3 Ways to Legally Separate in the Philippines: Legal Separation, Annulment, Recognition of Foreign Divorce
Ending a marriage can be tough!
This article covers the three ways in which Spouses can Legally Separate in the Philippines. Whilst a Divorce is not an option for Filipino Spouses (but is where one Spouse is foreign) there are ways to Legal Separate if a marriage has broken down.
I will discuss the 3 ways to dissolve a marriage in the Philippines and provide an overview of the process.
If you wish to discuss your case with a lawyer please contact us.
3 ways you can Legally Separate in the Philippines
There are a number of ways to end a marriage in the Philippines.
The fact is the Philippines is the only country (other than the Vatican) that still outlaws absolute Divorce.
A number of attempts have been made to allow divorce in the Philippines. The latest Bill (House Bill No. 78, an Act Reins tituting Divorce as an Alternative Mode for the Dissolution of Marriage) which proposes the same grounds as Legal Separation and Annulment was submitted in July 2022 by Albay 1st District Rep. Edcel Lagman for consideration. This has not yet been passed.
Currently, other than through the death of one of the Spouses, there are only 3 ways to dissolve a marriage in the Philippines.
Each of these allows you to remarry again.
1. Recognition of Foreign Divorce
- Only for Filipinos who were married to a foreigner who is not a Dual citizen, and is not a Filipino (Naturalized)
- A year and a half
- Usually faster than Annulment
- Marriages not valid from the beginning which include psychological incapacity grounds.
3. Voidable Marriages
- Marriages valid at the beginning but which can be annulled for certain reasons.
Don’t get confused – there is also something called Legal Separation in the Philippines.
Legal Separation Philippines sounds like it should be about Annulling or dissolving a marriage. But what Legal Separation does is dissolve your Common Property Regime and releases you from the obligations of Marriage, such as living together. Legal Separation doesn’t allow you to remarry in the Philippines.
This and Judicial Separation of Property deal more specifically with dividing Marriage Property.
Recognition of Foreign Divorce
Foreign divorces can be acknowledge in the Philippines through a court process.
Recognition of Foreign Divorce is only for marriages where a foreign Spouse is involved. The requirement for this process is simply that at least one of the Spouses was a non-Filipino at the time of the Divorce.
The process is generally quicker and easier than applying for an Annulment of Marriage.
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 later became a foreigner (by Citizenship).
- You were a Dual Citizen and your Spouse was a Filipino at the time of the divorce.
- You were both Dual Citizens at the time of the divorce.
But if both Spouses are Filipinos and one became a Naturalized citizen of another country (say the U.S.), and you later divorced, you can avail of this process.
Recognition of Foreign Divorce is usually faster and more certain than Annulment AND it allows you to remarry in the Philippines.
Filing for Recognition of Foreign Divorce in the Philippines is advisable since there may be 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 Void Marriage allows 2 Filipinos to Legally Separate.
Void Marriages are marriages that are either against the law or didn’t meet certain Requirements before they were celebrated.
To legally separate in the Philippines using Void Marriages, requires a court process to legally Dissolve it under 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.
Marriages are also void when it is an incestuous relationship such as between brothers and sisters or between Ascendants and Descendants.
It is worth noting that Adopted children also fall under this. Marriages that involve them and a member of their adopting family are also void. (Article 37 and Article 38 of the Philippine Family Code)
Finally, the most resorted to 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
Annulment is usually the only option when 2 married Filipinos wish to separate.
For all other marriages, an Annulment is the only option to legally separate in the Philippines
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 routes, this involves a court process.
The court where the Petition 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
To Legally Separate through Annulment might require more effort on your part but the peace of mind and being able to remarry is often worth it. It also helps to ensure that property issues do not arise.
Special Mention: Legal Separation and Judicial Separation of Property
Legal Separation splits the Marital Property but doesn’t allow remarriage.
While the above 3 are ways to Legally Dissolve a Philippine marriage, I want to take the opportunity to discuss Legal Separation Philippines and Judicial Separation of Property.
They can often be discussed in the same breath as Divorce or Annulment but they mainly deal with dividing the Marital Property. It is important to understand that they 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 is usually a “no-fault” division of property. Spouses who no longer wish to be together can file for Judicial Separation of Property if they already agree on what Marital Property should be given to whom. This process can be with or without “Cause”.
As these can be complex cases, I recommend that you read my articles How is the Marriage Property Divided in Legal Separation? and A Simpler Way to Divide Conjugal Property for more details.
If you do have any questions or concerns you can contact me or leave a comment.
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
320 Comments
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Since the woman is still married, what if she & the new lover got a baby, is there any option that the baby will have the biological?s father name?
The person who fills up the birth certificate usually decides what information to put in it. However, the husband should disavow paternity in a notarized document within a year of the birth.
Hi, me and my partner is living together for more than 3 years now. She’s married in 2015 with another man and got separated after 1 year of marriage. We’ve met in 2019 and been living together since then. We’ve been trying to build a family, but due to some medical issues, we we’re not able, and IVF is the solution. Doctors could not perform the procedure due to their strict requirements and gave as advice about affidavit of cohabitation. Can we get this kind of document or is there any other solution for us aside from the annulment. Sana po mabigyan nyo po ako ng advice. salamat po in advance.
We cannot speak for the requirements of medical professionals. Note, however, that any child born to her during the subsistence of her marriage would be legally presumed that of her husband.
If the wife commit infidelity or choose to live with the other man, is this acceptable ground for separation? What type of separation is applicable? Thank you.
It is specifically a ground for legal separation. It is not ground for annulment or declaration of nullity of marriage in itself, but it may be an indication of psychological incapacity.
Greetings, I am foreigner married to Filipina in RP for 3 years. She has committed adultery twice and we stopped living together Dec. 2020. I want to file Legal Separation based on her sexual infidelity.
Can I at some time later, get a divorce in my home country (USA) that will dissolve the marriage completely?
Legal Separation in RP now followed by divorce later in USA.
Yes, that is possible.
You may nonetheless consider consulting with legal counsel in your home state on your options for obtaining divorce there.
my husband and I have been living separately for 2 years due to our differences. For one, we have a 9-year age gap and i got married to him at 18 after having me pregnant when i was still a minor. second, he has anger management issues and tends to get physical during arguments with me and our child. can this be a ground for legal separation? we dont have means yet for annulment. thank you
Yes, violence is a ground for legal separation. However, it still requires a court case, does not actually sever the marital bond, and does not allow you to remarry. For this reason, annulment / nullity of marriage may still be more practical.
Hi. My husband and I have been living separately for more than 11 years now and I have not filed legal separation nor annulment because I don’t have the means to do so (too expensive). I just focused on providing for my 2 kids, now 16 and 14 years old. There has been no child support, too, despite my constant request and demand. I’ve purchased (with my own earnings) a property 3 years ago so the kids and I can live peacefully. I wanted to make sure that he has no claim to it legally. On the transfer certificate of title, it was written “OWNER: [My Name], married to [his name]…”. Other titles I saw “Spouses [his name] [my name]”. Is this enough to guarantee my sole ownership? If NOT, do I need to file for Judicial Separation of Property to ensure it? Appreciate your help in advance.
This would still normally be part of the conjugal property under Philippine law.
I am already annulled, can I still file a legal separation?
Why?
Hi, i am separated with my husband but not legally coz no documents, lets say break up and its already 12 yrs without communication. My question is if ever i could find a partner, does he has a right or capacity to sue me an adultery?
Thank you in advance for your answer
Yes, for so long as the marriage exists in law.
when will it be wise to file an a legal separation or annulment? moving forward i would also like to file for sole custody.
and is it also possible to file for change of surname of my child since the father has abandoned us and haven’t been in contact since the child turned 1 yr old.
This depends on the outcome that you want and the facts of your case. Note that a legal separation will not allow you to remarry.
It may be possible to change the child’s surname you your maiden surname based on the latest Supreme Court decision on this topic.
hi how are you ?
i am walid lebanese need your help . my girl friend filipino want to obtain an annulment paper from her filipino husband , he left her and lives with another woman since long time ago , she work now in lebanon . and now i want marry my gf but cant do this until i obtain this annulment or divorce paper or whatever of those that is required by my country rules . can u help in the process and give me some informations about this ? and if there is any idea to do this without paying so much money please .
Sent you an email.
Hello, me and my husband are not living together for 12yrs already. Is this considered annulled already or we still need to go through the process. please advise.
A court process is needed to dissolve the marriage unless one of the spouses dies.
hello! i would like to know.. at least an estimate if how much would be the total cost and for how long process like this usually takes, thanks in advanced.
This very much depends on the mode of separation or dissolution of marriage and whether or not the other spouse contests the case.
Is Psychological abuse a ground for legal separation? How much does it cost?
Yes, this can fall under grossly abusive conduct.
my husband and I are married here n the Phils, he is a foreigner, we haven’t had communication for 3years already. I don’t know his whereabouts. What can I do to call our marriage off with his absence ?Thank you
It will be best to find out if you can. Without more information, I’d first suggest exerting more efforts to find his whereabouts or contact him.
I have been married 22 yrs, I just found out that there was a provision that you had to be in country while getting married. I wasn’t they sent me paperwork to sign while I was in USA .. I want out of the marriage now. It seems the marriage wasn’t legal.
The parties to a marriage need to be personally present for the marriage ceremony or else the marriage is invalid. Will send you an email.
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
Sent an email.
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.
I will send an email.
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…
I will send an email.
Hi There, Our entire relationship is just a year, together as a couple for 6mos, then as husband and wife for 6mos. ,after that our last communication 5 years ago. I dont know where he is. I tried to contact him or even our common friends. But no response. How will I proceed if I want our marriage to be annulled?? thank you
We would need to know more about the facts of the case. We will be happy to respond to specifics through the form on https://lawyerphilippines.org/
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.
Sent an email.
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
Will send an email.
is legal separation free here in the Philippines?
Legal separation is a court case that has attendant costs.
It is usually charged.
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?
Sent an email.
Hi, how much would it cost for the annulment and I want to talked about it privately. Thanks
Sent an email.
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.
Sent an email.
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?
The usual grounds for annulment are discussed in the article: https://lawyerphilippines.org/2018/06/04/annulment-in-the-philippines/
The usual ground is psychological incapacity.
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?
Will send you an email.
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?
Sent an email.
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
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.
Hi, ive been seperated with my wife for more than 13years without any communication and our son is with me, is it possible that i can remarry to my recent Girlfriend?
You will need to go through a court process to dissolve the marriage.
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.
Sent an email.
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?
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.
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?
Sent an email.
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..
Sent an email.
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
Sent an email.
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.
Sent an email.
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?
Sent an email.
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
Sent an email.
Hi, good morning….
I’m separated for 9 yrs… After I work abroad for 9 months … My husband bring over to our house he’s mistress and live together with my childrens, after that I never go back to my house, instead I stay to my sister during my holiday….
May I can file the legal separation to my husband ? May I can pao……
And take my share to my our house.?
Please reply me sir
Yes, you certainly can if you wish.
Hi , I would like to inquire about the process of legal separation and how much will it cost? Thank you.
I will send an email.
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!
Sent you an email.
Hi! I am a Filipina and married to a Filipino but we’re not together for almost 6 years.We have 2 daughters and living with me and he is supporting them. Can I marry a foreigner in other countries?is my marriage to Filipino still accepted?
A marriage continues to subsist despite physical separation unless legally dissolved by a court decree or death.
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?
Sent an email.
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.
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.
Good afternoon.
How much the cost of Legal separation?
How long its take time?
Can I process legal separation even I’m here abroad?
Will send you an email.
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
Sent an email.
How to file legal separation and how much does it cost?
Sent you an email.
How much does legal separation and annulment cost ?
Sent an email.
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.
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.
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?
Sent you an email.
Ii need a little information and advise what are the grounds forannulment and how much it ccost
Sent an email.
I need legal advise on what grounds to use for annulment. How much is the consultation fee?
Sent an email.
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?
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.
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.
Sent an email.
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.
Sent an email.
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.
Sent you an email.
Hi, may I know how to file legal separation and if it requires an attorney to facilitate it? Thanks
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.
Hi pls help me. I wanna know if how much would an annulments cost and how long it takes? Thank u
Sent you an email.
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
Sent you an email.
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.
Sent an email.
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?
Sent an email.
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.
Sent an email.
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?
Sent an email.
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
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.
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?
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.
How much for the full legal separation process?
Sent an email.
If you are legally separated in Philippines, can you get married in other country?
No. Legal separation does not dissolve the marriage bond.
Good Day Attorney!
I’ve been separated of my x wife for almost 9 yrs… is there any easiest way to annul us or legaly separated maybe, we dont have any property yet but we want to legalize our separation cause its been a long time.
Thanks attorney!
There is no easy way until the law is amended to allow divorce by mutual consent. The options here have their different effects and considerations.
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.
Sent an email.
Hello sir,
Good day! My husband is American. Siya po ang nakipag hiwalay sa akin. Mag 5 years na po kaming hiwalay. Kasal po kami dito sa pinas. Wala po kaming anak at wala rin po kaming investment bilang mag asawa. Never na po sya nagsuporta sa akin. Gusto ko sana kung nakipag hiwalay po sya sa akin gawin nyang legal din. Lagi ko po kinukontak para mag file sya ng annulment or legal separation..deadma lang po sya. Ano po gagawin ko? Pwedi po ba ako maghabol sa kanya total legal naman kasal namin? Help po!
If he divorced you in his country, that divorce can be recognized in the Philippines.
We discuss Philippine recognition of foreign divorce here:
https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
If you are legally separated in Philippines, can you get married in other country?
No.
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.
Sent you an email.
Hi how file legal separation
I will send an email.
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.
Sent you an email.
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.
Dear Anna:
I sent you an email.
Separated for 10 years I heard now have new law to void married sfter 10 years. Pls advise how much cost if annulment process
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.
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?
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.
Hi,
I got married in A mayors office (2004) and its registered..I was 4 months pregnant at that time.
After giving birth he left us..
Never heard of him,anymore..
Its been 15 years already..
I need advice please,on how to shorten and lessen of process to void my Marriage ?..
There is no real way to shorten it except to go through the appropriate court process.
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!
Sent you an email.
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,
Sent you an email.
for attorney’s consultation fee for legal separation, how much will be the cost? thank you.
Sent an email.
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?
Sent you an email.
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.
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.
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!
Sent you an email.
Hi how much legal separation and how long its will take
Sent you an email.
Hello Sir, My husband and I not been together for 17 yrs, His a foriegner..He already abandoned me and my daughter for 17 yrs. I already have a new partner..Hes from Norway ..I wanna ask if my marriage still valid? 17 yrs no contact to my husband..Thank you in advance..
Under Philippine law, a marriage remains valid unless dissolved by a court order or by death.
How much for the full legal separation process? And so as to judicial seperation?
Sent you an email.
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
Sent you an email.
How to file for a judicial separation? How much & how long will i wait? Thanks in advance
Sent you an email.
Hi,
I have been separated from my wife since 2004. I would like to file an annulment and would like to know the cost, plus the documents or anything that I need to submit. I could not find a lawyer who could help me.
I just need to know the cost and the process so I start it ASAP.
Thanks
This article and others on the site explain the process. Will send you an email on other particulars.
Hi me and my ex-wife separated for almost 4 yrs and i want our marriage to be void.. We had not seen/contact each other almost 4years since we separated. How can we file for nullity. And how much will it cause
This depends on the facts of the case. Factors such as where the case should be filed and the legal grounds for the annulment affect the case and resulting costs.
We will be happy to help if you fill out our complete form on https://lawyerphilippines.org/
How much will it cost if we decide to have a judicial separation of properties and how long will it take to effect
We have written on the process and its requirements here: https://lawyerphilippines.org/2017/11/12/a-simpler-way-to-divide-conjugal-property/
As to cost and time, this depends on the facts of the case, the properties involved, and most especially on whether or not the spouses are in agreement and are both willing to cooperate on the outcome.
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??
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.
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?
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.
how much will it cost for filing a presumptive of death? and is it possible to do it while im abroad?
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.
Hello my husband and me Married year of 2011 but my marriage is her 1st cousin process date of November 29 but we married is date November 23 and he pay only 22k for the processing fee and we have already a son in other men he started cheat me in same year and 1 week we married and he is a Australian citizen he can file divorce in his country going here in phillipines he have already a girlfriend since 2012 we have communication but he didn’t support properly his son I have already 2yrs old son and other man this year how can I get or answer to re marriage again and my husband he wants to marry again in other girl.
We will need to understand the situation better to comment. Will send you an email.
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.
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.
I want to martied again..hope you can help me…
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.
my husband is forcing me to agree for legal separation.. because i want to file a case vawc because of emotional, mental, physical and economic abused..
he wants legal separation because he dont love me and trust me because of financial infidelity and accusing me that i did a public scandal. is that a ground for legal separation po?
for me ayaw ko po kasi na pipilitin niya ako sa legal separation na siya lang yung my gusto po. i have a valid reason po why our savings finished because our son po is always hospitalized even undergo an operation and school and everyday expenses. he dont send money po so sa savings po tlga kinukuha lahat.
please i need advise po..
It is not entirely clear what you need or want to achieve.
First, legal separation only ends the conjugal property regime. It does not end the marriage. It is also combative and thus, can cost more than annulment. If you or he wants to end the marriage, annulment is the correct option if you are both filipinos.
VAWC can be brought to bear – but what would you want to accomplish with this? Legal paths can be difficult for both parties; sometimes it is just best to end the marriage and move on.
for attorney’s consultation fee for legal separation, how much will be the cost? thank you.
Sent you an email.
How much is the total cost of legal separation?thank you
Sent an email.
How much will it cost for a legal separation? And for annulment? Thank you.
We would need to know more about your specific situation to say.
We can speak to it if you provide the details on our form at http://www.lawyerphilippines.org
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.
Sent an email.
This may be a bigamous marriage but you would still have to go to court to dissolve it.
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
Sent an email.
hi, i am separated with my husband for almost 2yrs. but not legally, can this be a ground to file for a legal separation? thanks
It can be, but note that legal separation in itself will not allow you to remarry.
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
This is a bigamous marriage. Jowever to end it you would still have to go to court
Hi, we were living apart since 2011, and he filed an annulment, my parents received a summon once, i didn’t personally had it becuase i was’nt at country,is it possible to void our merraige?
You should check on the status of the court case. Find the court it was filed at and check on whether the annulment was granted or not.
Hi, good day! I would like to ask, my husband is a foreigner and I’m a filipino citizen. We got married in the Philippines. Weve been separated for more than 4 years now and I dont have any contact with him anymore. I want to file an annulment. What would be the easiest way to do that. I lived abroad and I wanted to know what would be the requirements or letter to make easier for me to get annulment. Thank you.
We’d need more information to proffer an option. Sending you an email.
Hi. My Ex and I not are not seeing each other for the past 7years. Should our marriage be voided?
This is not by itself a ground for dissolving a marriage, but it could be indicative of one of the legal grounds.
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
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.
Mmy sister in law has a husband before they are married and been separated for 16 years she has a common law husband who is married on his first wife but they got separated because her wife got involved in drugs and been in jail for morethan a years can my sister in law and her commonlaw husband has a chance to get married they been together for 16 years thank u and more power
They must both get an annulment from their respective spouses. This will allow them to marry and it would end the conjugal property regime.
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
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.
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
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.
Good morning mam/sir.
I just want to ask an advice for my annulment process that I did since 2011,I w8 for 3yrs then it’s denied eventho we do all the required needed by our lawyer and my ex husband signed already.They want me to do a motion for reconsideration after that buty lawyer start to ignored my calls and she told me to inform me about the next procedure and requirements needed.So I give up and didn’t continue my case but I never withdraw my case.but after almost 10yrs now,they send me letters from.presiding judge to reopen again my case for motion for reconsideration.What I’m going to do?I paid off the whole amount on my lawyer,but she didn’t do her job.Do I need to continue this process?I want my freedom,since my husband already had kids since he cheated on me since 2003.I hope u can advice me.
Thank u so much.
Ann
It seems suspect that a Motion for Reconsideration can be filed after all these years. That case was probably long archived or has long lapsed into irretrievable finality, but we can take a look at the documents you supposedly received from the judge if you send them to us at admin@lawyerphilippines.org
Can I file a legal separation because my husband can’t support my children’s education in college, we have differences and marry a foreigner? Is it allowed or not?
Legal separation would not allow you to remarry as it does not dissolve the marriage. You would have to file for annulment provided you fulfilled the requirements.
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.
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.
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?
Sent an email.
Separated on 2009. Filed annulment on 2012 but dismissed 2018 with SC finality. What can i do next? I really want to start anew.
It’s difficult for us to say without seeing the decisions themselves, but the general rule is that a declaration of nullity case denied on its merits cannot be refiled.
Hi Atty! Can someone who is legally separated in the Philippines marry in the US? Thanks
No, because legal separation does not dissolve the marriage.
I am a foreigner from the United States of America I’ve been living with my girlfriend for three years now we are not married I have two retirements from before the relationship Social Security and a California state retirement if we separate am I subject to give her half of my retirement thank you sir sincerely Terry
If you are unmarried, then there may be no community property, particularly if the funds came from retirement benefits. However, you would be bound to provide support to children you have together.
same case .. advise please
The grounds for legal separation or for annulment are defined by law. They are the only bases for availing of these remedies under present law.
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.
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.
Hi just want to ask I want to file legal separation , my husband hasd so many affair and he had a child with other woman,I do not want him to get a share with our conjugal property. Thanka
We would file a court case to do so if the requirements are met.
We will be happy to address your specific circumstances if you fill out our form on https://lawyerphilippines.org/
Please choose the tab Legal Separation, describe the circumstances, and we will write back to you in email.
Hi, my husband cheated on me. We separated for almost a month now. And I am thinking of filing a legal separation, can’t afford annulment for now is that possible? Once legally separated, is he allowed to live together with his mistress? Thanks.
No, legal separation does not bar prosecution for concubinage.
I got married while my birth certificate is still marked as male on the gender is my marriage void in the first place?
No, this is not a ground for a void marriage.
Is there any form or written agreement format that me and my wife can sign for legal separation agreement ?
I am outside the country and wanted to give absolute freedom to the woman who once loved me.
Such a private agreement is unenforceable in court. A court case for annulment or dissolution of the marriage is perhaps the only way to actually accomplish this.
I dont feel any love anymore to my wife? but i cant tell her frankly..what am i suppose to do?
Are you wishing to end your marriage?
Annulment is your only real option should you wish to remarry again.
Hi i have a question , im married when i was 18 coz we are forced to marry coz of religion and coz im pregnant , what can you recommend to dissolve or void the marraige also we dont have a copy the marraige certificate
This will require considerable delving into the facts of your case. Will send you an email.
hi sir!
I was married in a japanese before, we married here in philippines, then i got the visa and passport to go to japan, but things don’t work for us there and i decided to go back in philippines. without any document about our marraige. i didnt settle my problems about my documents. and now i am planning to work abroad, and i need to use my married status paasport, i will renew it, do you think i still can get our marraige contract in PSA? i dont know if he already divorce me here in philippines. can i get our marraige contract, or do registered married can be change without my aproval?
Hi:
Try to get it in the PSA first.
how can i process an annulment im a filipino im 4yrs sepated to my husband but were not legal separated and i dont have any contact to my husband anymore can you help me to file my annulment and how much it will cost me?
This depends on the facts of the case. We will send you an email.
My marriage is void due to the ground of bigamy. My Ex is marriage previously which I found out when I get my cenomar and his cenomar. Do I have to file annulment to clear out or delete this void marriage in NSO . I don’t know where to start. Please I need your assistance so I could process when I go back home to PI.
Hi Lanie:
Yes, you have to file an annulment case using the ground of bigamy to end the marriage. This will avoid the expense of a psychologist.
Have you sent us an email?
Hi, my mom and dad has been separated for almost 13 years, but not legally…
My mom’s partner purchased a house and lot under her name, but the developer is asking for my father’s signature and ids, which is not possible… What should my mom do?
It may be best to first take this up with the developer and discuss the options with it.
If legal action is necessary on her part, she may consider which mode among those here is suitable for what she needs. We can speak specifically to these cases if she gets in touch through our form on http://www.lawyerphilippines.org
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..
Hi Velina:
You must go to court to annul the marriage. I’ve written about it here: https://lawyerphilippines.org/2018/06/04/annulment-in-the-philippines/
This details the process and the steps you need to go through.
My mother and father have been living for 20 years till present. My father is long separated from his wife (case of adultery and fraud) and has evidence she married another man even if they are not anulled. He wants to know if it can be easy grounds for annulment.
Easy is not a word we’d usually associate with annulment no matter what the circumstances, but these may strengthen the case.
We will be happy to discuss their situation in more detail if you send us more information at our email admin@lawyerphilippines.org
Can a Filipino woman still get an annulment if the other person doesn’t want to have the moment and the person is the husband who doesn’t want it and but the husband has not been very good to the way and has been physical and psychological with her but can she get a divorce in the Sense of an annulment even if he will not participate
This very much depends on the specific facts of the case. More information would be needed to comment on the prospects of such a case.
I want to file a legal separation for now. How much would it cost me and how long?
Been separated for almost 9yrs now. I left my American husband because he was abusive (physically, mentally, and emotionally).
I filed for annulment in 2008 but got dismissed because I wasn’t able to show up in court for the second round.
I need your expertise and guidance.
We sent you an email on this. You may also consider filing for divorce at his home state in the US.
Hi im planning to file legal separation to my wife. Almost 3 yrs seperated. During our separation we both had relationship with other. Me with other girl and she with other guy. But she already gave birth from other guy. If i file legal separation. It can be in favour with me? The fact that she had a child with other guy even our marriage still not annul.
Perhaps, but you should first decide whether legal separation is the correct method for you or whether annulment is what you are really after.
Hello I just need to ask what should I do if my ex husband don’t want to sign tbe legal separation? Is there a second option so that he cannot force me to comeback with him.I am emotionally for him for being together in 10years, he didn’t gave me money for my needs and to my daughter, he have no work and a drug user..Financial support is also nothing…What should I do?
Legal separation as well as annulment are not done by agreement. You would have to file a court case for either and it is the judge who will grant or deny it after trial is concluded.
Hi, if you havent seen ypur husband for 13 years because you went abroad and separated, is there a way to make your marriage void without undergoing psychological incapacity? Can he still file adultery if you go home and he knew you have a partner in another country?
He could still file a complaint for adultery if the marriage was never dissolved.
Can I sue the mistress of my husband and my husband for adultery and concubinage if eere not married in Philippines
If you are married, even if the marriage did not take place in the Philippines, then the mistress and husband may possibly be liable for concubinage.
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?
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.
Hi, I have a question. Im from Europe and my husband is from the Philippines.
We work on the ship together, and when we are at home we are visiting eachother with tourist visa.
He stopped talking to me and I am scared that he will try to annul the marriage without me even knowing it. Is that possible? We got married in the Philippines two years ago. I can see there is publication process where court is lokking for a spouse. I am in Europe, due to Covid 19, and I still cant be issued a visa to go to the Philippines. My husband is a weak character, and us not being together right now will trigger him to try to move on, I know him. Im scared your courts will allow him annulment without me even knowing? When in proccess of annuling based on psychological incapacity, does the court need me to be present? Thank you
Personal service of summons is usually required. He is required to give the court your last known address. Service by publication is allowed in this case only if other means are found to be impracticable. You should ensure that he has your address and document it so that he cannot later say your address was unknown to him.
Hello. Im a filipina and my ex husband is a foreigner. We got married in philippines. Can we file for a divorce? Thank you in advance.
Yes, provided at least one of you is a non-Filipino and the divorce is valid in accordance with the foreigner’s national law.
Hello. I want to ask if void marriage is applicable with my friend’s case. He was separated for over 20 years from his first wife who now has a family with another man living abroad. His supposed wife (2nd) requested a CENOMAR before marriage and knew my friend is still married but still coerced him to marry her so that her parents won’t be dissapointed The girl is of legal age and already has a child. She apparently controls his finances and threatens to sue him in court if sole management and income of his property will not be given to her. Thank you.
Yes, a second, bigamous marriage is void. It requires a court decision to declare it so.
We can speak to his situation more specifically if provided information through our form for this on http://www.lawyerphilippines.org
Good day Atty.
I am inquiring for a friend. She’s legally married in the Philippines and now she’s working for 3 yrs in Hong long and don’t wanna go back to the Philippines coz of this prob. They been separated all that time and no contact. Would it be considered void the marriage?
Thank you so much in advance for your response.
A three year separation by itself is not enough to void the marriage, but it may indicate that there is psychological incapacity.
Please have her fill out our form on http://www.lawyerphilippines.org if she wants us to look into her specific case.
I have a Filipino woman who I would like to marry. She’s been separated for 8 years. Her husband has a kid by another woman. She has letters stating that he committed adultery and have a kid by another woman. That both of them have signed. With two witnesses. Looking for legal advice on what to do and how much it would cost for an annulment. Thank you.
We would need to know more about the situation to say with specificity. We will send you an email.
My Wife Signed a written statement in Barangay that she wanted to live separately with me and wanted complete freedom from the bondage and obligations of our marriages. Is this valid? Because the Brgy prevented me from prying again into her private life and going to her parents house (where she returned after signing the barangay statement).
I am living alone now while she is living with her new lover.
Can I also live with a new girl? because she told me she will file concubinage if she finds out that I got a new girl friend.
The marriage contract is a special contract which is not subject to stipulation. You would have to file and conclude a court case to really resolve something like this.
I have a live in partner..im pregnant bfore i found out that he was married bfore ,they got separated because his xwife remarried with his japanese bf using birth cert.of other woman..after that day live together in japan,after 14yrs ,she wants to comeback to destroy our family being together.what should i do??
This depends on what outcome you wish. We can speak to your specific situation if we have more information.
Hi, how long does annulment will take? And how much will it cost.
This depends on the facts of the case, including the grounds for annulment / nullity of marriage. Some cases are more contentious than others.
Hello I just need to ask what should I do if my ex husband don’t want to sign the legal separation? Is there a second option so that he cannot force me to comeback with him.I am emotionally for him for being together in 10years, he didn’t gave me money for my needs and to my daughter, he have no work and a drug user..Financial support is also nothing…What should I do? I am from Philippines. And the reason also why we get married legally on a civil it is because of my studies during that time I already a first yr college in A catholic school and it is not allowed if your live inn..that’s why we decided to have civil wedding. Is a civil wedding have Renewal? If i will continue that marriage or not?
Hi if I am separated 7 years agonwithout communication can I marry again
The marriage will still need to be legally dissolved according to one of the ways described in the article.
Hi.. I’m Indonesian and my husband is Filipino.. We got married in the Philippines 3 years ago, and unfortunately it didnt work. He is now in the PH and me with the kids stay in Indonesia. What is the first step to do to cancel, or divorce or legal separation with him? Thanks in advance
We cannot speak for the requirements of Indonesian law, but a divorce validly obtained in Indonesia can be recognized in the Philippines.
We are both filipino married in the Philippines, I couldn’t have children so my husband who is a police man left me for another woman and had a baby with her and has now left that woman for another woman. We own land jointly that I had paid for, I want sole ownership of the land and funds I deposited to the police bank account which is in his name. I cannot afford an annulment at this time I only want the land I paid for and the cash deposited to the police bank account. Will a legal separation allow me to claim the land and money?
That would be a difficult way to go about it. An agreement between the two of you accompanied by a judicial separation of property may be the simpler way to do this.
Hi We get married last Dec 5,2006 and december 6,2006 she flew back to her country,since then we have no contact, she never contact me until today, I have no news.. Its is possible that our marriage is void..
It is possible, but we would need to know more about the situation to say.
My husband cheated me for how many times till the time comes that I am full enough with him. I didnt care his salary and other businesses. I only satisfied for a single business that i have and live with one of our conjugal home together with my kids he lives with the other woman that own’s a bar in my neighbor barangay.Until almost 5 years separation with no contact and communication. my kids grown up, and i also have become a boyfriend. Then, surprisingly when my boyfriend sleep in my home. He will surpeise me carrying their troops of policemen. then put me in jail.with my boyfruend. and try to file adultery and entimidated that they kill my boyfriend, if i didn’t sign an agreement that he wants to own all of our conjugal property including the house ang my only business that i have. and his lawyer put it in the agreement that pretending he give me 300k in return. So, I sign it for all of at peace. then he immediately release us in jail then wanted me to pack up all ky things. after all he and a neighbor girlfriend will live together in my house ang managed business.
I seperated with my wife for 25 years and i divorce her last 2012 and granted my divorce decree in saipan cnmi.my question is the philippine court could recignized my foreign divorce.
Thank you
Yes, if at least one of you was a non-Filipino at the time of the divorce.
I am an amercian married to Philippino, we got married 3 years ago in the Philippines. Due to covid we are still waiting for his visa. We decided we didnt want to be married any longer.
Can we do annulment or what do we have to do. We have not lived together since we got married. Please help.
You may consider obtaining a divorce from your home state.
Can I file anulment without hiring a lawyer,if I do the proper paperwork myself?
That would be exceedingly difficult albeit theoretically possible.
I was married to a civil wedding and now separated for 14 years, i just want to ask if the marriage is already void since were not together for that long and it was just a civil wedding.
No. A court case and decision are necessary to void a marriage. The law does not leave it to the parties to decide that their marriage is no longer valid.
Hello ,were married in Philippines last 2018,And my husband is foriegner ,due to the pandemic we never see each other till now 2022 ,then we are only married at the civil marriege it is possible we can void the marriege or we need to file annulment first ?
A divorce obtained in his home country can be recognized in the Philippines.
Hello ,we’re married in Philipines 2018,And my husband is foriegner I’m Filipina,due to the pandemic we never see each other till now 2022 ,then we are only married at the civil marriege it is possible we can void the marriege or we need to file annulment first ?
He could obtain a divorce in his home country and you can have that divorce recognized in the Philippines. That may be the simplest way to dissolve the marriage under Philippine law under the circumstances.