank you very much in advance for your response.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  33. anonymous

    hi po good day. me and my husband married for 12yrs. and decided to have legal separation. wala na po kasing respetohan na nangyayari. though kahit magkasama kami ngaun…pero kanya kanyang buhay kami.walang pakialamanan. mag iisang buwan na kaming not in good terms. is it enough reasons para mag file ng legal separation? i think he cheated on me…dahil na rin sa mga deleted convo’s sa phone niya. and how much it will cost for the legal ssparation if ever po? salamat.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
      • Ron

        Good morning..im ron isang ofw and im married with 2 kids,,but separated for 4yrs now,,im giving child support every month and my wife is always asking for more,.we settled our agreement sa PAO before .i want a legal seperation…meron ako kinakasama sa ngaun wala akong anak sa kinasama ko..pwede ba ako magfile ng legal seperation at how much does it cost at gaano po katagal ang aabutin,.?pwede ba po ba di ako umapela sa court dahil sa schedule ng alis ko?

      • Lawyers in the Philippines

        Sent an email.

  34. Jenelyn

    I married a guy because I became pregnant but right after he married me and i delivered my baby. He became different. I mean He became She. Identity disorder? is this a ground for legal sep? He admitted to me that he is gay..Thank you

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  35. Janeth

    Hi pls help me. I wanna know if how much would an annulments cost and how long it takes? Thank u

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  36. A Pascual

    Hi, may I know how to file legal separation and if it requires an attorney to facilitate it? Thanks

    Reply
    • Lawyers in the Philippines

      Hi:

      Note that a legal separation does not allow remarriage and can be as expensive as annulment. Legal Separation simply separates property and addresses child support issues.

      As such, Annulment is the usual path.

      For all separations you will need a lawyer.

      Reply
  37. Mhel

    Hi.
    As i dont love my husband anymore but he kept threatening me that he will not accept to leave me, any good lawyer you can suggest.. im desperate to start the annulment.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  38. Mrs Xwife

    My Husband and I had a lot of indiffirences and we have been living separately for more than 4 years now. Is it enough reason to file that there were 2 incidents of physical (one of which in front of the children) What is the best thing to do to end the relationship legally.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  39. Joel

    Hello, how much it will cost to file a legal seperation and annulment? The situation is, me and my wife just married bcuz I got her pregnant and the company that she is working will terminate her if she’s pregnant but not married. But then I noticed that when she is irritable or hotheaded she harassed me, shouting and saying bad things to me, it really affect me psychological and physically. Its been 2 yrs since then cuz I work abroad and still hunts me everyday of everything she done to me. I am the only one supporting my children cuz she cant support them even though she already have a job.

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  40. Jeasel

    Hi, May i know if what will happen or our wedding is valid for annulment? I married at the age of 21 without parents concent because its secret wedding,
    then now we are separated and I have a new partner. still valid paren ba yung kasal namen kase walang parents concent and walang alam mga pamilya namen sa tungkol sa kasal. or I can file an annulment?

    Reply
    • Lawyers in the Philippines

      Hi:

      An annulment on the basis of lack of a parent’s consent will depend on the situation.

      Another ground often used is that of psychological incapacity and can be examined to see if it corresponds to your case.

      Reply
  41. Ray

    I need legal advise on what grounds to use for annulment. How much is the consultation fee?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  42. Winz

    Ii need a little information and advise what are the grounds forannulment and how much it ccost

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
    • ronelyn

      how much cost for annulment ?? i decided to file an annulment coz we didnt understand each other and he said that its okay for him , he will signed the annulment papers . thanks !

      Reply
      • Atty. Francesco Britanico

        Sent an email.

  43. Ram

    Hi. I just want to ask question. I am a battered husband, my wife repeatedly abused me physically and with threat and coercion. I’ve decided to leave her and stay with my relative and not to return to her anymore. I have here my medico-legal copy, and police report copy. In addition, we have also a property and I don’t care anymore. Can I use this for grounds for annulment?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  44. Rina

    I have been separated from my estranged husband for 15 years. Last 2011 he remarry even though our marriage is not yet annulled. From what i heard, he used a different first name with the same family name. They also said that he was able to get married because our marriage was not registered in PSA. I want so bad to be free but i am financially incapable to file for an annulment. Pls help.

    Reply
    • Lawyers in the Philippines

      Hi Rina:

      If your marriage was valid, then unfortunately the only way to end your marriage is the file for an annulment.

      If your marriage was valid and he married again, then this new marriage is void and can cause him many problems down the line.

      It is not recommended that you marry while still married.

      Reply
  45. Angie

    How much does legal separation and annulment cost ?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  46. Madz

    How to file legal separation and how much does it cost?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  47. Leo

    Good day! i have 2 marriages, 1 civil & church,in the 1st im working abroad that time & after 6mos of marriage argument came & when i came back shes nowhere to be found till now, we have no kids, my 2nd, we were married for almost 20 years with kids now, my question is how to dissolve that 1st marriage, pls help.. thanks in advance

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  48. Sheryl Rose

    Good afternoon.
    How much the cost of Legal separation?
    How long its take time?
    Can I process legal separation even I’m here abroad?

    Reply
    • Lawyers in the Philippines

      Will send you an email.

      Reply
  49. Jerome

    I am separated with my wife for 11 years our marriage did work as planned so we both go on our separate ways she is living in Luzon while I’m in Mindanao and we never seen each other also for 11 years. Is there a way to nullify our marriage fast and is there a law that nullifies us because we’ve not been together for all this years.

    Reply
    • Lawyers in the Philippines

      If you are both Filipinos, you must go through the process of annulment to end the marriage.

      The other options either do not end the marriage or do not apply to you.

      Reply
  50. Miguel

    Hi

    Gusto ko lang po magpaconsult both of us want annulment how much po and gaano katagal ang process ? Ano po un dapat nmin ireconsider para maannul kme?

    Reply
    • Lawyers in the Philippines

      Sent an email.

      Reply
  51. Angelo

    Hi,
    i am thinking of annulling our marriage or just go with the Legal Separation. My wife cheated on me a couple of times and i do not want to be with her anymore.
    How much is the Legal Separation cost and how long will it take?

    Thank you!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  52. Betty

    Hi , I would like to inquire about the process of legal separation and how much will it cost? Thank you.

    Reply
    • Lawyers in the Philippines

      I will send an email.

      Reply
  53. Mystique

    My husband and i always argued. He also took for granted me and always in his favor. We have 2 kids. Im very stressful about my husband than my kids. Can i file an annulment or legal separation? How much it cost? How long the process? Many thanks

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  54. Unknown

    Good day!
    I am 9 years married to the man who’s i found out that alrady married but the woman he married before is also married to other man befor him and it still valid because theres no court decision. Is our marriage valid and his marriage to the first is void from the beginning? Is my husband still need to file for void marriage on his first marriage?

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  55. Depressed Wife

    Hi I am married for only four years. We have been a couple for 5 yrs, and separated for 2 years before we reconciled and decided to got married. We have 2 children prior to our wedding and have another child after marriage. After a year of our marriage, I have realized that he didn’t change at all. His attitude, his treatment to me, his bad habits. We both have good jobs but we always had a fight in money because he is in debt of almost a million pesos most of it are all his decisions and he is not fond of getting my consent for money matters. he is into business dealings that i am not mostly aware of. I realized that he is not the man I wanted to myself with. I am verbally abuses, emotionally abused and psychologically abused. I am forced to sustain my children’s need because he is into a huge debt. Still he doesn’t appreciate me. One day I just realized that all the love I have for him were all gone and now I want to be free from that piece of paper that binds us together. I am planning to buy my own house and without his knowledge. I don’t want also to be part of his debts and businesses that I do not know about. We have no physical contact for nearly 2 year already. We are just living together for the sake of the children. What do you think best suit me? Legal separation or annulment? I don’t love him anymore and I want a separate lives for the both of us.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  56. cherry

    Hi.. just want to ask a question i got married 2002 and it ended year 2005 after my husband cheated on me..year 2007 he file for annulment on the grounds of psychological incapacity. It took as a year and half and still nothing happened…i wasnt informed by my lawyer what really happened with the case since i was working abroad all the time the hearing went through..until one day my husband just stop appearing on the court and there was no decision at all..i still dont have plans of re marrying but im still uncertain if i will go to other country and this might affect my marital status..what can i do to check if what need to be done..i dont have contact with my husband anymore..do i need to re apply the annulment or what??please help..Thank you

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  57. Glamour

    Hi! Before we were married he was US citizen.. for us to get married sooner he renewed his dual citizenship.. he used filipino citizen so the civil registrar did not look for the certification of capacity to marry from US embassy. i found out that he was not yet divorced from her previous marriage in the US.. he went back to US.. we separated in 2016 and until now he never wanted to contact me.. i already sent him thousand of messages for him to send me their marriage certificate.. what should i do? For i wanted to start a new family and i already have a partner..

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  58. anonymous

    Hi..I just want to ask for Annulment procedures if;
    My wife and I had a lot of past relationships between the time that we are married.
    We don’t have a child. And we decided to end up our relationship and been separated for almost 10 years now.
    Both she and I have a new relationship now.
    And we decided to file an annulment. We just want to ask if it can be grounds to annul our marriage and how much can be our annulment be cost?

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  59. Judy Ann

    Hi good evening. I just wanted to ask what is the best way to end marriage. I got married 5 months after I got 18 due to early pregnancy believing it will be good specially for the baby. But during our 4 years of marriage we quarreled many times. Our relationship is really unhealthy. And it’s been a year we decided to separate ways but we don’t have have any legal separation. What must I do?

    Reply
    • Atty. Francesco Britancio

      Hi Judy Ann:

      The only way to end a marriage is to go through Annulment.

      Legal separation only ends the the property regime and arranges child support. In addition, it can be more expensive and more difficult than annulment.

      Reply
  60. Joan

    Good day. Just want to ask how much it cost to file for legal separation?. Though we don’t have any property to separate but I’m planning to buy some in future. Just want to secure what i will invest in future will he no longer have the right on it. All my documents was still on my maiden name. Havent change my status yet. Can I used my maiden name in buying properties? Thank you in advance.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  61. David

    We were not living together for 5 years & we have 1 son. I am already living with another woman. Can i file for a legal separation?

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
      • Miaka

        Hi , i’d like to ask about my case. I need a recommendation on what i can do, my ex told me when i was 18 that we should get secret marriage. we did, he said it will be cancelled if we dont really marry in Church after a year. we split up a year after and i left the Phils. I left also because i was scared of him coz he was stalking me, spreading false news about me. and he tried to kill himself. now im 34yo. i now found out he has his own family, married in Canada , with 1 kid . i dont know how he got married. Coz i requested for cenomar last year or the year before, i saw that im registered married to him. We never lived together. basically in College we we dating , in-love and naive. got a secret marriage-as he told me. after that things got really nasty. and i broke up and left Phils. He blocked me for a few years on facebook so i didn’t really try to stay intouch. We didnt see each other since 2007 . Can you please advise me what i can do to void this marriage? Im still kinda single , no kids, thanks

      • Atty. Francesco Britancio

        Hi:

        You will need to go through an Annulment.

        A legal separation only ends the conjugal property regime and arranges child support but it doesn’t end the marriage.

        Annulment seems to be your only option, if you are both still Filipinos.

  62. Nel

    Hi good evening. My wife asked me to leave her because she was tired of me 20 years back. And during those time I was not able to be a good husband and father because I became alcoholic and have used dangerous drugs or illegal drugs. I was depressed during those days. Now it already 20 year and I’ve met someone who have helped me recover and heal from being an alcoholic and an illegal drug abuser. I am clean now for 15 years. Can I apply for annulment or am I still liable if they know I have a girlfriend after 20 years of being separated?

    Reply
    • Atty. Francesco Britancio

      Will send you an email.

      Reply
  63. peter

    my wife is a nagger, everytime i arrive home late, she would accuse me of doing other things. as much as i want to make up with her, Im tired of explaining. we even have different point of views in life and cya palagi na susunod on all decisions. can this be a ground for annulment?
    how long is the process?

    Reply
  64. Kim

    My husband started cheating since 2011. And we are no longer together since 2012. He’s been with the same girl until now. The girl is also married. My husband does not support our 3 children regularly. He sends cash sometimes 2k pesos o 1k pesos once in a blue moon. Can I file a case for not supporting our kids? Also I want a legal separation.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  65. Kresta

    Hi, how much would it cost for the annulment and I want to talked about it privately. Thanks

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  66. Aika

    Can you file legal separation alone?
    How much does it cost?
    For the annulment what could be the process and how much would it be?

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  67. jerald

    is legal separation free here in the Philippines?

    Reply
    • Atty. Francesco Britancio

      Legal separation is a court case that has attendant costs.

      It is usually charged.

      Reply
  68. Jay Ro

    How much the cost for the following fees and need to void my marriage

    Filing fees
    Court Appearance Fee
    Lawyer’s Acceptance Fee
    Pleading Fees
    Miscellaneous Fees

    Reply
    • Atty. Francesco Britancio

      Will send an email.

      Reply
  69. Vancathnic

    Hi, 7months after i got married me and my husband decided to end it because he impregnated someone else and chose to live with her. Its almost 10years now. Will this be a ground for legal separation? He doesnt have money to file for annulment but I want to buy a house for myself.

    Reply
    • Atty. Francesco Britancio

      Sent an email.

      Reply
  70. Reysel

    How about nullify of marriage how much is cost? The reason is my husband had a previous marriage and it’s not yet void?how much it will cost and his signature in our marriage certificate is not the one that he used in all his documents…

    Reply
    • Atty. Francesco Britanico

      I will send an email.

      Reply
  71. Kathy

    Hi, My husband and I were married for almost 12 years. Gusto ko na makipaghiwalay dahil 12 years na kami lagi nag aaway lalo na pagdating sa pera. Ilang beses ko na rin siyang nahuhuling may ibat-ibang babae sa cel nya. Hindi na nya kami masuportahan ng maayos and ako lagi ang gumagawa ng way para maresolve lahat ng problems namin financially. Sobrang pagod na po ako and masyado na kong drain dahil sa madalas namin pag aaway and wala ng respeto sa pagitan namin. I am planning to work abroad para may pangsuporta ko sa mga kids ko and sa plano kong annulment sa kanya. How much would it cost po sa lahat ng fees? Thank you and God bless.

    Reply
    • Atty. Francesco Britanico

      I will send an email.

      Reply
  72. Crom

    How much the cost for the following fees and need to void my marriage/ filling of annulment

    Filing fees
    Court Appearance Fee
    Lawyer’s Acceptance Fee
    Pleading Fees
    Miscellaneous Fees
    Psychologist Fee

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  73. Cassie

    I found out that my husband is gay and he abandoned me for 2 years now. We don’t have kids and we don’t have properties. How can I start my legal separation or annulment?

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  74. A

    Hi, I got married last year (but been living together for almost 10 yrs) and leaving it after 2 months. In almost 10 years, it seems like I am not being satiafied with my husband sexually and emotionally which caused me to get involve to another man. The reason I went to it is I was pregnant that time. Ffwd, I met a guy and I love him and we wanted freedom from being married. I wanna know what is the best this to do. I am afraid to lose my kids’ custody. I don’t want it to happen. We are now separated (house) for a year now. I wanna know how much would it cost for an annulment? How long the process is? Ang if there is a chance I will win as I am the guilty? Thank you

    Reply
    • Atty. Francesco Britanico

      I sent an email.

      Reply
  75. null

    We’ve been separated for almost 6 years now. He cheated on me and they are now living together. They also have twins.
    I wanted to have freedom but he doesnt want.
    How do I start the process of annulment?
    We got married before when Im just 21 y/o. And faked the signature of my parents consent. Can this be considered as null and void? Even my address in the Marriage Certificate was something made up. I checked the Marriage Certificate and it’s registered.
    Please help

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  76. Ann

    Wha if the marriage is as early as 4months? Can I file annulment? No sexua contact at all for 3 months and we do not agree most of the time and most of the time we do not talk ….

    Reply
    • Ann

      And also he cheated on me …

      Reply
    • Atty. Francesco Britanico

      Hi Ann:

      It may be possible but annulment requires grounds.

      You would need to speak to a lawyer to have your case assessed and so that the lawyer can understand your case facts.

      Reply
  77. Rochelle

    Hi,

    I would like to know, after an annulment is granted. Is the husband required to provide, If the case filed was Psychologically Incapacitated?

    Reply
    • Atty. Francesco Britanico

      Do you mean child support?

      All parents should support their child by law.

      An annulment can be a good place to work out the details.

      Reply
  78. Mary Ann

    It is possible to file an annulment because my husband was in prisons almost 2 years and their case was RAPE.?

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  79. Arjie

    Hi. Seeking for your advice. Me and my wife do not see each other anymore. Wala na sya sa bahay. She left 4 years ago. Since we got married last 2014, never namin nakuha ung marriage contract namin. Now gusto na namin parehas lumagay sa tahimik. Gusto namin magpa annul parehas but it is too expensive. What advise po you can give since both parties agree na maghiwalay na? Then may kasunduan na po kami sa properties and child custody

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  80. Wilma

    hi!I got pregnant and our parents have an agreement to marry.after 5 months of marriage we ended up into separation.we are 20 years seperated without any contact can this be declared as nullity?

    Reply
    • Atty. Francesco Britanico

      You must still go through the court process of annulment if you wish to end the marriage and file based on the grounds enumerated.

      Reply
  81. Anonymous

    Hi! My partner for 2 years has been separated from his wife for about 5 years. He caught her having an affair with another guy at that time. Is it possible for him to file for legal separation or annulment?

    Reply
    • Atty. Francesco Britanico

      Hi:

      Legal separation does not allow remarriage.

      Only annulment does.

      He would be better served by annulment.

      Reply
  82. Abby

    Good day!

    I would like to know how much would an annulment cost and how long will it take?

    Reply
    • Atty. Francesco Britanico

      Hi Abby:

      I will send you an email tomorrow.

      Reply
  83. Tina

    How much does a legal separation cost and how long would it take to finish the process?

    Reply
    • Atty. Francesco Britanico

      Sent an email.

      Reply
  84. grace

    Hello po.

    What are the requirements to file for legal separation? What if my husband abandoned us for 10years now and I don’t even know where he truly is? Can I file for legal separation on that grounds po? Thank you

    Reply
    • Atty. Francesco Britanico

      Hi Grace:

      Note that legal separation does not end the marriage and does not allow remarriage. It only determines the ownership of the properties.

      Thus, annulment is the only option to end a marriage between 2 Filipinos.

      Note that the grounds for legal separation can be found in this article: https://lawyerphilippines.org/2017/04/03/legal-separation-in-the-philippines/

      Reply
  85. Prissy

    Hello, my sister got married in our house performed by someone not authorized to do so. Just an employee of the city municipal and they asked them to sign legal documents. He just went to our house he didn’t performed any ceremony was only there and asked them to signed the documents.

    Reply
    • Atty. Francesco Britanico

      Hi Prissy:

      If the marriage is recorded in the PSA, then the marriage must still go through a court case called annulment for it to end.

      Reply
  86. Ian

    Im marriage 2006 not intention to marriage We only signed the contract due to lack of ways, theres is no other person who is allowed to so the ceremony we signed when we are in hospital. Sept 19 2006 and dated the marriage sept 13 2006. Can i file a void marriage even it is 10yrs above has pass

    Reply
    • Atty. Francesco Britanico

      Hi Ian:

      If it has been registered in the PSA, the only way to end the marriage is through annulment.

      There is no other way.

      Reply
  87. Sydney

    My Mum and Dad separated 29 yrs ago. If my Mum wants to remarry abroad would it still be a long process to annul their marriage here in the Philippines? My Dad has his own family since with 2 kids.

    Reply
    • Atty. Francesco Britanico

      Hi Sydney:

      Annulment depends on the situation.

      A good estimate of the time it takes depends on the actual case facts and situation. This will then identify what the potential issues are that could slow down the case, and then provide an accurate timeline.

      An annulment with good proof, no disagreement re property and child support and an relatively good court would take about 2-3 years. Again, this depends on the situation.

      Note, it is really best to annul the marriage. So many clients have run up against inheritance or property issues simply because they did not take care of the legal side of ending the marriage and this has caused them much grief.

      Reply
  88. Karen

    Is mutual understanding between husband and wife to have legal separation a ground for its approval? The husband is going abroad and it seems wants to avoid having financial support to his wife and child (15y/o). The wife have gone through repeated sexual and economic abuse and both have admitted not having consummated the marriage since April 2016.

    Reply
    • Atty. Francesco Britanico

      Hi Karen:

      Legal separation is a specific court case. It determines who conjugal property belongs to. I believe it is Annulment that more adequately fits the situation.

      Annulment is another court case that ends the marriage. It also ends the property regime and determine child support. Thus it is the only course for ending a marriage between 2 Filipinos. Its most common ground is psychological incapacity.

      Reply
  89. maricris

    We’ve been married for 20 yrs , 3 kids (20,19.7). we got a lot of problem this past yr. Until I discover that my husband has an affair to our kumares. But they relation was already on the 3rd yr. When I knew to make a way to settle everything. I though that it was over when after a year I discover still continues their relationship until now . Meaning their relationship was almost 7 yrs. My husband need t go home in their place since I ask for space , from oct 2019 – until Feb 2020 ( 4months) need to go back bed of my child was sick. But then I discover again another affair of my husband thru chat aside from the girl here. Now My husband telling me He really did not love me from the start . I just got pregnant why he married me. Now I’ve learned my lesson, I am checking all the chat thru messenger and print all the chat of my husband for different girls, which it will be showed that he keep on cheating on me. I’ve been the one who have a work. my husband dont have permanent job , So can I file for annulment or legal separation. The only property that my husband has is his will from her parents apartment. If file of support can we ask for the rent of the apartment.

    Another thing if accepted in the court the printed out chat converson from games to cubao o baka naman s atin lang.

    Reply
    • Atty. Francesco Britanico

      Hi Marichris:

      Legal separation does not end the marriage. Legal separation only focuses on property rights.

      The only way to end the marriage is annulment and the grounds will have to be determined during a case assessment with a lawyer. During annulment, property issues can be worked out as well.

      Reply

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  1. Legal separation in the Philippines - Lawyers in the Philippines - […] To see how to dissolve your Philippine marriage, check out 3 Ways to Legally Separate if You’re in a…
  2. Annulment (Nullity of Marriage and Psychological Incapacity) - Lawyers in the Philippines - […] Other than death, there are only 3 ways to legally dissolve a marriage in the Philippines: […]

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