Annulment (Nullity of Marriage and Psychological Incapacity)

by | Jun 4, 2018 | Family Law, Annulment & Other Separations

Bride and Groom facing away from each other on a red background.

While Filipinos use the term ‘Annulment’ to refer to all cases where marriages are dissolved, the most common method is actually Nullity of Marriage based on Psychological Incapacity.

I’ll discuss the timeline, cost, and process for the most commonly used ground for Nullity of Marriage (Psychological Incapacity) to give you an understanding of court requirements.

The court process for Annulment can be a long, complicated, and costly process. But despite these, it is often necessary and advisable to go through the process due to its importance with regard to your property, children, and future relationships.

Chapter 1: Before your File

A quill and a scroll to show the preparation needed before filing a case.

There are 3 ways to end a Philippine marriage, but they might not be applicable to your situation.

Read on to figure out what applies to you.

Is Nullity of Marriage the Right Option?

Other than death, there are only 3 ways to legally dissolve a marriage in the Philippines:

Although there are 3 ways for Filipinos to legally end a marriage, most will go through Annulment.

Most cases fall under Annulment or Void Marriages.

Recognition of Foreign Divorce

While the first option is faster, cheaper, and simpler, it only applies when one of the partners was a foreign citizen at the time of the divorce. If not, it cannot be used.

The last two options are applicable when you qualify based on any of the grounds under the Family Code.

While most Filipinos confuse the two and call them both Annulment in everyday speech, they are actually two distinct types with different effects.

An angry wedding couple with a void marriage certificate.

Void marriages include Art 36’s Void Marriage due to psychological incapacity.

Void Marriages (Annulment with Psychological Incapacity)

  • Is when the marriage is void from the start
  • Grounds are from Art 35, 36, 37, 38 and 53 of the Family Code. These include the well-known psychological incapacity, as well as marriages between those less than 18, marriages performed by someone without solemnizing authority, marriages without a license, incestuous marriages, etc.
  • Children born of the marriage become illegitimate unless the ground used is Art 36 (Psychological Incapacity) or Art 53.

Voidable Marriages

  • Is when the marriage starts as valid but can be voided
  • Grounds are from Art 45 of the Family Code. These include marriages where one was over 18 and under 21 when the marriage was solemnized without the consent of a parent or guardian, where either party was of unsound mind, where the consent of either party was obtained by fraud, force, intimidation or undue influence, marriages where either party was physically incapable of consummating the marriage with the other, marriages where either party was afflicted with a sexually-transmissible disease
  • Children born of the marriage are still legitimate

The applicable grounds and whether you have children are big factors in determining which type of case you can file and should be taken in consultation with your lawyer.

Explaining Annulment

For most married Filipinos, declaring a marriage void on the ground of psychological incapacity is the only way to end a marriage.

While similar to divorce in that you can remarry afterwards, it is based on different grounds.

A woman and child being abused.

Psychological incapacity is when one spouse cannot fulfill the requirements of marriage.

For instance, adultery is not a ground of dissolving a marriage.

Living apart – even for many years – is also not a ground.

In additional, irreconcilable differences does not exist in the law.

Art 36’s psychological incapacity is what is most often used.

Psychological incapacity is when one spouse is psychologically incapacitated to comply with his obligations as a spouse. It can manifest as substance abuse and physical abuse, among many others. However, these are not grounds in and of themselves and instead it is the totality of evidence that proves psychological incapacity.

Annulment is a formal court process. It will require witness testimonies and it will require you to go to court at least once. It will require a psychologist to testify on the alleged psychological incapacity.

A courtroom listening to a witness testimony.

Annulment is a court case as are all legal changes to civil status.

You should expect annulment to take at least 2 years.

If contested, it can take longer.

Annulment requires you to be financially prepared.

Big firms may charge a Php 500,000 or more over the course of the case. Smaller firms charge Php 300,000.

This is mainly due to the psychologist’s fee, the legal pleadings and the numerous court visits.

However, if you and your ex-partner can agree on property and children, it will be much faster and more economical.

Grounds for Nullity of Marriage

Psychological incapacity is the most popular ground for a void marriage.

Other grounds are discussed in Art 35, 37, 38 and 53 of the Family Code.

A summary of the other grounds are below. (The complete text of the Family Code should be at referred to for further clarification.)

A couple torn apart as one of them was under 18 at the time of the marriage.

One of the grounds to void a marriage is if one of the spouses was under 18.


  • If you or your spouse was under 18
  • Marriage was performed by solemnizing officer who didn’t have the official capacity to perform the service unless you one of you believed he did
  • Without a valid marriage license although exceptions exist
  • Bigamous marriages
  • If there was mistaken identity
  • Subsequent marriages under Art 53, which deal with recording the judgment of nullity and partition of property and legitime in the Civil Registry for a previous marriage.
  • Psychological incapacity
  • Marriages between ascendants and descendants, brothers and sisters even if illegitimate, and other incestuous situations such as if the child is adopted (Art 37 and 38)

These grounds are legal concepts and come with conditions and exceptions.

Take, for example, the requirement of the marriage license. Although in most cases, a marriage license is indispensable for a valid marriage, the law provides for certain exceptions.

One of them is that it is that no marriage license may be required when one of the parties is on the point of death.

For the exact wording of the law, please see this.

Chapter 2: The Process

The process for annulment.

It’s most likely that psychological incapacity will be the ground used.

I’ll discuss the step-by-step process from filing to successfully receiving the decision.

Infographic discussing the 7 steps to Annulment.

Annulment is a 7 step process.

While the below process is somewhat similar for other void marriages, I focus only on Nullity of Marriage for Psychological Incapacity as it is the most frequently used ground. (And often also the only one applicable).

Step 1: Engage a lawyer

You’ll need to engage a lawyer for annulment.

In cases where child custody and property division are problems, an advocate is essential.

He or she can approach the other side and negotiate on your behalf without emotion to help you reach an agreement.

This in itself goes a long way towards ensuring the case goes smoothly.

Hiring a good lawyer helps in reducing the errors and smoothing the process.

Hire the right lawyer!

In addition, he can ensure that the forms and processes of the court are correctly followed to avoid future problems.

When choosing your lawyer, choose one that you communicate with well.

You will need to tell him everything so that he can prepare and foresee problems.

You will also need to be very clear as to what you want from the case. Set your goals.

What are your prepared to compromise on with regard to property? What can’t you compromise on?

Make sure you can meet the costs of the annulment itself and discuss fees to properly set expectations.

Step 2: Interview with your lawyer and psychologist

You’ll need to be interviewed by the lawyer and your psychologist thoroughly before the Petition is created.

A man and a psychologist undergoing assessment for psychological incapacity.

You’ll need a psychological assessment.

The Petition will be created from based on the information gathered at this stage. The grounds for psychological incapacity will be based on your interview with your psychologist.

This is very important. Annulments have been denied when the psychologist hasn’t personally met with the petitioner.

As the petition is the basis for the rest of the evidence that you present, it is important to get this done prior to its creation.

Step 3: Preparing your Petition

After your interview with your psychologist and lawyer, you will need to approve the final draft of the Petition.

You must correct any inaccuracies to ensure your case doesn’t have an error that could jeopardize its success.

The Petition must state the complete facts constituting the basis for the case.

A completed petition prior to filing.

You’ll need to write a petition before filing at court.

It must also state the names and ages of the common children of the spouses and specify the regime governing their property relations, as well as the properties involved.

The Petition may include an application for a provisional order for spousal support, custody, and support of common children, visitation rights, administration of community or conjugal property, and other similar matters if there not already an adequate written agreement for this between the spouses.

The Petition must be signed by both the Petitioner and the lawyer, and it must be sworn to under oath by the Petitioner.

Step 4: Waiting for the Court

Your Petition will then be filed with your city’s Regional Trial Court and docketed at the branch designated as the Family Court.

The Court will take steps to formally serve summons. The summons and the Petition will be personally served on your spouse.

A man with a clock in front of a courthouse waiting.

You’ll need to wait a bit as the court assigns your petition and arranges other legal requirements with your lawyer.

If your spouse cannot be located, the court summons will be published in a newspaper for two consecutive weeks and sent by mail or other means to his last known address. If he lives in another country, then the process adjusts slightly to accommodate this.

The Court will also request the Public Prosecutor to file an Investigative Report to ensure there is no collusion between spouses.

Step 5: Pre-Trial

After the above Court processes have been successfully hurdled, your case will go through pre-trial.

The lawyer will prepare the pre-trial brief to summarize all your claims and your evidence. Affidavits from your witnesses will also be prepared at this point.

An encircled date on a calendar to show that pre-trial also goes through some issues.

Your lawyer will put together the pre-trial brief.

During pre-trial, the calendar of court hearings will be scheduled.

Although mediation and the admission of facts to reduce to the scope of the trial are typically aspects of pre-trial in other kinds of cases, the scope of these is restricted in cases for annulment.

Step 6: Going Through Trial

Trial is the longest stage.

During trial, your lawyer will be called to present your case according to the calendar of court hearings set during pre-trial.

Testimony is heard by the judge.

The trial takes some time!

Evidence will be presented and your witnesses will be questioned by the Court. You yourself will ideally be a witness, together with others who can testify to the facts of your marriage, as well as the psychologist who prepared the report.

This part takes multiple hearings and will also involve a number of written submissions to the court.

Step 7: Receiving the Decision

Assuming a favorable decision is received, can thereafter be submitted to the civil registrar so that your marital status can be amended. This dissolves the marital bond for good.

The judge will issue a decision granting your annulment.

Finally done!


Your annulment is complete!

You can now remarry, immigrate as a fiancée abroad, and buy property without worrying that your former partner has a claim.


  1. Maris

    Honestly.i read many times and think it over and over.Only God can help me about my case..Annulment of marriages and legal separation must be..But financially i am not capable..I’am a martyr,only one who survived for my 4 children.we are long years separated because he is Drug addict and alcoholism.and Narcissitic personality Disorder/ respects to me and my children,no marital support as a father.”psychological incapacity”..all my children was on my custody since i go abroad..My priorities was the education and safeness of my children and good future!How our law help for the case like me?so unfair .please help us! to become free.. thank you!

    • Lawyers in the Philippines

      Will send you an email, Maris.

      • Lorevic

        Hi sir;
        I would to asked po,a sepated for 13 years sa husband ko .my 3 kaming anak and the youngest 1 is 17 years old but he is a PWD witn conginital hydrocephalus.and He never support with his 3 son sinced he left our house 2007.and he has his own family now in his home Town. My question is if i will file a case for him .can i use the ground of 12 years of abandonment with out support? What do i need to do ? Can i use PAO lawyer? Plss thanks

      • Atty. Francesco Britancio

        PAO may only be able to help for child support.

    • Liezl

      Hi po good day!
      I’m Liezl, u was being abused physically, emotionally and I could say espiritually? Isa po akong balik Islam newly convert but my convertion legality is still on process, even nasa malayo sya dahil nasa Saudi sya ngayo magawa PA din nya akong abusuhin sa aking pagka asawa at pagiging Tao, dahil wala syang respito sa akin. Kahit nga buntis akok noon at magawa nya PA rin akong saktan, hindi nya kami kayang e priority sa buhay nya. Hindi ko na po sya hayaang abusuhin ako NG paulit ulit, ako po ba ang pwede Kong gawin,, graying nasa malayo sya

      • Atty. Francesco Britanico

        If you were married in Catholic rites, you will need to go through annulment.

        This is a 1-1.5 year court case.

        First determine if that is the right thing to do in your situation, and then you must find a lawyer to file the case for you.

  2. manny

    How about those separated without kids and no assets to argue about? Hindi ba puedeng madali at least pag ganito ang case? We both suffer and not able to move with our lives because of this law.

    • Lawyers in the Philippines

      I will send you an email.

      • Aleic

        How about those separated without kids and no assets to argue about? Pwede bang madali at least pag ganito ang case? We both suffer and not able to move with our lives because of this law.

      • Lawyers in the Philippines

        Hi Aleic:

        If there are no kids and no assets, there may be less opposition from your spouse.

        It would still require going through the annulment process however.

      • Lyn

        How about po, nandito po ako abroad and i’m a citizen na po dito, since nong pumirma po kami hindi po kami nagsama, and sabi po sa akin ay hindi po naka registered yong pinirmahan namin, at nagpakasal po sya ulet sa iba, hindi po ako humabol kasi sabi po nya na hindi naka registered yong pinirmahan namin dati. Ngayon po nalaman ko sa asawa nya na naka register pala. Ano po ba ang tamang gawin para mapawalang bisa po ang aming napirmahan , kasi may pamilya na din po ako ngayon.

      • Lawyers in the Philippines

        Hi Lyn:

        It seems as though you are not yet certain of your civil status.

        Check with the PSA first by ordering your CENOMAR through the PSA serbilis.

    • Liza

      Im living with someone now who is living seperately from his wife, who at the time of the marriage has cheated with him and had a kid with another man. Can this be used as grounds for annulment, and if so how much will be the cost.

      • Lawyers in the Philippines

        Sent you an email.

      • Anne

        Our annulment process is pricey and very complicated for people who just wants tl be free from an abusive relationship. Especially when kids are involves. I would want to file for annulment but do not have the resources to do so. It’s just sad that the law who protects peopme also is the law who makes life hard for some.

  3. jurevey

    I am separated for more than a year now from my husband. We mostly fight because of his insecurities and self pity.He cant provide me his physical obligations and because of that we fight intensely. He usually throw gossips about me with his friends saying i have a relationship with another man. Im always emotionally unprepared that’s why its giving me emotional tortures that’s why i gathered my strength and send him home. I dont have the financial capacity to handle the process, can you please help me???

    • Lawyers in the Philippines


      If you want to separate from your spouse formally so that you can remarry, annulment is certainly the correct option.

      It is a 2-3 year process as the courts are often very clogged.

      Government services such as the Public Attorney’s Office (PAO) can help cut down on cost but they only serve those who have an monthly income of less than P14,000 if in Metro Manila. You might want to try this option first.

  4. James

    What about if marriage was for two weeks and husband returned to America and never returned and no contact. Basically abandoned the new wife that he tricked into marrying. She has checked the govt authority and it was recorded. Can she get it expunged some way for less

    • Lawyers in the Philippines

      Sent you an email.

      • Mark

        Good day po,
        Ask ko lang ano ano po ang pwede i file na grounds para maka pag file ng annulment petition po?, friend ko po na lalaki ang mag fifile ng annulment 2years na sila hiwalay ng asawa nya ,ano din po ang mga proseso ? thanks po sa feedback.
        Gaano katagal at mag kano po ang magagastos?

      • Atty. Francesco Britancio

        Will send an email.

  5. Ronel

    How about those seperated more than 18yrs without kids and no assete, no argue about? Madali bang madali atleast ganito ang case?

    • Lawyers in the Philippines

      Unfortunately, even a separation of these many years is not a ground for annulment.

      Annulment is solely limited to the grounds above.

  6. Ten

    What if the ex husband is living with his new partner for 12 years and they already have 2 kids. I was abandoned for almost 13 years and receives no financial support for our daughter. I just turned 18 when we got married and he was 19. My dad just faxed a consent since he’s ik abroad. We just need to be married because we will be expelled from church. Can this be grounds for annulment as it seems that we were forced?

    • Lawyers in the Philippines

      Sent you an email.

      • ana

        I have a friend and that he wanted to have and annulment. they are not living together with his wife for more than 10 years.. can it be a ground for null and void for marriage?

      • Atty. Francesco Britancio

        Abandonment can support the argument but it is not a ground in and of itself.

        The usual ground used is psychological incapacity.

        Sent an email.

  7. Elsa

    How much it usually cost for the annulment and year it takes? what’s the possibility will be the reason for the annulment won’t be granted? thank you.

    • Lawyers in the Philippines

      Sent an email.

  8. Jozienda Villamar

    Were been separated for 8 years.and he has a new family now with 2 kids now.we have 3 kids and stayed with his parents.
    Nambubugbog sya..kaya ko sya iniwanan.
    Ikinasal kame nong 21 years old ako.ayaw ng magulang ko sa partido lang nya ang naron.
    Hindi ko kaya ung presyo ng annulment natin sa pinas.paano po gagawin ko

    • Lawyers in the Philippines

      Annulment is the only way to end a marriage between 2 Filipinos.

      You may wish to try to work with the PAO. Note that the PAO only caters to those with a monthly income lower than P14,000 in MM.

  9. Anna

    I am married with American man and we have a baby on a way. We married in the Philippines for 3 months now. We decided to have an annulment or divorce due to we apart to it’s other and could not support our needs and i have a big share in terms of expenses. If we undergo for annulment, how fast will be the annulment approve?

    • Lawyers in the Philippines

      Sent you an email.

  10. mercy geronimo

    My x husband [ husband] been jailed since 2017 of august or september . I found this when i was working abroad. 8 yars na po kami hiwalay at nung nagsasama pa kami everyday po kami nagaaway , everyday at habit nya na po ang uminom na madalas nauuwi kami sa walang pambili ng pagkain at naasa na lang sa biyenan ko po. ano po bang grounds ang pwede dito. at di ko rin kakayanin ang annulment fee dito sa pinas ,, sa kasalukuyan wala po ako work. please payuhan mo po ako. salamat

    • Lawyers in the Philippines

      Have you tried to work with the PAO?

      The PAO provides free legal services to those with income of Php 14,000 in Metro Manila.

      They may be able to help you.

  11. Olive

    Hi, 4 years na kaming hiwalay ng asawa ko – no support, no communication. We have 2 kids. Gusto ko na rin po siya mawala sa beneficiaries ko. Paano po yung pwedeng solution? Pwede ko po bang ifile na ng annulment?
    Paano po ba yung process ng annulment? Thank you.

    • Lawyers in the Philippines

      Sent an email.

  12. Manilyn

    I am annulled with my husband.He filed for the annulment and the reason is that i have psychological incapacity which is not true. I did not appear in the hearings until annulment is granted. My child 11 yrs old is living with them but now I want to get my child. Before we had an agreement signed in barangay that my daughter will live with them as long as is still studying.I gave way because what comes to my mind is it will be apply for that year only. Year after,but he told me that its until after colled college so I was shocked. But now that we’re annuled, can I still get the custody of the child even if the grounds for annulment is I have psychologically incapacity?

    • Lawyers in the Philippines

      Dear Manilyn:

      You may still have visitation or custody rights.

      It will require discussing with your ex, or bringing a case to court if so needed.

  13. Norilyn

    Can we consider impotency as ground for annulment? TIA.

    • Lawyers in the Philippines

      It is not a ground by itself.

      It supports the usually used ground of psychological incapacity and can be included in the case.

  14. Jake

    pde po ba ako mg pagawa ng waiver sa lawyer kahit d ako mg file ng annullment or legal separation na sobrang tgal iprocess..
    im planning kasi na magpagawa sa abugado ng dokumento na nagsasabi na wala nkme paki alaman. ung ex wife ko kasi my BF na and ako wlaa nmn ka relasyon eh.. pero ung anak namin na sakin po kasi d rin nya kayang alagaan eh kya knuha ko.. pero gsto ko sna ipagawa ung dokument kung san snasabi na wala na kme pkialaman, or d sya mghahabol sa anumang property na meron ako.. and walang magfifile ng case ng adultery… sya tong my BF pero d ako ng kakaso sknya…pano po ba mgnda gawin…wla ksi ako kakayahan bayran ang annullment

    • Lawyers in the Philippines

      Hi Jake:

      It seems you want to secure property and your children. If so, you will certainly have to go to court.

      The process of annulment is long due to the clogged court dockets so even if you have no property it will still take time.

    • Jee

      I had filed an annulment june 2019, it is not easy and it is emotiinally draining. I have a lot of what if’s. My question is what if my annulment is not granted. Can i file another annulment on the same court? On another lawyer? I appreciate your reply. Thank you.

      • Atty. Francesco Britancio

        Hi Jee:

        Some denied annulments can be refiled.

        However —

        An annulment denied on its merits cannot be refiled.

        People whose annulments have been denied have often come to me with their stories but nothing can be done for them when the annulment was denied on its merits.

        That is why it is best to work closely with your trusted lawyer.

  15. wilma

    Hello SIR/ MA’AM,
    Ang ex husband ko ay may pangalawang pamilya na.may isang anak na sila, hiwalay po kami since 5 years na.
    nag hiwalay kami dahil nambubugbog sya at iresponsableng asawa at ama siya.lahat ng bisyo ay nasa kanya na .
    nais ko po sanang mag file ng nuliity of marriage. paano ang proseso?may limang anak ako at di naman ako
    nag hahabol ng sustento, wala rin kaming property na pag tatalunan pa dahil naibenta nya na lahat ito.
    sana po ay matulungan nyo ako salamat po.

    • Lawyers in the Philippines

      The only way to end your marriage is through Annulment.

      Have you gone to your local Hall of Justice? They may be able to help you or refer you to someone who can.

  16. Dwayne

    I’m looking for a lawyer to start the annulment process for my fiancé in Manila. I will be there in September to interview and select a lawyer to start the process. I also have been informed the process can go faster for extra payment? I really want the done as quickly as possible. My fiancé husband left her over three years ago for another women. So I want to get her here to the US
    So I can help provide her the life she deserves.

    • Lawyers in the Philippines

      Sent an email.

  17. Kim

    To whom it may concern,

    My mother and father have been separated for more than 14 years now, my mom is already living with her new partner and my father is also now living with his new family. My mom left him because he was a drunkard and always physically abused my mom, I am a witness to this. He also physically abused us that time (my little brother and I). So we left him when our mom came home from abroad (by the way, she worked abroad because her income here in the Philippines can’t provide for our needs anymore especially that my dad has no work that time). After 9 years (of no communication with our dad), we finally decided to reconcile (except for my mom, they still haven’t contacted each other since 14 years ago) and we’re on good terms now (dad, brother, and I). There was even a time when my dad told me that he wanted us four to meet and to finally reconcile and talk about annulment. Is there still a chance for an annulment of their marriage? I just want them both to be finally free and happy with their separate lives. I know it’s strange to have a child who wants the parents to separate but it’s been so long and my mom has suffered so much and is finally happy with her partner now and I can see that my dad is also happy now with his new family. I hope you can enlighten me on this matter. Thank you

    • Lawyers in the Philippines

      Sent an email.

  18. Cecille

    I have been separated for 4 years now. Womanizer and abuser! Annulment is way too expensive for someone like me who only earns enough to live on a daily basis. We have not gone thru getting a marriage license, a reverend went to our house to officiate but we are both Catholics and the reverend is from a Christian organization that I haven’t heard of! I pray that annulment process be amended or divorce be passed. Haaaaay

    • Lawyers in the Philippines

      Order your CENOMAR with the PSA.

      Check to see if your marriage was reported.

      If so, then you will have to go through an annulment.

      If not, then your marriage was never reported and you are not legally married.

  19. aubrey

    I am a bit confused on the part where the respondent has to appear.
    when does the respondent really appear in court?
    are they notified if a certain hearing for witnesses is scheduled?
    I mean maybe he will object on whatever the witnesses will be saying inside the court room
    are they given a notification giving them the chance to appear in court AFTER taking the testimonies of the witnesses? – just like giving them the priviledge to answer the petition
    I am asking in detail as I do not want him to appear on court and say whatever garbage he has and drag the case for too long.
    I am planning to file an annulment and trying to finding a really good lawyer.

    • Lawyers in the Philippines

      Sent an email.

      • Imelda

        Is it valid her second marriage if the first husband still alive and still have communication and thier marriage is null and void

      • Lawyers in the Philippines

        Hi Imelda:

        Do you mean that a woman married twice but did not legally end her first marriage?

        If so, the second marriage is not valid.

        However, she must go to court to dissolve the second marriage.

        Only the court can issue an order legally ending any marriage, even if it is void from the beginning.

  20. Cee

    Me and my ex wife is separated for 7yrs and I dont have any financial support to my son because they have a capacity to support by there family. We both also have partner, she already have 2 children and I have 1. And we dont have also properties to discuss. What is the grounds we will file?
    How much will be cost?How long will take?

    • Atty. Francesco Britancio

      Sent an email.

  21. Sharon

    been separated for 14 years, battered wife here. no other source of income for the annulment process. i have two kids, no fixed support from the father. only me and with the help of my senior citizen mother supports me and my kids. tired of asking allowances and support to the father. i want to have a family and to have a very peaceful mind. i have a boyfriend but he’s afraid because according to him, anytime my ex can call a police to report him. and bring him in prison? is it true? please help me what to do, any legal advice or action for us to have a normal life.

    • Atty. Francesco Britancio

      Yes, your husband can file a case against you and your boyfriend for adultery.

      Annulment is the only option that would really help you, unfortunately.

  22. Christine

    To whom it may concern,

    My husband separated with me. I am more than happy to go through this. It’s just that annulment is proving to be so expensive. I really want to go through this. He never had worked for the 5 years we were married and still doesn’t have work now. There aren’t properties that we have to separate. I really need help, most likely, I’d be the one to shoulder everything.


    • Atty. Francesco Britancio

      Sent an email.

  23. Chris

    Hello po. I am 10 years separated without communication with my wife. We had 1 child. She cheated on me and had a kid with other man. Would it be a ground for annulment? Or atleast may help for easier annulment? Please help me.
    What may be possibilities that an annulment might not be granted?? Thank you!!!

    • Atty. Francesco Britancio

      Sent an email.

  24. Jack Lee

    hello sir
    i am a foreigner married to a filipino
    she commited adultery
    what i want to know is
    can i file annulment from adultery?
    if not (adultery), what can i do?
    what is the cost (2019)?
    how long does it take?

    • Atty. Francesco Britancio

      Sent an email.

  25. Alet

    Hi. I need an annulment for my security and my kids to. We have been separated for 5 years now with no communication. I cannot even get a housing loan. He has a new family. I cannot afford an annulment. Please help.

    • Atty. Francesco Britancio

      If one of the spouses is a foreigner and the other a Filipino and they have been validly divorced abroad, a Recognition of Foreign Divorce will help.

      If both of the spouses are Filipinos, then only an annulment will end the marriage.

      You are correct that without an annulment, you will have problems with a financing institution as they will require an annulment.

      There are no legal groups that do this at a minimal cost that I know of but do a search – you may be able to find help.

  26. Mr. Lito

    Can I file annulment for my wife whom i consider has psychological incapacitated. We always fight for money and shes is very clingy for unreasonable situation, its very frustrating. I didnt commit physical or verbal abuse. I am a good provider. Everytime we had misunderstanding she always want to commit suicide. Its over and ai cant handle it anymore. I want to file and annulement.

    • Atty. Francesco Britanico

      I will send an email.

  27. TJ

    Good day, sir!
    I got married 9 yrs ago, and at the same year I gave birth to our only child. Few months after I gave birth, I found out that he has an affair with another woman and they are living together until now.
    Both of us are OFW. He’s been supportive and a good provider to our child. I wanted to have an annulment or a separation, for it’s been 9 years that we don’t live together. I also got some evidence to proved the affair. Is that evidence can be use to file a separation? or having an affair can be one of the grounds in filing such? I tried to spoke to him before about annulment but I got a negative response.
    I need an advise regarding this matter.

    Thank you very much.

    • Atty. Francesco Britanico

      Sent an email.

  28. Gilda

    Hello, I just want to ask if the processing of annulment will be shortened that will not take 5 yrs. or more?, In my case we are not living together for 7 years and He is not supporting my child ever since we are married. My mom is the only one helping me financially like hospital bills from giving birth, all the needs of my child since she was a baby until she reached 6 yrs.old and yearly tuition fees of the school, is there a possibility that this kind case will approved by the judged and lessen the process?

    • Atty. Francesco Britanico

      I will send an email.

  29. Ida

    I considered myself from my husband since 2009 when i decided to finally leave him after so many countless fights due to his uncontrollable vices like use of shabu, gambling and womanizing. Two and a half years later last June 2012, they bore a child with his live in partner then two months after they were both imprisoned due to drugs.
    I wanted to file a legal separation or annulment but due to financial constraints, i was not able to make a single step. I have to bear the burden of raising our three children alone.
    Six years later last Sept 2018, he was released. Then five months after, last Feb.2019, he was again apprehended by police authorities due to another drug related incidence.
    I wish to inquire where I can possibly get a lawyer who can help me out with the process of filing an annulment at a reasonable fee.

    • Atty. Francesco Britanico

      Hi Ida:

      Try to also get someone who will do the job well.

      When a case is dismissed on its merits, it cannot be refiled again and the marriage will remain.

  30. Onil

    Good day! Me and my wife been separated for 12 years now. She cheated on me and got pregnant by other man. For 10 years of being together, our relationship is on the rock. She said I was not a good provider for the family.

    We got married when I was 19 years old since she was pregnant that time. Her parents insisted us to got married at city hall. Since I was young then, I just forge my mother signature for parental consent (one of requirement for wedding). I just follow what my in-laws told me to do so.

    I want to be set free on the piece of paper that bind us but I dont have money to make it happen. Can you please help me in this matter?

    • Atty. Francesco Britanico

      I am truly sorry.

      The only way to end a marriage is through annulment.

      There is no other way.

  31. Hearty

    My husband cheated on me and I was emotionally, verbal and psychologically abused when I was pregnant and after giving birth we separated unexpectedly because he was processing his papers for abroad.,because of my anger he forced me to tell him if I cheated him before,I confessed my sin to him and because of that he always harass me or to belittle me now..He sends money to my daughter we have 3 kids.but still belittling me.I want to file VAWc but he wants to file adultery to me.

    • Atty. Francesco Britanico

      Hi Hearty:

      I am not sure what you wish to do.

      If you file an annulment, this ends the marriage. You will need a lawyer for this.

      If you want to defend against a possible adultery case, you must speak with a lawyer to assess what needs to be done and how.

      If you want to file VAWC, you might be better served by filing with the PAO.

  32. Kayz

    Good day sir!
    If my partner was previously marriage but it was not register or they dont have a marriage license, can he re-marry?

    • Atty. Francesco Britanico

      Hi Kayz:

      Try to get his CENOMAR.

      If he has no recorded marriage, then you may marry.

  33. Marjerie

    I’m interested to file an annulment

    • Atty. Francesco Britanico


      Sent an email. I only saw this comment today as I was on leave.



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