3 Ways to End a Marriage Legally in the Philippines (And What “Legal Separation” Really Means)
Ending a marriage can be tough!
In the Philippines, divorce is not generally available under the Family Code, which often leads to confusion about how a marriage can legally be ended.
In this article, we discuss the available legal processes that can resolve a broken marriage, clarify the limits of legal separation, and explain the laws and Supreme Court rules that govern these cases.
The goal is to help you understand which remedy fits your situation and how it affects your capacity to remarry.
If you wish to discuss your case with a lawyer please contact us.
Send us an email with the details for Personalized recommendations or schedule a consultation for you if needed.
Contents
- Is it possible to “end a marriage” in the Philippines without a divorce?
- What are the 3 ways to legally end a marriage in the Philippines and be free to remarry?
- What does “legal separation” really do, and why doesn’t it allow remarriage?
- What laws and Supreme Court rules govern these cases?
- Frequently Asked Questions
- Downloadable Resources
Is it possible to “end a marriage” in the Philippines without a divorce?
There are a number of ways to end a marriage in the Philippines.
Yes—although most Filipinos cannot file for absolute divorce under the Family Code, you can still legally resolve a broken marriage through (1) judicial recognition of a qualifying foreign divorce, (2) declaration of nullity for a void marriage, or (3) annulment for a voidable marriage, and each can restore the legal capacity to remarry once final and properly recorded.
- Many people search “legal separation Philippines” when what they really want is to end the marriage bond and remarry.
- The Philippines still has no general absolute divorce law for most Filipinos, but divorce exists for Filipino Muslims under P.D. No. 1083 (Code of Muslim Personal Laws), and foreign divorces can be recognized in limited circumstances.
- In practice, your first step is not “choose a label,” but “match facts to the correct remedy.”
- Foreign documents and citizenship timing often decide the correct route, especially for OFWs and mixed-nationality couples.
TL;DR: Divorce is not generally available for most Filipinos, but you can still legally end a marriage through recognition of foreign divorce, nullity, or annulment, depending on your facts.
Action: Email admin@lawyerphilippines.org with your marriage date/place, both spouses’ citizenships (including any changes), children, and where you currently live, so we can help you identify the correct remedy and document checklist.
What are the 3 ways to legally end a marriage in the Philippines and be free to remarry?
Foreign divorces can be acknowledge in the Philippines through a court process.
Other than the death of a spouse, there are three practical legal routes that can end a marriage in a way that restores the capacity to remarry: (1) Recognition of Foreign Divorce, (2) Declaration of Nullity of a Void Marriage, and (3) Annulment of a Voidable Marriage.
- Recognition of foreign divorce: A Philippine court recognizes a qualifying foreign divorce so the Filipino spouse can remarry under Philippine law (Family Code, Article 26[2] and jurisprudence).
- Declaration of nullity (void marriage): For marriages void from the beginning under the Family Code, including psychological incapacity under Article 36.
- Annulment (voidable marriage): For marriages valid at the beginning but voidable due to specific grounds under Article 45.
- Each route is a court process and usually ends with civil registry and PSA annotation so your records match your legal status.
TLDR: The three routes are recognition of foreign divorce, declaration of nullity, and annulment, and each can lead to the capacity to remarry once final and properly recorded.
Action: Email admin@lawyerphilippines.org and ask for the “Which route fits me?” checklist so you don’t lose time filing the wrong case.
What does “legal separation” really do, and why doesn’t it allow remarriage?
A Void Marriage allows 2 Filipinos to Legally Separate.
Legal separation is a Philippine remedy that allows spouses to live separately and typically dissolves/liquidates the property regime, but it does not dissolve the marriage bond—so neither spouse may remarry because they remain married to each other.
- This is one of the most common misunderstandings: “legal separation” sounds like “ending the marriage,” but it is not.
- Legal separation can still be useful when the goal is protection, enforceable boundaries, and property consequences, especially in fault-based situations.
- If your goal is remarriage, legal separation is usually not the correct remedy; you need recognition, nullity, or annulment.
- Some spouses use legal separation when they need enforceable orders now, even while considering longer remedies.
TLDR: Legal separation can separate lives and property, but it does not end the marriage bond, so it does not allow remarriage.
Action: Write one sentence: “I want to remarry” or “I want property/custody protection”—that sentence determines the correct case to file.
What laws and Supreme Court rules govern these cases?
Annulment is usually the only option when 2 married Filipinos wish to separate.
These cases are governed by the Family Code (E.O. No. 209, as amended) plus Supreme Court rules that set the procedure for nullity, annulment, and legal separation, and rules on proving foreign judgments and foreign law for recognition cases.
- Family Code (key provisions): Article 26(2), Article 36, Article 45, and Article 63.
- Supreme Court procedural rules: A.M. No. 02-11-10-SC and A.M. No. 02-11-11-SC.
- For Filipino Muslims: divorce is recognized under P.D. No. 1083, subject to Shari’a court processes.
TLDR: The Family Code gives the grounds, Supreme Court rules control procedure, and Muslim personal law provides a separate divorce framework for Filipino Muslims.
Action: If you have foreign documents, request certified copies and authentication early—foreign paperwork is often the slowest part.
Frequently Asked Questions
For most Filipinos under the Family Code, there is still no general absolute divorce law, so a divorce obtained abroad while both spouses are Filipino usually will not, by itself, change your civil status in the Philippines. The main court route involving a foreign divorce is the recognition of a qualifying foreign divorce under Article 26(2), which generally requires a foreign spouse and proof of the foreign divorce law. There is a separate divorce framework for Filipino Muslims under P.D. No. 1083 (Code of Muslim Personal Laws), handled through Shari’a courts. Because this is highly fact-sensitive, you should not plan a remarriage or property transfer based on assumptions.
Action: Gather your PSA marriage certificate and any foreign divorce papers you already have, then schedule a case screening with a family lawyer.
Does legal separation allow me to remarry?
No. Legal separation does not dissolve the marriage bond, so neither spouse can remarry while the other spouse is alive. It can still be useful to create enforceable boundaries (living separately, support, custody structure) and to address property consequences, but it is not the remedy for someone who wants to marry again. If your goal is remarriage, you should ask about recognition of foreign divorce (if eligible), nullity, or annulment instead.
Action: Write down your exact goal (“remarry” or “property/protection only”) and bring that statement to your first consultation.
How long do recognition of foreign divorce, annulment, or nullity cases usually take?
Timelines vary widely depending on court congestion, whether the case is contested, and how complete and admissible your documents are. Recognition of foreign divorce can be faster than annulment or nullity when the decree, proof of finality, and admissible proof of the foreign divorce law are ready at filing, but missing foreign-law proof often causes delays. Annulment and nullity may take longer because they typically involve multiple hearings and witness testimony, and disputes about property or children can add more time. Your timeline becomes more predictable when your evidence is organized and your filings are clean.
Action: Ask your lawyer for a written timeline map (pre-filing, filing, hearings, decision, and annotation) for your specific route.
How much does it usually cost?
Costs depend on filing fees, possible publication costs, lawyer’s professional fees, document procurement, and the number of hearings. Article 36 cases may involve additional professional services such as evaluations and expert testimony, which can increase expense. There is no single “standard fee” that is accurate for all cases because venue, complexity, and whether the case is contested can change the workload significantly. The best way to control cost is to avoid postponements by completing documents early and preparing witnesses properly.
Action: Request a written fee breakdown that separates court fees, document costs, and professional fees, and ask what factors could increase the total.
Do I need my spouse’s cooperation to file?
Not always. Many cases proceed even if the other spouse refuses to cooperate, as long as summons and notice requirements are complied with and the court is satisfied there is no collusion. Cooperation may still help with property division and parenting arrangements, but it is not a legal prerequisite for filing in every case. If your spouse is abroad or cannot be located, additional service steps may be needed, which can add time.
Action: Provide your lawyer the spouse’s last known address, contact details, and any proof of residence abroad to plan service correctly.
I have children—will these cases decide custody and support too?
These cases often involve child-related arrangements because separation changes daily care and financial needs. Courts can issue orders or approve agreements on custody, visitation, and support, guided by the child’s best interests, but the exact handling depends on what is raised and proven in the case. Even if your main petition is about civil status, a clear parenting plan and a realistic budget for support make the case more stable and practical. You should also consider how schooling, healthcare, and travel will work in real life.
Action: Draft a one-page parenting plan (weekly schedule, school, healthcare, expenses, and proposed support) before your consult.
What if my spouse is missing—can I remarry?
A missing spouse situation may be addressed through a separate legal process involving presumptive death for purposes of remarriage, but strict requirements apply and courts typically require proof of diligent efforts to locate the missing spouse. “Missing” is not the same as “no contact,” and relying on informal assumptions is risky because any later marriage can be affected if the correct legal steps were not followed. Documentation of search efforts and communications is crucial, and the correct remedy depends on the facts and time periods involved.
Action: Create a file of all search efforts (reports, messages, affidavits, addresses checked) and consult a lawyer before taking any step toward remarriage.
Will my PSA records update automatically after I win?
No. A court decision does not automatically update PSA records; you usually need to secure the decision’s finality and then complete registration and annotation through the correct civil registry pathway. Many people get stuck because they win the case but do not finish annotation, leaving the PSA marriage record unchanged for transactions and future marriage applications. Treat annotation as the final required stage of the case, not an optional extra.
Action: After judgment, ask for a post-judgment checklist and set a target date for completing annotation.
If I divorced abroad, am I automatically free to remarry in the Philippines?
Usually no. For Filipino citizens, a foreign divorce generally must be judicially recognized in the Philippines before it affects Philippine civil status and PSA records, and courts usually require proof of the divorce and proof of the foreign divorce law that allowed it. Many petitions are delayed because people submit only the divorce decree without admissible proof of foreign law, or without clear proof of citizenship timing at the time of divorce. If your goal is to remarry in the Philippines or fix your PSA record, recognition and annotation are typically necessary steps.
Action: Obtain certified copies of your divorce decree and proof of finality, then ask a lawyer what form of foreign-law proof the court will accept for your country.
Is psychological incapacity the same as having a mental illness diagnosis?
Not exactly. Psychological incapacity under Article 36 is a legal concept focused on inability to assume essential marital obligations, and while clinical diagnoses and expert testimony can help, courts evaluate the totality of evidence and the legal standard rather than relying only on labels. Some cases succeed because the facts and patterns are clearly proven through credible testimony and documentation, not because a dramatic diagnosis was used. What matters is seriousness, rootedness, and connection to the time of marriage, shown through organized proof.
Action: Start a dated timeline of key incidents and supporting documents, and bring it to counsel for assessment before pursuing any evaluation.
I would like to ask for advice on what I should do. My ex-husband and I have been separated for almost three years now. We were married for almost 14 years, but during those 14 years, I tried to separate from him twice because of his irresponsibility. I left and came back because I thought of the children. We have three children. Finally, I decided to separate for good in June 2023. I did not ask for support from him because his family has been providing for my children and helping us.
At present, he already has his own family and a child. I also have a new foreign boyfriend. However, he is afraid to visit the Philippines because he is worried that my ex-husband might file an adultery case against us.
What can I do to legalize our separation so that he cannot file a case against us?
The situation you shared is complex and requires proper legal assessment. To determine the most suitable legal action for you and your boyfriend, it is best to consult directly with a lawyer. In this way, you can prevent any possible case your ex-husband might file.
We will be sending you a private email with further details. Kindly check your inbox.
I am a Filipina married to a Lebanese national since 2019. We do not have children. Our marriage took place in Lebanon and was registered with the Philippine Embassy in Lebanon.
My husband moved to the Philippines in 2022, under temporary resident visa, but travels to Lebanon annually to visit his mother and brothers.
Earlier this year, he was diagnosed with major depressive disorder with psychotic features. He is currently in his home country undergoing treatment, though he experiences relapses from time to time.
Recently, he mentioned that we should begin discussing divorce. (No issues with infidelity, but rather a mutual agreement). He said he plans to process the divorce in his country and possibly submit the relevant documents to the Philippine Embassy in Lebanon.
Given our situation, what legal steps or options should I consider or documents that I need to prepare particularly from the Philippine side?
Under Philippine law, divorce is not generally recognized under Philippine law for Filipino citizens. However, if your foreign spouse obtains a valid divorce abroad, you may file a petition in the Philippines to have that foreign divorce judicially recognized. For now, your husband must secure the official divorce judgment from Lebanon. Once the divorce is granted, secure proof of Lebanese law on divorce and divorce decree and have it authenticated through apostille. When these important documents are present, then you can file a petition for recognition of foreign divorce.
Thank you. Just a follow up question:
I would like to ask whether there would be any repercussions if the filing of the divorce is delayed in his jurisdiction. Additionally, once the divorce is obtained, what would be the implications, if any, of delaying the filing for recognition of the foreign divorce?
Hello. The impact if delaying a divorce filing depends heavily on the laws of the country where the divorce will be filed. On the other hand, delaying recognition of foreign divorce implicates that you remain married under Philippine law, inability to remarry in the Philippines, complications in the property and inheritance, and potential risk in future legal transactions. The law generally has no deadline in filing a petition and no penalties, but practical consequences as mentioned will happen to your marital status.
Greetings!
Just wanna seek some advice in regards to my current situation. Im currently married with my fil husband yet we are 8yrs separated(undocumented) and chose not to have a direct contact with him but to some of his fam member. I am very open when it comes to our kids coz thats his rights too but he didnt asked for them to see but his mother is. no support given to the kids.i just wanna know kung pwede bang maging strong ground ang abandonment for annulment? Like he never tried to provide support sa kids and he just turned a blind eye sa needs nila for the reason that I have a job and can provide. and for the process usually how long is the minimum time and the cost? We dont have any conjugal property together but I just want to set free from his last name and ayoko din syang makatanggap ng any government benefits if ever may mangyari sakin, di kasi nya deserve. Thank you and hope you will consider reading my comment. Salamat ulit
Hello, abandonment is not a ground for annulment but may be used as a basis for legal separation. However, it can be considered as psychological abuse, which may support a petition for annulment. We will be sending you a direct message to further discuss the details. Kindly check your inbox. Thank you!
Good day. My estranged wife and I have been living separately for more than 5 years already. We have three daughters and two are adults already while one is still a minor. All the children are with her and I send them financial support every month. I have two questions:
– I would like to kindly inquire to the estimated cost of annulment nowadays?
– If I file for legal separation instead, can I cohabitate with someone else?
Thank you for the valuable feedback.
Hello! Legal separation does not allow remarriage or cohabitation; it only separates you legally and financially, but the marriage remains valid. I suggest pursuing annulment as the best course of action to dissolve the marriage, which will allow you to legally cohabit or remarry. As for the estimated cost of filing for annulment, it varies depending on the complexity, location, and lawyer’s fees. If you would like a general breakdown, we can provide one. You may send us a message directly at admin@lawyerphilippines.org or book a consultation either online or in person for only PHP 2,500 per 30-minute session. Contact details can be found in the website’s contact section. Thank you!
I want to live with my partner in a Scandinavian Country as a sambo but I’m still married in the Philippines but physically apart and separated for 9 years. Can I still apply for a residence permit and proceed?
Hello. Thank you for reaching out with us. You may apply for residence permit in Scandinavian, but please be aware that this carries significant legal risks. Your situation is very complicated because you are still legally married in the Philippines. Authorities from Scandinavian countries generally require proof that you are either divorced or that your married is no longer legally valid. Before taking any steps, it is strongly recommended that you consult a lawyer. You may book a consultation with our senior lawyer, Atty Britanico, who can provide guide you with expert guidance and legal advice tailored with your circumstances. The fee consultation is only PHP 2,500 per 30-minutes via online or in person.
If I have been separated from my husband for well over 20 years (he left), and I raised my son and daughter, put them through college while I worked as an OFW for more than 10 years, and provided support for both my kids wedding without the biological father’s support because he never provided support. I have not lived with him for over 20 years. He walked away, refused to take responsibility in supporting his own family. No support from him for the kids nor myself. He just disappeared so I took my kids and raised them myself with the support of my own family. We got married in the court because he impregnated me and to keep from being fired from my job, he suggested we get married so I could keep my job since it was against the company policy to be single and pregnant at the job. Now after more than 20 years gone by, he decided to file a case against me and is now trying to lay claim to the home I worked hard for to provide a place for my kids when they were young, my mother, and my siblings. I have no record of this marriage and so I am asking what I can do to legally divorce this individual who walked away from his responsibility as partner and father to the two children he left, and I raised providing all their financial support, education, love, and parental guidance. The marriage was not in a church but at a court of law so I could keep the job I had at the time to meet company policy. What can I do? I am 50 years old now and never remarried. I continued to work to support my kids up through their getting married and still taking care of my mother and, younger sibling who also is not married. While I was abroad working and providing financial support to my kids, my mother and family were there helping me raise my kids. The Filipino male never once provided a single peso. Now all of a sudden, the Filipino male files a case against me in an attempt to take my home! What can I do to prevent this from happening when I have not been with this person since the birth of our second child who is now married and living her life as is my son.? What this person is seeking to do is not Godly by no means. Again, I have never married anyone since he walked out on me and my kids so many years ago. I have not had any relationships since he left and all I want is to be divorced and left alone as he did so many years ago. I did not previously file any documents in court because my entire focus all these years has been on ensuring that my kids were able to attend college, graduate, secure jobs so they could give back to the Philippine society in which they were raised. I also took care of my mother and younger siblings while working as an OFW. Now all these years later this Filipino male wants to seek interest in something he has never been part nor provided any financial support whatsoever. I sacrificed my entire adult life to build a home for my family. What law says that a Filipino male has a right to impregnate a young woman, convince her to sign a marriage document to maintain her job, then ends up leaving her with two kids to raise without even a single peso of support? Not even their simple presence for the kids they help create. What law says a Filipino male who walked away from their responsibility in a marriage, a family, can now come out of nowhere to lay claim to something they never put a single peso towards? Please tell me on what grounds in the law that gives a person such a right and why and what steps do I need to take to prevent such ridiculousness from happening and be divorced from this individual?
Hello. We understand that your story is deeply distressing and we empathize with how you feel. Philippine law provides several judicial remedies to extinguish a marriage, such as Recognition of Foreign Divorce, Annulment, Nullity of Marriage, and in special cases, Legal Separation. It would be wise to consult with our senior lawyer, Atty. Britanico, to determine which judicial action best suits your situation. He will surely guide you throughout the process, and the necessary action will be taken. If you are interested, you may book a consultation with us for only PHP 2,500 for a 30-minute session. You may also message us directly at admin@lawyerphilippines.org. Thank you!
hi i would like to ask. I’m secretly married to my college girl but after a month we separated due to religious conflict and we are stop seeing each other for the past 35 years is it grounds for annulment. thanks for reply
Hello! The requires specific grounds to file for annulment. In your case, long separation or religious conflict alone is not a legal ground, however, these may be a support for psychological grounds.
The impact of adultery on divorce in Canada is often misunderstood. While it can speed up the process by proving marriage breakdown, it rarely affects asset division or child custody. Many believe cheating should lead to harsher consequences, but Canadian law focuses on fairness and the best interests of the children. What’s important is how each spouse behaves during the legal proceedings, not necessarily the infidelity itself. That said, trust issues and emotional trauma often complicate settlements and negotiations. In what ways can a spouse protect themselves legally if they’ve been cheated on during the marriage?
Hi. I cannot give you the definite facts and information of laws related to adultery in Canada. It is wise to consult a Canadian lawyer to address your concerns.
Hello,more than 8years me and my husband is not leaving together and no contacts.
Is it a valid reason to file an annulment?
Hi. Long time separation does not automatically qualify as a ground for annulment, but it can be a support for psychological incapacity as your main ground.
Hi, married po kami ng husband ko for almost 7years na but together nsa 15years na kami. Mula 2012 up until ngaun po sa akin sya tumitira. Gusto ko napo kasi mahiwalay sa asawa ko kasi sa tagal ng pagsasama namin wala kami katahimikan puros away at pera ang dahilan. Sobrang physically and mentally draining napo. Toxic napo ng relasyon and wala na tlga ang respeto sa isat isa. Wala po kaming anak, I need advice po. Salamat po
To dissolve your marriage with your partner, you must file a petition for legal separation, annulment, or nullity of marriage, whichever is applicable to your case. If you wish to pursue legal action, it is wise to consult a family lawyer that will help you address your concern.
If separation has been 20 years and the location of the spouse is unknown, how could get annulment? The family and friends of the spouse has been contacted but they haven’t seen or heard from them either during all that time.
If the separation has lasted for 20 years, the basis for determining his location is his last known address.
Hello, I have a mature aged filipina friend who is still in married status in the Philippines but who has been separated from her ex for over 10 years. He had fled to the U.S. and got remarried twice there. I think he filed some type of annulment in the U.S. but my friend has no record of it other than a copy of his marriage certificate. Can she get a quicker legal separation (since divorce is still not accepted in Philippines and annulment has too many restrictions) in her country? The man gets to move on with a new family while she had to sit for years alone. How can she live a normal life again?
Getting legal separation is likely not the solution since it does not end the marriage and could not remarry under Philippine law. It is best to consult a Family Law Attorney to help your Filipina friend navigate the proper legal remedies applicable to her situation.
Hi,
Can a legally separated Filipino (Legal Separation) possible to remarry a Canadian citizen in Canada or the US?
A Filipino who is legally separated under Philippine law cannot legally remarry, neither in the Philippines nor in Canada or the US. If you really wanted to pursue remarry you may go through another legal action through annulment or nullity of marriage.
What are some unconventional or controversial methods for legally separating in the Philippines that may not be commonly known or accepted?
Informal separation is the most common. Parents separate and live apart without ending their marriage in court.
What tips can help in planning a wedding while taking into account changes in legislation and recommendations related to restrictions on large gatherings?
Wedding Tips: Check each other’s civil status with the PSA first by getting a cenomar. If you have a property concern, you may also consider entering a prenuptial agreement. Make sure the marriage is properly compliant with the law for it to be valid. As to the restrictions on large gatherings, we are not in lockdown anymore, so it all now depends on the venue and the local ordinance where the event will take place.
Hello Attorney,
My wife is an OFW and she admitted in 2016 that she was in a relationship with a fellow OFW. They’ve been in a relationship during that time for nine (9) years. I forgave her when she tried to come back. But during those times, she was still in communication with the man. Recently, she admitted to my daughter that indeed she has restarted communication with the man. Aside from this, her family knew about their relationship before but tolerated her and kept quiet because she was their breadwinner. Can this be a ground for legal separation? May I ask how much it would cost to go through that process?
Kindly advise and thank you very much.
Hi. Yes, infidelity is a recognized ground for legal separation. However, it does not dissolve the marriage, it only separates property and marital obligations. The cost varies on the complexities of the case such as the location, lawyer’s fee, court expenses and other miscellaneous fee requirement during the process.
I filed a VAWC Case against my husband year 2020 his atty indicated in the agreement that we are legally separated, is this valid without any court trial? Are we legally separated?
Under the law. legal separation is only valid if granted by a court after a proper judicial process. An agreement signed by your husband’s lawyer even if it says legally separated does not make you legally separated. It’s just a private agreement. And if you are legally separated judicially, it does not bar you from filing a VAWC case.
Hi. My husband is in jail due to VAWC, and I want to file for annulment but don’t have the funds yet. If I am to use my maiden name again (specifically in documents and government IDs), do I have to file annulment first? Also, we did not have marriage license and one of the witnesses during our civil wedding is actually not the person on the marriage certificate, are these already grounds for annulment?
If the buyer only needs your cousin’s signature, and the documents are not notarized locally, then apostille is not necessary. If they require notarization in the Philippines, then an apostille from the DFA is requires.
Hi! Married — together for around 4yrs– physically separated since estranged husband has been abusing substance and eventually went to jail. We were married in the Phil Embassy. We both have separate families now — respecting each others spaces but not legally. Plan to file for annulment, but before that, is it possible for me (ex wife) to file for a document “separated in fact” — to ensure that he doesnt run after me monetary wise– since we didnt build/saved anything while we were “physically married”. Also — when i checked both of our CENOMARs — i am married, but he doesnt have any records for such as per his PSA issued cert. will it make sense to file that affidavit? does it need his consent? Thank you
You can file an Affidavit of Separation in Fact without his consent, but it is only documentary — not a legal dissolution. The affidavit is not a shield against future claims if he decides to pursue property rights. The strong remedy to completely free yourself is to file for annulment.
Hi,
I was married when I was 20 years old and my grandmother was the one who signed the consent since I was pregnant at that time but my mother was not aware of it. Can this be a ground for annulment?
Thank you.
If there is a defect in parental consent, technically it makes a marriage voidable. However, whether this will work as a ground for your annulment depends entirely on how old you are now and whether you continued to live with your husband.
Do we have dissolution of marriage in our country? If we have what is the difference of dissolution of marriage to others? Thanks!
In the Philippines, there are only two main legal processes that dissolve or invalidate a marriage for the general public: annulment and the declaration of absolute nullity of marriage. There is also the Judicial Recognition of Foreign Divorce, which applies if a Filipino is married to a foreigner who subsequently obtains a divorce abroad. Legal separation is a distinct remedy since it does not dissolve the marriage bond. However, for Muslim Filipinos, divorce is legally permitted under Presidential Decree No. 1083, otherwise known as the Code of Muslim Personal Laws.”
if we already separated 10years ago and never been live long time after we get married. Then my husband already have 3years old son in another woman and they are living together. Can possible to be easiest to be annualed?
The specific facts of your case make it significantly easier and highly likely to be approved.
If a man has a full relationship with a women who married but that women has a legal separation from her husband, it that considered adultery?
Yes, it is still legally considered Adultery under Philippine criminal law.
I’m an American citizen. My girlfriend lives in the Philippines and was in a very abusive and battered marriage, she escaped from the husband 11 years ago on a work visa. The husband has accused her of adultry from the very early days of the marriage and is still doing so today. All she wants to do is disolve any ties to him so she can marry me. What is the best way to do this?
Annulment or Declaration of marriage are the main remedies to legally dissolve a marriage under the Philippine law. She can file for annulment based on psychological incapacity. This is costly and time-consuming depending on the complexity of the case, but it legally frees her to remarry in the Philippines.
what if both spouses ay meron na pong gf at bf but un husband nagkaanak na po sa gf niya? Can he file for a legal separation before filing for an annulment? annulment tooks so long and mahal?
If you file both legal separation and annulment, it will be more costly than pursuing only one case. Legal separation does not dissolve the marriage; it only addresses property division, custody arrangements, and financial obligations. It also does not allow remarriage. Annulment, on the other hand, legally dissolves the marriage and is the only way to free yourself to remarry. While annulment is indeed costly and time?consuming, it changes your civil status from married to single.
i have been divorced form my Filipino wife since early 2021 in the United States.. But considered still married in the philippines. Also, she has remarried here to someone in the United States. Can i now bring my girlfriend from the philippines who is seperated from her husband there to the US.???
If you are legally divorced in the U.S., that divorce is valid only there. In the Philippines, however, it is not automatically recognized. Both you and your ex?wife would need to file a petition for recognition of foreign divorce in a Philippine court to update your civil status. Since you plan to remarry a Filipina, this legal remedy must be completed first to avoid rejection of your marriage application at the Embassy. The same applies to your girlfriend — she must also resolve her marital status. Without careful planning, your marriage may face legal complications in the future.
Hello.
I’m a foreigner and I want to marry a Filipina in my country, but she is already married in the Philippines.
What happens if a married Filipina has a husband that left her and she hasn’t seen him for a long time? Also she doesn’t even know where he is.
Is there a time limit for marriage to become void under this circumstances?
Thank you in advance.
If your Filipina girlfriend contracted a second marriage, it will be considered as bigamous marriage. under Philippine law, there is no time limit or expiration ate that makes the marriage void. No matter your husband has been missing, the law will presume that she is legally married until annulled. Under the law, there are two specific legal routes to clear her status. One is to file for Judicial Declaration of Presumptive of Death, and Declaration of Absolute Nullity
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.
Im an ofw my wife cheated on me,she confessed and i have some screenshots, i didnt filed a case before because she want to talk about it so we have verbal agreement and now i have partner in here and still she has a partner..now she is pestering me..can i still file a legal separation ?
Yes, you can file for legal separation. However, keep in mind that legal separation does not dissolve the marriage bond — it only addresses property division, financial obligations, and prevents your spouse from making monetary claims against you. Most importantly, you cannot remarry after legal separation. If your goal is to legally cut ties and be free from marital obligations, I recommend filing for annulment instead. While annulment is more costly and time?consuming, it is the only remedy that changes your civil status from married to single and allows you to remarry.
What if gusto na ng totally no communication and support for wife na wala naman anak.what are the possible ways to do it po? Thanks
The only legal way for you to be free from spousal obligation, given that you have no child/children is to file for annulment of declaration of nullity of marriage, whichever applied to your case.
I am separated for 7 yrs now what is the best legal action so i can mary again
If you want to remarry again, the best course of action is to file for annulment. even if you are legally separated, regardless of how long, your marriage bond is not dissolved. If you contracted a second marriage without annulment, it will be considered bigamous.
I am married but I am still using my maidens name and my husband is death 13years from now..
And now I am applying for abroad and my agency want that I will provide a cenomar..what should I do?
Because your husband passed away 13 years ago, you are now a widow. The correct proof is your marriage certificate and Death Certificate of your husband, not a CENOMAR.
Me and myex husband where no longer together 10yrs ago he has another family and in papers we still married. How can i remarry again.
You cannot legally remarry unless your first marriage is legally annulled. Regardless of if you are separated for years, it does not validly dissolve the marriage. You have first file a petition like annulment, nullity of marriage or recognition of foreign divorce suitable to your situation.
I want to ask if i can ask for annulment. we are married for almost 10 years and never had sex.
Yes, you may file for annulment in the Philippines if you have been married for almost 10 years but never consummated the marriage. Psychological incapacity may be a suitable ground.
How much will it cost to file for annulment and how long will it take?
“The cost of annulment cannot be determined by a fixed amount, as it depends on the complexity of the case. Factors include your location, required documents, lawyer’s fees, court fees, publication costs (if ordered by the court), psychological assessments (if necessary), and other miscellaneous expenses during the process. As for the timeline, annulment cases typically take up to three years or more. This includes preparation with your lawyer, filing and summons, collusion investigation, hearings, issuance of the decision, finality of judgment, and annotation with the Local Civil Registrar and the PSA.
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.
Is it better to file for annulment after 5 yrs has passed since separation(late 2020 as efforts of reconciliation were made since the discovery of the infidelity(2019) but we’re all in vain)? Or is the 5 yr countdown applicable to the year of the discovery of infidelity(2019)?
Under the law, not all annulment grounds have a prescriptive period. Also, infidelity or adultery is not a ground for annulment, it is aground for legal separation. If you are considering annulment, the ground would more likely be psychological incapacity. This ground has no prescriptive period — you can file even after many years of separation.
Hello atty.
My husband has been accusing me of cheating since he can’t access my phone anytime and keeps telling me that I’ve been lying to him. Thing get even worse when i bought a sex toy and made him think that im using it worst with other guy.
I explained to him sincerely my side. But he still don’t believe me. Now he wants to file a legal separation.
lahat ba ng accusation nya without proof can be grounds para mapunta sa kanya ang custody ng mga bata?
In Philippine courts, custody decisions are based on the best interests of the child, not on unproven accusations. Children below 7 years old are generally placed with the mother, unless she is proven unfit.For children older than 7, the court considers their preference and welfare. Your husband must present clear evidence if he claims you are unfit. Mere suspicion or accusations (like cheating or owning a sex toy) are not valid grounds to automatically transfer custody. Even if custody is awarded to one parent, the other parent retains visitation rights unless proven harmful to the child.
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.
Hi, I am an Australian citizen. I’m also of Turkish heritage and a Muslim. I married a Filipina in 2016 in Philippines in the municipal office of Concepcion Tarlac City.
My wife fell pregnant in 2018 and gave birth to my daughter in Dipolog in 2019, She has a Philippines birth certificate stating that her religion is Islam.
When my wife was in Australia in 2017, she converted to Islam in Melbourne in a mosque and subsequently in the Turkish Consulate in Melbourne where she was given a certificate that she was converted to Islam.
My wife and daughter arrived in Melbourne Australia in July 2019.
We applied for residency visa for her. I’m unaware if it’s been granted as she left me in January 2022 and is separated from me now for more than a year.
I want to marry someone in the Philippines now and want to know if there are any grounds for us to get divorced due to her being a Muslim convert. I hope you can give some light to my ongoing darkness. Thank you humbly.
Under Presidential Decree 1083, Code of Muslim Personal Law, divorce is recognized for Muslims in the Philippines. You may need a Muslim lawyer to assist your situation. We are not expert in this kind of service.
Hi good evening. Is there any chance that divorce will be implented here in the philippines?
This matter strictly depends on the legislative branch. As of 2026, the proposed absolute divorce bill is currently with the Senate for deliberation.
I just just separated with my wife and we are not living together. if she dates another man is there any action I can take? I havent been seeing anyone hoping we could still fix it since we have a child.
Hello, may we know if you and your wife are legally separated or simply living in separate residences? Assuming you are legally married but not legally separated, and your wife is dating another man, you may file a case for adultery, provided that you can support it with the legal grounds required by law.
I am American Citizen I got married in the Philippines then I was divorced in U.S I went back to the Philippines and I got another Filipina pregnant without getting my U.S divorced recognized will I be ok if ex-wife from my U.S divorce files a case against me , will the case de dismissed ?
Hello, to avoid any legal action against you, it is best to file for recognition of your foreign divorce in the Philippines. We will be sending you an email to learn more about your situation. Kindly check your inbox. Thank you!
Hi!
My wife and I have been married for 4yrs. Would it be possible to file for an annulment on the grounds of personal indifference?
If ever we do get annuled, does she have “ALL” the rights as to where she can take our children? Or do I also have a say in it as the Father? I’m afraid that she might take them to her province, and I will only be able to see my children on short periods of time in a year.
Unfortunately, personal indifference by itself is not a recognized ground for annulment. However, if the indifference is so severe that it shows psychological incapacity, meaning your spouse is unable to fulfil essential marital obligations (companionship, support, intimacy, respect), then it may be argued in court. As for the children’s custody, it does not automatically give custody to the mother. The court decides custody based on the best interests of the child. Since your children are minors, custody is usually awarded to the mother if they are below 7 years old, unless she is proven unfit. For children older than 7, the court considers their preference and welfare. As the father, you absolutely have a say. You can petition for custody or at least visitation rights. The court can issue orders to ensure you have regular access and prevent the mother from relocating the children without consent.
Priest adu the great spell caster brought my husband back to me after a hectic separation, E-mail him for any help through his web priestadu@gmail. com
Kindly email us directly with your concern. We’ll response you there. Thank you
Good Afternoon, I am considering to file Legal Separation on the grounds of Sexual Infidelity. What if my spouse later files for Annulment?
Is it, Who files their case first blocks the other?
If “Who” files first, can you give an estimate timeline on initial consultation to first please.
It is not about who files first. Each petition is heard separately by the court. If annulment is granted, it overrides legal separation because the marriage bond is dissolved.If annulment is denied but legal separation is granted, you remain married but protected in terms of property and obligations.
Hi. if 1 spouse wants an annulment and the other wants legal separation, is it who files first or can both be filed weeks or months apart>?
I plan to file legal separation based on sexual infidelity but my spouse is expecting annulment.
Either spouse may file their chosen case. It is not about who files first — the court will hear each petition separately. If one spouse files for annulment and the other files for legal separation, the court will not automatically merge them. Each case proceeds on its own merits. The court will decide based on the grounds presented. If annulment is granted, it overrides legal separation because the marriage bond is dissolved. If annulment fails, legal separation may still be granted.
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 wife and I is living separately for 12 yrs. We have 2 daugters. Now I am living with my new partner (not married) and have 4 kids. My wife knows that i have a second family now for 12yrs also. They also met many times already. Sometimes my live in partner will meet up with her to pick up my 2 kids from my wife. If ever, could she still sue me for concubinage? If she could, can I counter it with implied pardon?
While your wife has known about and seemingly tolerated your second family for 12 years, she could still technically try to sue you, but you have exceptionally strong defenses that could get the case thrown out immediately.
Hi. Im a married and got separated for 4 years ago. He got a baby to another woman. He never give my son a child support since then. What legal action should i do to him and his gf now.?
You can go to the Family Court and file a petition compelling your ex?husband to provide financial support for your son. Before filing in court, you may first bring the matter to the Barangay Justice System for mediation and settle for agreement of support. If he deliberately refuses to support your child, you may file a case for Violation of RA 7610. As for the girlfriend, if you want to pursue moral damages or concubinage charges, that would be a separate criminal case.
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, I would like to follow-up question to this answer. If the court approves the legal separation can both parties build a new family? like to have a partner and child of either both?
Legal separation does not dissolve the marriage bond, it only allows a couple to live apart, stop having sexual relationship, and completely dissolve and divide their properties. In this case, the answer is no.
Gd evening or can I ask ur advice what will I do..my ex husband continued bothering me… we’re separate 7years ago…an now I have new partner his a foreigner…but I don’t think about filling annulment..for it’s only cost money..an beside I don’t plan to marry my new partner…the reason why we separate with my ex because his 4 times he cheated me…an before I meet my new partner…we separated almost 3 years…my question po ano PNG gagawin ko namghaharass xa sa akin..until now ..nkakapagod na po..siya pla may anak na sa iba..thanks po
If you are not seeking annulment to legally dissolved your marriage bond with your husband, he may continue to harass you and use his rights as your husband in certain matter. However, for a while, to stop his harassment behaviour, you may seek protection from the barangay. You can report the harassment that prohibits him from contacting you or approaching you. You can also file a blotter report at the nearest police to document the harassment.
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.
He abondoned his 2kids 7 and 5yrs old by traveling back in the Philippines without me knowing, after a week i knew he is now in the Philippines and now with 3 kids with his gf. No financial obligation given to our kids since then bec he says im in abroad but the fact is i am now employed but helping out with my brothers mini groceries for exchange of a roof and food for me and my kids. Its been 10years and still my kids r going to school, can i oblige hin with finances even we r in abroad, thanks and more power.
You may oblige him for child support. You may settle this matter amicable through barangay mediation and settle what type of support he can provide. If he refuses to provide, you may file a proper petition for support in court. The court will determine the amount based on the child’s needs and the parent’s financial capacity.
I am already annulled, can I still file a legal separation?
Why?
We are married for 4 years, but because of individual differences we have decided to go for legal separation. We have a daugther and we have an written agreement regarding the rights of both parties in terms of custody. We both agreed to this decision. Will the legal separation be granted if every we will file for it? And is it possible for me to change my last name to my maiden name? Thanks!
Legal separation only allows couple to live apart, stop having sexual relations, and completely dissolve and division of property. Having mutual agreement, Philippine court will not grant it. There is a legal ground to file for legal separation, and mutual consent is not one of them. As for your maiden name if you can revert it, the answer is no. This is a common misconception, legal separation only allows separation but not dissolution of marriage. For you to revert your maiden name, you must file for annulment instead of legal separation.
My husband left for New Zealand year 2006. A year after that the communication went dead until today. I have no idea where he is, if he is still alive. I do not know his relatives either, just his mom and one sibling who is also flew to NZ year before him. I am having difficulty applying for home loans because my civil status is still married and spouse’s signature is required. What legal way can do to get out of the marriage? please help!!
You can file for annulment to legally dissolved your marriage. in this way, you have no legal and marital obligation over your husband, and you are legally free to apply for loans without his consent.
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.
Hi!Good morning!Inwas forced to marry a man 19 years ago.I lived with him for aq week and I escaped because I really don’t have a relationship with him.Now I have my partner who wants to marry me,what should I do?
Under Philippine law, you may file an annulment as long as one of the legal grounds are met such as lack of parental consent, psychological incapacity, fraud, fore, intimidation, or undue influence, impotence, and serious STD. It is best to consult a lawyer that can help you assess whether your case qualifies for annulment.
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.
Can i live in with another person if i am already legally separated?
You cannot. You are still legally married to your partner since legal separation does not dissolve marriage bond.
good day po. magkano po kaya magagastos for legal separation..pwede kaya ako mag file kaht nasa abroad po ako.? gaano po katagal ang process? salamat po.
There is no fixed amount when you file for legal separation in the Philippines. That depends on the complexity of your case. And even if you are residing abroad, you can still file a case through a counsel as your representative in court. As for the process, on average, it takes 1-3 years to finish or more, depends on the case itself.
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.
How much does annulment cost
That clearly depends on the complexity of your case; there is no fixed amount. You need to consider several factors, such as the location, the lawyer’s acceptance and appearance fees, court filing fees, publication costs if ordered by the court, and other miscellaneous expenses incurred during the annulment process.
My wife and I have been separated for almost 3 decades now and we would like to file for annulment, what would be the best way grounds or way to file for an annulment?
Hope to hear from you soon.
Many thanks,
Lito H.
psychological incapacity is the most common ground. Long separation, abandonment, and inability to fulfill marital obligations can be argued here. The best way to move forward is to consult a family lawyer to assess which ground fits your situation best. You may email us directly at admin@lawyerphilippines.org.
Is legal separation necessary before annulment?
How much is an annulment and how long is the process?
Annulment and legal separation are two separate remedies. Annulment dissolves the marriage bond and changes your civil status to single and allows remarriage, while legal separation, only separates property and obligation but you remain married in civil status. If annulment is granted, it overrides any pending legal separation because the marriage bond is dissolved. Costs for annulment vary widely depending on whether the case is contested and how much evidence/witnesses are needed. As for the timeline, it typically takes 3 years or more.
My husband work abroad for 3 straight years, and we had misunderstandings while he is there. He started to stop the financial support the fact that were liable at paying for our house loan in my name. I then shouldered everything we need to pay.. until now. We dont have child. When he went back to Philippines, he never contacted me and went to his family instead. After a month he arrived, he told me that we are over without explaining the reason. Then, due to pandemic, 3months after, he contacted me, telling me that he needs money. Looking forward to your advise. Thanks
Consider filing for annulment to free yourself from your marital obligations to him. In this way, you will be truly free.
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.
I have question please. I have a friend that filed their annulment 2 years ago and they just received a decision that the case have been denied. can you please advise what needs to be done.
If the petition was denied, they can file for motion to reconsider the decision of the court. If the case still denied, they could appeal that decision to the higher court to review the decision. If denial was due to insufficient evidence, they may file a new petition with stronger evidence and clearer grounds.
Hi, good day. May I ask your help regarding my situation? My husband and I were separated already for almost 12 years, and supported our daughter once in 2017 or 2018 amounted to 3 thousand pesos. I decided to go abroad in 2009 to support the needs of our daughter who’s living with my family. My husband, or ex already have 3 kids with the current wife. I wanted to be free from our marriage and planning to remarry again. What am I going to do?
Thank you for any recommendations you may help. God bless!
Note that a long period of separation is not a valid ground for annulment. If your goal is to be legally free from marriage, it is best to seek professional advice on which petition fits your case. Psychological incapacity is the most common ground, and abandonment, refusal to provide support, and failure to fulfill marital obligations can serve as strong supporting evidence for this ground.
My husband lied to me and just realized it after marriage:
1. He told me before marriage that he accepted my child (I am a single parent) but 5 months after our marriage he told me that he thought he can accept my child after marriage but realized he really can’t. I got scared for my child’s emotional and physical well-being, my husband was so mad when he told me that and left our home and never came back. It was already two years after he left our home. He stopped paying the house and since I cannot pay it on my own (we divide the bills) I decided to leave the house and have it bought back by the bank.
2. I learned that he did not graduated in college unlike what he told me.
We do not have any conjugal properties or children. We were married for 5 months before he left me and never came back.
Could you advise if I could file for annulment and what would be the grounds? Also, what is the estimate cost if I filed for annulment if he did not contest (I heard that he already have a new girlfriend), and also, if possible, to estimate if ever he contested?
Thank you.
You can file for annulment, and psychological incapacity can be use as grounds. His abandonment, refusal to support, and inability to fulfil marital obligations can also be argued as psychological incapacity. Leaving the marital home after only 5 months and never returning shows failure to perform essential marital duties.
As for the timeline, typically it will take 3 years or more whether he contested or not.
Would like to know if dating a separated woman will be a criminal offense on my part? She and her ex-husband haven’t legally separated or annulled their marriage yet but it’s already 6 years when they decided to separate and the ex-husband have his other family already. What are my limitations in dating a married woman who is already mutually separated with her ex-husband? Thank you for your advice.
Legally speaking, may risk ka pa rin. pwede parin mag file ng adul;tery case ang asawa. Sa batas hangga’t walang annulment o declaration of nullity, manananatili siang legally married.
I recently left my husband of 14 years because of financial abuse, I’m the only one who wants to end our marriage, I want to know about legal separation. I’m not after any property that belongs to the sanctity of our marriage I just want to be legally separated with him. I don’t have any knowledge on what to do. thank you
Legal separation does not dissolve the marriage; it only separates your property and custody. This means that you are still have marriage bond with hm, you are still married to him. If you want to legally free yourself from him by dissolving your marriage, then consider filing for annulment instead of legal separation. In this case, you will need a lawyer that will help determine the grounds suitable to your case and help you navigate the case.
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.
Hello, i am married but we separated 5 years but no legal paper works done. im living now in Germany and got my citizenship as well. i didnt reapply for dual citizenship. and i got pregnant with another man this year, almost 6 years since my ex husband has already another family in the philippines. how can i apply for separation to him when im living abroad? thank you
You can still file a separation here in the Philippines by hiring a lawyer to represent you and handle your case in court proceedings.
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.
Good evening po. Mahirap po ang sitwasyon namin ng partner ko ngayon. legally married po sya pero ung ex wife nya is nag work abroad, since 2017 ang last na uwi nya sa Pinas. Never na po sya ulit umuwi kahit man lang bakasyon para sa anak nya at asawa nya. may mga taon din po na binlock nya si partner ko kahit na gustong ayusin ni partner ko ang relasyon nila at pinapauwi na sya kaso ayaw po talga ni girl.
After how many years, si girl na din daw po ang nagssabi kay guy na maghanap na ng iba ganun din daw po ang sinasabi nya sa mga kamag anak ni guy. then, last year po, naging kami ni guy and well aware si ex wife sabi pa nga po nya ipakilala sa kanya at mag message daw ako sa fb nya. However, since yung anak nila ay 18y.o na ngaun at kasama ng tatay sa bahay, Hindi pa din po nya matanggap sitwasyon ng parents nya.
Ngayon si ex wife po ay nananakot na idedemanda po at ipapakulong po daw kami. Please note na nagkaanak na po kami ni partner born this May 2024 pero si guy ay nakatira pa din sa anak nya at hindi samin. May way po ba na makapag request ng legal separation or annullment si partner ko dahil sa ginagawa na lang na pananakot ni ex wife ang kasal nila? Sana po ay matulungan nyo po kami. Thank you
If you seek legal remedy to dissolve the marriage of your partner, it is best to consult a family lawyer to ascertain what legal remedy fits in your situation. You may adress our law office by contacting admin@lawyerphilippines.org
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.
Hi. I am married for 20 years now. And from the start of our married life he was already a drug addict. There are some cases of physical abuses everytime we argue about his using of shabu. He never worked when we got married I was the one working until my eldest was 4 years old and my youngest was three then when he decided to work abroad. He worked for 4 years and after that upto this year 2023 he never work again. He’s relying with the financial support coming from her mom and sister’s who are living abroad. Year 201@ when I decided to tried my luck to work abroad and I supported all the expenses my kids tuition fees, allowances, utility bills, food allowance and unfortunately even his vises (drugs, alcohol, cigarettes). There came to a point that even the tution fee payment wasn’t paid and he had lots of borrowed money bevause of this prohibited drugs. I am already exhausted, I don’t want it anymore. I want an out, since my kids are 19 and 18 years old now they can understand. Can you please advise me what do I need to do. Thank you and God Bless.
Based on the facts you shared, the proper way to legally free yourself from your husband is by filing for annulment. Long?term drug addiction, repeated infidelity, and failure to fulfill marital obligations may be argued as psychological incapacity. It is best to consult a lawyer who can prepare the case and represent you in court. Annulment cases are complex to defend, but in your situation, you may have a strong chance of success.
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?
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Hi, how much would it cost for the annulment and I want to talked about it privately. Thanks
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Hello po, May question po ako reguarding sa pag sawalang bisa ng kasal. Ikinasal po kami 1year ago lng at nagkakilala kmi 13 yrs ago. pero kamaikailan lng po kmi kinasal June 24 2022,dahil akala ko kasal ang solusyon sa away bati namin na pagsasama. Pero matapos ng 5 months naghiwalay na tgla kmi hanggang ngayon dahil malayo ang pinagtatrabahoan nya minsan lng xa umuwi. paano po ba ma aanul ang kasal namin? magkano po ang aabutin na gastos? Posible po ba ito? 9 montths na po kmi hiwalay. at may nakilala po akong Foreigner bf. at alam nya na married ako dto at willing sya na sagutin lahat ng gagastusin. Posible po ba ma dissolve ang marriage ko?
I believe I have answered your concern in the comment section.
Hello po, May question po ako reguarding sa pag sawalang bisa ng kasal. Ikinasal po kami 1year ago lng at nagkakilala kmi 13 yrs ago. pero kamaikailan lng po kmi kinasal June 24 2022,dahil akala ko kasal ang solusyon sa away bati namin na pagsasama. Pero matapos ng 5 months naghiwalay na tgla kmi hanggang ngayon dahil malayo ang pinagtatrabahoan nya minsan lng xa umuwi. paano po ba ma aanul ang kasal namin? magkano po ang aabutin na gastos? Posible po ba ito? 1yr and 3 montths na po kmi hiwalay. at may nakilala po akong Foreigner bf. at alam nya na married ako dto at willing sya na sagutin lahat ng gagastusin. Posible po ba ma dissolve ang marriage ko?
Your marriage may be legally dissolved if you have sufficient legal grounds for annul your marriage. To ascertain what grounds suitable to your case, it is wise to seek family lawyer to help you establish proper case and proper grounds to file. As for the cost, that varies on the complexities of the case, such s location, documents, court process and fees and other miscellaneous fee.
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.
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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?
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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?
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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.
My wife and i work in different cruise ship and she had an affair to a married man onboard the ship,Because of this i wanted to file an annulment with her, is adultery can be a reason for annulment? Can i file a case against her paramour for filming her during intercourse without her knowledge? The wife of her paramour can file a case against her for having sex with her husband? I wanted to file a complain in POEA so that they can not work in the ship again. If my wife cannot work in the ship again, is she has the right to ask a financial support from me? We dont have kids yet.thank you so much and more power.
Hope to hear from you soon
Best regards,
nina
Adultery or infidelity alone is not a ground for annulment in the Philippines. However, repeated infidelity and abuse can be argued as psychological incapacity, which is the most common ground for annulment. Against her paramour, f he filmed her without her knowledge, that may constitute violation of the Anti?Photo and Video Voyeurism Act. Against your wife, the paramour’s wife can file adultery against your wife and her husband. If you file a complaint with the POEA or manning agency, this can affect their ability to work on ships again. Since you and your wife have no children, she has no legal right to demand support from you if annulment is granted.
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.
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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?
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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..
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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
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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.
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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?
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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
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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!
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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?
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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
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Hi Sir/Ma’am,
I am married for 16 yrs. in Philippines. But we just lived for 1 1
(/2 years after marriage and i went abroad for 14 years in counting and we’ve been seperated for 11 years. I already lived woth someone here and with a kids. But he’s threatening me that i will going to be deported and filz adultery againts to me because im still married to him in Philippines but we ‘ve been seperated for 11 yrs. Im here in Us Teritory.
Kindly please give me a legal advice for what so ever my Ex intension. Thank you
Deportation is an immigration matter handled by U.S. authorities, not private individuals. Under Philippine law, adultery is a crime and it must be filed in the Philippines, not abroad. Courts need your presence and jurisdiction over you, which is difficult if you are overseas. In this case, your legal option is to legally dissolve your marriage in the Philippines through annulment. Alternatively, if you obtained a foreign divorce, you can recognize it her in the Philippines, provided you met the essential requirements.
How to file legal separation and how much does it cost?
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Ano po ba ang mas nararapat Legaal separation or annulment?
If your goal is to legally dissolve your marriage and be free to remarry, then annulment is the right remedy. However, if your intention is not to dissolve the marriage bond but only to separate from financial and property obligations — and you have no plans of remarrying — then you may pursue legal separation instead.
How much does legal separation and annulment cost ?
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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?
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Ii need a little information and advise what are the grounds forannulment and how much it ccost
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I need legal advise on what grounds to use for annulment. How much is the consultation fee?
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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.
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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.
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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.
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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
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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
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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.
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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?
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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.
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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?
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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?
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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.
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Magandang araw po, i need your advice ako po ay kasal sa isang japanese man noong 1990, at 25 long years na wala kaming communication in short abandonado po ako. At ako po ay wala naman kakayahan na mag bayad sa annaulment . Pwedi po bang mapa walang bisa ang aking kasal po please advice me . Thank you very much and God Bless
Ang abandonment o kawalan ng komunikasyon, kahit matagal na, ay hindi awtomatikong nag?aannul ng kasal. Sa Pilipinas, ang tanging paraan para ma?dissolve ang marriage bond ay annulment or declaration of nullity. Kung walang kakayahan sa gastos maaari kang lumapit dito para sa libreng legal assistance kung mababa ang iyong income.
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/
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.
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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.
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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.
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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?
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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.
Hi, me and my ex-husband separated for 7 years and no communication at all. Is it easy to process the annulment in this case?
Long separation alone is not a ground for annulment. However, it can support a case for psychological incapacity — showing that your spouse failed to fulfill essential marital obligations. Consult a family lawyer to determine the strongest ground.
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.
I married this woman 10 years ago. We only lived together for a month and she decided to leave. I don’t know about her whereabouts and we don’t have child and conjugal properties. I already have a common law partner now and I want to marry her. I want to annul my last marriage but I dont have any news or update about her anymore. What should I do?
If you file for annulment and your spouse address is unknown or cannot be found, the court process can still move forward. Th court will first attempt to serve summons at the spouse’s last known residence or workplace. If the spouse cannot be located, the court will order service by publication in a newspaper of general circulation. This ensures due process. If the spouse does not appear or respond after proper service, the case proceeds by default. The court will hear your evidence and decide based on your petition.
Hi me and my husband separated 8yrs now and he have othere girl now and there have baby I want file annulment can my annulment granted
You may file for annulment to legally dissolve your marriage bond with your husband. For the court to grant it, you must establish sufficient grounds to nullify the marriage. In this case, you will need a counsel to assess your situation and determine the strongest grounds applicable to your case.
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 https://lawyerphilippines.org
Hi! I am married for almost 15 years. Since I was pregnant for my 1st baby my husband slapped my face while we argued. I forgave him after that bcoz of my baby but until this year he always use his hands to hurt me if we have arguments. Until last summer he slapped me infront of my son, since then we never slept together until last 2 night ago we had a heavy argument. I suspected him having an affair because I saw the bottle of viagra in his bag which is almost consumed. He denied and started hurting me infront of my 3 kids. I went to the police station file for police report and went for medical examination. Now I want to selarate from him. What should I do?
You can file for annulment to dissolve your marriage bond with him. It also changes your civil status from married to single and allows you to remarry. While filing for annulment, consider filing for VAWC protection order to safeguard you and your children while annulment/legal separation is pending. If cost is a concern, seek help from the Public Attorney’s Office (PAO) for free legal representation.
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.
Good evening, I am married with European foreigner for 5 years and we were separated for 3 years because of this pandemic, since our marriage were held in the Philippines and it was registered from their country. And now, he is planning to divorce our marriage in Netherlands. My questions is, if he will divorce our marriage in Netherlands it is also possible that our marriage in the Philippines will annul? And my other questions is, it is a ground to file annulment when you’re not happy with your marriage? Thank you for your help ??
If your husband divorces you in the Netherlands, that divorce is valid there. In the Philippines, however, divorce is not automatically recognized. Since your husband is a foreigner, you may file a petition for recognition of foreign divorce in a Philippine court instead of filing for annulment. You may use the divorce decree and foreign law as the main evidence to legally recognized the divorce. It has the same effect with the annulment, which is to legally dissolve your marriage and updates your civil status.
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.
Hello, i just want to ask an advise and help from you. Im married with 3kids and i want to file a legal separtion. Almost 2 years we no longer communicate. Reason: may iba na siyang kinakasama at nagkaroon pa xa ng anak sa ibang babae.
You may file for legals separation but take note, this does not dissolve your marriage bond with your husband, meaning you are still married to him. Why not consider filing annulment instead, this will make legally free from him?
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.
Hello can i have a some advice i was separated for almost 8 years, can i put on my status a separated?
On government documents (PSA, IDs, passports), you must still declare married until annulment/nullity is granted. If you want to legally change your status, you need to file for annulment or declaration of nullity.
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.
Hi I have the same problem as above. Me and my wife agree to end our marriage. Any advice. Thank you
Even if you compromise to end your marriage legally, under the law, annulment cases are matters of public interest — they don’t just concern the spouses but also the State, heirs, and creditors. Because of this, the Office of the Solicitor General (OSG) and a public prosecutor are required to participate in annulment proceedings. heir role is to ensure that there is no collusion, meaning the spouses did not simply agree to fabricate grounds or stage the annulment. If collusion is found, the annulment petition can be dismissed.
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.
I got married on 2013 and we separated 2014, we just being married by his parents will because of the religion beliefs. Me and him decided to get separated because we didn’t feel that our marriage will work after a year. I wanted to make it in legal as he is also wanted too.. Can anyone help me? Thanks in advance
Kung may record ng kasal at ito ay valid, annulment ang paraan para ideklarang walang bisa ang marriage.
Is it a ground to void our marriage when our god mother/father none of them attended at the wedding ceremony without a proper proxy but somebody signing as a withness without indicating thier name?
Under Philippine law, godmother/father are not essential requirements for a marriage to be valid. Their role is only for ceremonial and symbolic. Without their presence is not ground to void the marriage.
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 good day sir,nais q lng malaman kung void ba ang kasal ng pirmahan lng walang seremonya ng silemnizer pero nka registered na sa Nso pwd bang ipa void,thanks and god bless
Under the law, for a marriage to be legally valid, essential requirements must be met. In your case, solemnizing officer were not present which is one of the essential requirements that consider the marriage null and void. You will need to file for nullity of marriage with the court to declare your marriage void from the beginning.
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.
Hi I have a question, if me and my ex husband has no communication now for 111 years. We got separated after 9 months of marriage and then have not seen each other for 11 years now.. How do I proceed with annulment for this? I dont want to use his last name anymore. It’s been way too long now.
If you want to proceed to file an annulment. You will need to consult a family lawyer, this is the first step. A lawyer will determine what legal remedies will apply to your case and what grounds will support your case. Your counsel will also determine what documents needed, discuss the cost and timeline. Then your counsel will file a petition in court. The process usually takes time depending on the court calendar and availability of the courts. Once the court grants the annulment or nullity of marriage, the court will order the Local Civil Registry (LCR) and Philippine Statistic Authority (PSA) to update your records from married to single.
My friend secretly married at 19years old the girl is 21..He said only Atty. in the municipality do the secret married their witness dont know too..after their married they are not living together..it is posible their marriage are void?because of lack of parental concent.Now my friend and the girl separeted almost 19 years.thank you in advance for response
For a marriage to be valid under the law, all essential requirements must be present. In this case, two critical factors are lacking. First, parental consent is mandatory when one party is below 21 years of age, and this requirement was not met. Second, the authority of the solemnizing officer is essential, yet an attorney of the municipality does not have the legal authority to solemnize a marriage. These two grounds are sufficient to declare the marriage void from the beginning.
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 im separated for 22yrs,at wala na po kmi contact ng husband,pero nag family na sya at may 18yrs old na anak,do i still annulment or may ibang option po para mapawalang bisa na kasal ko,napakamahal po kc ng annulment
You will need to file for annulment or a declaration of nullity to legally dissolve your marriage. Even if you have had no contact for over two decades, long separation alone is not a ground for annulment. However, it may serve as supporting evidence when establishing psychological incapacity.
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.
Hi,
I was married in the Philippines. Me and my ex wife moved to Australia and become Australian citizen. I was involved to another woman and my wife file a divorce. My question is, will I lose my rights of our conjugal properties back in the Philippines?
Looking forward to to your legal knowledge on this.
Thank you
Nes
Since both you and your ex?wife became Australian citizens, the divorce you obtained in Australia is valid under Australian law. In the Philippines, however, divorce is not automatically recognized. You (or your ex?wife) must file a petition for recognition of foreign divorce in a Philippine court to update your civil status there. Once recognized by a Philippine court, the divorce allows liquidation of conjugal property — meaning division of assets according to law. You do not lose your rights to conjugal property simply because of divorce abroad. Your share remains, but it must be settled through proper legal proceedings in the Philippines.
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 https://lawyerphilippines.org
My dad’s wife is Filipino she got her marriage annulled as he was presumed dead he turned up and was looking after the daughter we found this out? When she married my father he husband was alive and well and looking after the daughter.. if husband returns does the annulment still stand and is she still a widower and was she still allowed to remarry again would love a answer back from from UK thank you so much
Under the Family Code of the Philippines, a spouse may remarry if the other is presumed dead. To do this legally, the spouse must first secure a judicial declaration of presumptive death from a Philippine court. If your dad’s wife obtained an annulment or declaration of nullity on the basis of presumed death, that ruling stands unless it is later challenged and overturned. If the husband was actually alive and the court was misled, the annulment could be questioned. However, if the court issued a valid decree of annulment/nullity based on the evidence presented, the marriage is considered void from the start, and her civil status is legally single. The husband’s reappearance does not automatically invalidate the annulment. Only a court can reverse or nullify the decree.
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.
Good day. I’m a wife and mother of 2. 34 yrs.old. Basically we were married when I was 20, he was 21. He’s my first boyfriend. We married because I got pregnant. I lived a terrible married life from the very start. He changed the day we moved in the same house, or let’s say now the mask fell off. He’s not the same man I knew and married. He’s unfaithful, until now. We have no relationship at all (like we’re not friends/ not close/ don’t talk much), he’s always not at home. He doesn’t want me to work, he’s harrassed me everytime I’m at workplace. I guess I’m traumatized by it. So I just stay home, tending to the kids, and him. I am lonely and feel trapped. I wanted us to separate, but he just kept ignoring it. I thought I’ll lose my mind if our situation stays this way, because I know he’ll never change. He doesn’t care. I wanted to keep my mental health stable and healthy, especially for my boys. Is this a ground for separation? Thank you
Yes, your situation can be a ground for annulment or legal separation. His infidelity, harassment, and abandonment show incapacity to fulfill marital duties. You have the right to protect yourself and your children — legally and emotionally. I highly suggest you consult a lawyer that will help you assess your situation and help you navigate your case.
I want to annul my marriage because he was emotionally abusing me. Causing trouble to me and my family. He always tells me that i have an obligation to have sex with him if i refuse he always sayis that i have an affair and thats the reason im not having sex with him. Its so suffocating and im really stress please help me.
It is highly recommended to consult a family lawyer that well help you assess your situation and what grounds may be used to file for annulment.
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.
I’m converted into Muslim because of my work in KSA, but my marriage before was Christian wedding and we are separated for 7yrs til now and I don’t have a gf. Is it possible to void our marriage because I’m a Muslim now? Thanks atty
In the Philippines, your marriage remains valid even if you convert to Islam after the wedding. The religion of the spouses does not automatically void a marriage. Take note, since your marriage was a Christian wedding (civil or church), it is governed by the Family Code of the Philippines, not Sharia law.
Hello, good day atty. my friend was not having contact with his foreign partner since they got married and it is 14years now. She is 20years old that time and his foreign partner is 58years old . Can she file an annulment in philippines even if the foreign is not around ?thank u
Yes, she can file for annulment in the Philippines even if the foreign husband is not around. The petition is filed in the Regional Trial Court (Family Court) where she resides. The court will issue summons to the husband’s last known address. If he cannot be located, the summons can be served by publication in a newspaper. The case can proceed even without his physical presence, as long as due process (notice) is observed.
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.
Good evening. I am from Davao City. We been together for almost eleven years. However, I had this habitual alcoholism which turn into physical abused. Please help me on how to deal this case.
Consider seek professional medical help specialize in addiction and commit to therapy or counselling if prescribed.
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 https://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 https://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.
Hello, my partner is married and we want to live together, is there a way to do that once he filed for legal separation? Will there be grounds for him to be sued by his wife if we live together even when legally separated?
Living together after legal separation is risky. His wife can still sue because the marriage is not dissolved. If he files for annulment and once granted, he is legally single and free to remarry or cohabit.
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 po good morning ask ko lang po pano mag file ng demanda o legal separation? Kase po ung ex ko kasal po kami tapos buntis po sya sa ibang lalaki ngyon ano po ba dpat ikaso dun matagal na po kaming hiwalay at di nag ssama di ko rin po nakikita o nakakasma mga anak ko. Patulong naman po ano magandang gawin gusto ko na den po makalaya sknya nagsusustento namn po ko sa mga anak ko. Sna po mapansin nyo
Kung gusto mong tuluyang mapawalang bisa ang kasal at maging single ulit sa PSA records. Ito ang tamang proseso para makalaya at makapagpakasal muli. Pwede mong i?file kung gusto mong ma?separate ang property at obligasyon. Pero tandaan: mananatili pa rin ang civil status mo na married. Mas mabuti na kumonsulta sa abogado para matukoy kung annulment o legals eparation ang mas angkop sa sitwasyon mo.
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.
What is the best way to end the marriage of my living partner to his wife since they been separated about 9 years .her wife left him with there 7 months old baby and no appearance untill now than the child grow at the age of 9 years old.were planning to get married ..
And don’t know what is the best way..?
If your living partner is still legally married in the Philippines, the only way to end that marriage so you can marry is through a court process. Only annulment or declaration of nullity will legally dissolve the marriage. In this case, professional guidance is essential. Once the court grants annulment/nullity, he will be legally free to marry you.
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.
paano po ba mapawalang bisa ang pinapermahan nya sa akin
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
Any document signed under threats, intimidation, or coercion is not valid under Philippine law. Contracts require free consent. If consent is obtained through violence, intimidation, or undue influence, the agreement can be declared voidable. Consider filing criminal charges for coercion and threats. Also, consider to file for annulment to legally dissolve your marriage so that you are legally free from any marital obligation and you are able to remarry again. As for the property, this can be properly determining what property is your and him and liquidated if the property is conjugal.
Good day please enlighten me i had a civil weeding last 1979 in Manila Philippines but me and my husband has been living separate lives now but now i am interested to buy a property in Philippines but they’re asking for acourt order which i dont where to start now maybe you could help and enlighten me reagrding this thank you for the attention
Long separation is not automatically a valid ground for a marriage to be dissolved. It requires court decision. If you are planning to purchase a property where you are still married to your wife, then this property may consider conjugal. This can be a problem; the law will assume that the property you buy while married belongs to both of you. even if you’ve lived separately for decades, your status remains “married” in PSA records. To prevent this from happening, dissolves your marriage bond first through annulment or filing for legal separation to settle property and custody. However in legal separation, it does not change your civil status, you remain married with her. It is highly recommended to consult a lawyer to help you navigate your case.
My husband is a sailor and everytime he go back here,in Phils.he unpacked his things here in the house then went to his gf,its his doing for almost 6yrs,and before that he even had. A live in partner,he even had a son from a woman in the province,
He is been physically abusive before,we even had a record at the police station.but now being physically abusive was replace by emotionally and mentally abusive,he always said nothing will be like me but only driver,garbage man,padjak man and so fort .and always saying he wanted. Legal separation.and even been a separated status on facebook..his bad mouth makes me ill…If i annuled him,how much will be cost or a legal separation.but i really wanted our marriage be nulled and void.thank you.
If your goal is to be legally single and free to remarry, annulment or declaration of nullity is the right path. If your goal is only to separate property and obligations, legal separation is enough — but you will still be “married” in PSA records. Since you have documented abuse and long separation, annulment based on psychological incapacity may be the strongest option.
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 ,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.