Annulment (Nullity of Marriage and Psychological Incapacity)
While Filipinos use the term ‘Annulment’ to refer to all cases where marriages are dissolved, the most common method is actually Nullity of Marriage based on Psychological Incapacity.
I’ll discuss the timeline, cost, and process for the most commonly used ground for Nullity of Marriage (Psychological Incapacity) to give you an understanding of court requirements.
The court process for Annulment can be a long, complicated, and costly process. But despite these, it is often necessary and advisable to go through the process due to its importance with regard to your property, children, and future relationships.
Chapter 1: Before your File
There are 3 ways to end a Philippine marriage, but they might not be applicable to your situation.
Read on to figure out what applies to you.
Is Nullity of Marriage the Right Option?
Other than death, there are only 3 ways to legally dissolve a marriage in the Philippines:
- Recognition of Foreign Divorce
- Voidable Marriage
- Nullity of Marriage or Void Marriage
Most cases fall under Annulment or Void Marriages.
Recognition of Foreign Divorce
While the first option is faster, cheaper, and simpler, it only applies when one of the partners was a foreign citizen at the time of the divorce. If not, it cannot be used.
The last two options are applicable when you qualify based on any of the grounds under the Family Code.
While most Filipinos confuse the two and call them both Annulment in everyday speech, they are actually two distinct types with different effects.
Void marriages include Art 36’s Void Marriage due to psychological incapacity.
Void Marriages (Annulment with Psychological Incapacity)
- Is when the marriage is void from the start
- Grounds are from Art 35, 36, 37, 38 and 53 of the Family Code. These include the well-known psychological incapacity, as well as marriages between those less than 18, marriages performed by someone without solemnizing authority, marriages without a license, incestuous marriages, etc.
- Children born of the marriage become illegitimate unless the ground used is Art 36 (Psychological Incapacity) or Art 53.
Voidable Marriages
- Is when the marriage starts as valid but can be voided
- Grounds are from Art 45 of the Family Code. These include marriages where one was over 18 and under 21 when the marriage was solemnized without the consent of a parent or guardian, where either party was of unsound mind, where the consent of either party was obtained by fraud, force, intimidation or undue influence, marriages where either party was physically incapable of consummating the marriage with the other, marriages where either party was afflicted with a sexually-transmissible disease
- Children born of the marriage are still legitimate
The applicable grounds and whether you have children are big factors in determining which type of case you can file and should be taken in consultation with your lawyer.
Explaining Annulment
For most married Filipinos, declaring a marriage void on the ground of psychological incapacity is the only way to end a marriage.
While similar to divorce in that you can remarry afterwards, it is based on different grounds.
Psychological incapacity is when one spouse cannot fulfill the requirements of marriage.
For instance, adultery is not a ground of dissolving a marriage.
Living apart – even for many years – is also not a ground.
In additional, irreconcilable differences does not exist in the law.
Art 36’s psychological incapacity is what is most often used.
Psychological incapacity is when one spouse is psychologically incapacitated to comply with his obligations as a spouse. It can manifest as substance abuse and physical abuse, among many others. However, these are not grounds in and of themselves and instead it is the totality of evidence that proves psychological incapacity.
Annulment is a formal court process. It will require witness testimonies and it will require you to go to court at least once. It will require a psychologist to testify on the alleged psychological incapacity.
Annulment is a court case as are all legal changes to civil status.
You should expect annulment to take at least 2 years.
If contested, it can take longer.
Annulment requires you to be financially prepared.
Big firms may charge a Php 500,000 or more over the course of the case. Smaller firms charge Php 300,000.
This is mainly due to the psychologist’s fee, the legal pleadings and the numerous court visits.
However, if you and your ex-partner can agree on property and children, it will be much faster and more economical.
Grounds for Nullity of Marriage
Psychological incapacity is the most popular ground for a void marriage.
Other grounds are discussed in Art 35, 37, 38 and 53 of the Family Code.
A summary of the other grounds are below. (The complete text of the Family Code should be at referred to for further clarification.)
One of the grounds to void a marriage is if one of the spouses was under 18.
Grounds:
- If you or your spouse was under 18
- Marriage was performed by solemnizing officer who didn’t have the official capacity to perform the service unless you one of you believed he did
- Without a valid marriage license although exceptions exist
- Bigamous marriages
- If there was mistaken identity
- Subsequent marriages under Art 53, which deal with recording the judgment of nullity and partition of property and legitime in the Civil Registry for a previous marriage.
- Psychological incapacity
- Marriages between ascendants and descendants, brothers and sisters even if illegitimate, and other incestuous situations such as if the child is adopted (Art 37 and 38)
These grounds are legal concepts and come with conditions and exceptions.
Take, for example, the requirement of the marriage license. Although in most cases, a marriage license is indispensable for a valid marriage, the law provides for certain exceptions.
One of them is that it is that no marriage license may be required when one of the parties is on the point of death.
For the exact wording of the law, please see this.
Chapter 2: The Process
It’s most likely that psychological incapacity will be the ground used.
I’ll discuss the step-by-step process from filing to successfully receiving the decision.
Annulment is a 7 step process.
While the below process is somewhat similar for other void marriages, I focus only on Nullity of Marriage for Psychological Incapacity as it is the most frequently used ground. (And often also the only one applicable).
Step 1: Engage a lawyer
You’ll need to engage a lawyer for annulment.
In cases where child custody and property division are problems, an advocate is essential.
He or she can approach the other side and negotiate on your behalf without emotion to help you reach an agreement.
This in itself goes a long way towards ensuring the case goes smoothly.
Hire the right lawyer!
In addition, he can ensure that the forms and processes of the court are correctly followed to avoid future problems.
When choosing your lawyer, choose one that you communicate with well.
You will need to tell him everything so that he can prepare and foresee problems.
You will also need to be very clear as to what you want from the case. Set your goals.
What are your prepared to compromise on with regard to property? What can’t you compromise on?
Make sure you can meet the costs of the annulment itself and discuss fees to properly set expectations.
Step 2: Interview with your lawyer and psychologist
You’ll need to be interviewed by the lawyer and your psychologist thoroughly before the Petition is created.
You’ll need a psychological assessment.
The Petition will be created from based on the information gathered at this stage. The grounds for psychological incapacity will be based on your interview with your psychologist.
This is very important. Annulments have been denied when the psychologist hasn’t personally met with the petitioner.
As the petition is the basis for the rest of the evidence that you present, it is important to get this done prior to its creation.
Step 3: Preparing your Petition
After your interview with your psychologist and lawyer, you will need to approve the final draft of the Petition.
You must correct any inaccuracies to ensure your case doesn’t have an error that could jeopardize its success.
The Petition must state the complete facts constituting the basis for the case.
You’ll need to write a petition before filing at court.
It must also state the names and ages of the common children of the spouses and specify the regime governing their property relations, as well as the properties involved.
The Petition may include an application for a provisional order for spousal support, custody, and support of common children, visitation rights, administration of community or conjugal property, and other similar matters if there not already an adequate written agreement for this between the spouses.
The Petition must be signed by both the Petitioner and the lawyer, and it must be sworn to under oath by the Petitioner.
Step 4: Waiting for the Court
Your Petition will then be filed with your city’s Regional Trial Court and docketed at the branch designated as the Family Court.
The Court will take steps to formally serve summons. The summons and the Petition will be personally served on your spouse.
You’ll need to wait a bit as the court assigns your petition and arranges other legal requirements with your lawyer.
If your spouse cannot be located, the court summons will be published in a newspaper for two consecutive weeks and sent by mail or other means to his last known address. If he lives in another country, then the process adjusts slightly to accommodate this.
The Court will also request the Public Prosecutor to file an Investigative Report to ensure there is no collusion between spouses.
Step 5: Pre-Trial
After the above Court processes have been successfully hurdled, your case will go through pre-trial.
The lawyer will prepare the pre-trial brief to summarize all your claims and your evidence. Affidavits from your witnesses will also be prepared at this point.
Your lawyer will put together the pre-trial brief.
During pre-trial, the calendar of court hearings will be scheduled.
Although mediation and the admission of facts to reduce to the scope of the trial are typically aspects of pre-trial in other kinds of cases, the scope of these is restricted in cases for annulment.
Step 6: Going Through Trial
Trial is the longest stage.
During trial, your lawyer will be called to present your case according to the calendar of court hearings set during pre-trial.
The trial takes some time!
Evidence will be presented and your witnesses will be questioned by the Court. You yourself will ideally be a witness, together with others who can testify to the facts of your marriage, as well as the psychologist who prepared the report.
This part takes multiple hearings and will also involve a number of written submissions to the court.
Step 7: Receiving the Decision
Assuming a favorable decision is received, can thereafter be submitted to the civil registrar so that your marital status can be amended. This dissolves the marital bond for good.
Finally done!
Congratulations!
Your annulment is complete!
You can now remarry, immigrate as a fiancée abroad, and buy property without worrying that your former partner has a claim.
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My husband and I have lived our separate lives for over a decade. We broke up due to unending fights and misunderstandings. He literally believed that the marriage contract could just expire if we break up and not living together for 7 years. We don’t have kids nor properties, how does the process work in this type of situation? Thank you
A successful court case is required to dissolve the marriage.
PLEASE HELP ME TO FIND A LAWYER WHO CAN HELP ME TO FILE AN ANNULMENT ..THANK YOU
Hello. You can reach us with your information through our form on https://lawyerphilippines.org/
Hi Good Afternoon Atty. Francesco Britanico,
Nagfile po ang brother ko na annulment this year, Higit 5 years napo silang hiwalay ng ex niya so nag decide ung brother kona mag file ng annulment agree naman po yong ex nya atty. Dahil both my partners napo sila, kaso lang atty. paglabas ng summon galing court hindi po tanggap ng ex nya na ang results ng psychology ay Psychological Incapacity and now po nag file then po siya ng case ng paninirang puri po dahil sabi niya hndi naman daw sia na interview ng psychologist.
Tanong: Maari po bang ma denied ang pag file niya ng annulment and my possibilities po ba na manalo sa kaso ang ex. niya????
If the wife wants to contest the psychological incapacity, she can do so. If she is successful then they will remain married.
hi I’ve been separated with my husband for 12 years.He has schizophrenia which I don’t know when we got married.I just knew it lately maybe a months or so that he has it.We don’t have kids or any properties to divide if ever I will file an annulment.And presently I am working abroad, how and what will be the process of filling_ the cost and how long.thank you
Place of filing should probably be the city or province where he resides since you are abroad. Some other facts will need to be reviewed. Will send you an email.
Hi my husband and i just recently separated. i am working abroad for almost 11months now and we did not end up well.
i want to file an annulment but i am not sure how because i am abroad. Natatakot po ako para sa kapakanan ko kun uuwi ako sa pinas dahil sa mental state nya. but i am not sure if I can file for an annulment without going back sa pinas.
We have written about this here.
https://lawyerphilippines.org/2021/04/08/how-to-file-for-annulment-in-the-philippines-while-abroad/
Married po ako sa American citizen. No kids. No properties to divide. We got married dto sa pinas so idk gano katagal ang annulment process para sa case namin. And how much is the estimated fees and such pati timeline. I need some help understanding thanks. Was there a faster route if we can pay extra?
It may be simpler to get a foreign divorce since he is not a Filipino and then have that divorce recognized in the Philippines.
Hello po attorney Goodmorning.. ive been married for 7 years.. within 7 years, almost everyday we have fights. He is alcoholic, drug addict before. And i was emotionally abuse.. i think he is psychologically incapacitated., we dont have children ksi po attorney hindi sya pwede mgkaanak we found out last 2018. We separated for almost 2 years. Kong sakali mag file po aq ng annulment attorney,, mapapadali po ba ito? Wala nman po kakming kahit anong conjugal property.
We will need to know more about the facts to advise you. Will send you an email.
Good day . im not married yet but i want answers to the following scenarios :
1.) a pre-nuptial agreement includes tests and exams to ensure that any future annulment claim would be invalidated (both are of : legal age, no history of substance abuse, not under influence of drugs, made a stamped documentation not neither was forced into the annulment., both are cleared by a doctor as not having any incapacity, etc.) but let’s say the husband became abusive after a few years. the wife filed for annulment . the husband contested and showed the pre-nuptial agreement that both parties can never file a successful annulment. what happens next?
2.) let’s say my wife made it a habit to put me in prison as she is not allowed to dissolve the marriage. what are the possible counters i can do against it when everything she files for are true and my imprisonment are all in accordance to the law? can i use that to file psychological incapacity (mental disorder) as to dissolve the marriage through annulment? will i still pay for it if she refuses to share with the expense?
3.) in connection with both questions #1 and #2 . if i filed for psychological incapacity (mental disorder) against my wife for putting me in prison too often for valid reasons, but we have that pre-nup about invalidation of any annulment cases, will i lose that case?
4.) what are the valid grounds for divorce that are not valid grounds for annulment?
Hi!
In my situation I was the first wife we’ve been married last 2004 but after almost 5yrs. of marriage we got separated and then he got married again in New,York last 2015 I have evidence cause it shows in his CENOMAR when we are both getting CENOMAR as one of the reqiurements needed for child legetimation of my twin daughters now my quetion is can I use his CENOMAR as grounds for annullment case please help me I need your legal advice. Thanks in advance
It can be the basis for dissolving the second marriage, but it is not by itself sufficient to dissolve the first. The court would have to delve deeper into the factual circumstances of the parties to rule the first marriage null and void.
My male friend cheated on his wife and is planning to annul their marriage. Should it be him or his wife to file annulment under pyschological incapacity? He understands that either one of them has to prove it since infidelity is not a ground for annulment.
Psychological incapacity may be alleged for either or both spouses provided it can be substantiated.
Can I file annulment for my wife whom i consider has psychological incapacitated. We always fight for money and shes is very clingy for unreasonable situation, its very frustrating. I didnt commit physical or verbal abuse. I am a good provider. Everytime we had misunderstanding she always want to commit suicide. Its over and ai cant handle it anymore. I want to file and annulement.
I will send an email.
Hi. I need an annulment for my security and my kids to. We have been separated for 5 years now with no communication. I cannot even get a housing loan. He has a new family. I cannot afford an annulment. Please help.
If one of the spouses is a foreigner and the other a Filipino and they have been validly divorced abroad, a Recognition of Foreign Divorce will help.
If both of the spouses are Filipinos, then only an annulment will end the marriage.
You are correct that without an annulment, you will have problems with a financing institution as they will require an annulment.
There are no legal groups that do this at a minimal cost that I know of but do a search – you may be able to find help.
My mom received a Psychological test from my dad’s psychiatrist for annulment. My mom doesn’t want to take the test nor she doesn’t want to get an annulment, she is mentally healthy. What happens when my mom doesn’t respond?
The case could go on even without her participation.
Hi i badly need your help , my husband and i are separated for more than 5 years now, he cheated on me several times, he left and got involved in several relationships,Just today i received his petition for nullity of marriage, for psychological incapacity and without license, and hindi ko ma gets eh yung cause nya, ganun ho ba talaga yun? what if hindi po ako mag cooperate?e counter ko po lahat ng statement nya? will it still be granted to him? ng kaanak po xa sa iba and they are living in together, pwede na po ba akong mag file ng case against him whule annulment is on process? and sa bacolod po xa bakit sa cebu naka file ang case? may pinakita po syang brgy cert stating na 2 years na sya nakatira sa cebu , eh andito lg po xa sa bacolod. does it mean po ba na kelangan kong pumunta ng cebu every gearing?
please please i need help.Thank you so much
hello sir
i am a foreigner married to a filipino
she commited adultery
what i want to know is
can i file annulment from adultery?
if not (adultery), what can i do?
what is the cost (2019)?
how long does it take?
Sent an email.
Hello po. I am 10 years separated without communication with my wife. We had 1 child. She cheated on me and had a kid with other man. Would it be a ground for annulment? Or atleast may help for easier annulment? Please help me.
What may be possibilities that an annulment might not be granted?? Thank you!!!
Sent an email.
To whom it may concern,
My husband separated with me. I am more than happy to go through this. It’s just that annulment is proving to be so expensive. I really want to go through this. He never had worked for the 5 years we were married and still doesn’t have work now. There aren’t properties that we have to separate. I really need help, most likely, I’d be the one to shoulder everything.
Thanks,
Christine
Sent an email.
been separated for 14 years, battered wife here. no other source of income for the annulment process. i have two kids, no fixed support from the father. only me and with the help of my senior citizen mother supports me and my kids. tired of asking allowances and support to the father. i want to have a family and to have a very peaceful mind. i have a boyfriend but he’s afraid because according to him, anytime my ex can call a police to report him. and bring him in prison? is it true? please help me what to do, any legal advice or action for us to have a normal life.
Yes, your husband can file a case against you and your boyfriend for adultery.
Annulment is the only option that would really help you, unfortunately.
Me and my ex wife is separated for 7yrs and I dont have any financial support to my son because they have a capacity to support by there family. We both also have partner, she already have 2 children and I have 1. And we dont have also properties to discuss. What is the grounds we will file?
How much will be cost?How long will take?
Sent an email.
I am a bit confused on the part where the respondent has to appear.
when does the respondent really appear in court?
are they notified if a certain hearing for witnesses is scheduled?
I mean maybe he will object on whatever the witnesses will be saying inside the court room
are they given a notification giving them the chance to appear in court AFTER taking the testimonies of the witnesses? – just like giving them the priviledge to answer the petition
I am asking in detail as I do not want him to appear on court and say whatever garbage he has and drag the case for too long.
I am planning to file an annulment and trying to finding a really good lawyer.
Sent an email.
Is it valid her second marriage if the first husband still alive and still have communication and thier marriage is null and void
Hi Imelda:
Do you mean that a woman married twice but did not legally end her first marriage?
If so, the second marriage is not valid.
However, she must go to court to dissolve the second marriage.
Only the court can issue an order legally ending any marriage, even if it is void from the beginning.
I have been separated for 4 years now. Womanizer and abuser! Annulment is way too expensive for someone like me who only earns enough to live on a daily basis. We have not gone thru getting a marriage license, a reverend went to our house to officiate but we are both Catholics and the reverend is from a Christian organization that I haven’t heard of! I pray that annulment process be amended or divorce be passed. Haaaaay
Order your CENOMAR with the PSA.
Check to see if your marriage was reported.
If so, then you will have to go through an annulment.
If not, then your marriage was never reported and you are not legally married.
To whom it may concern,
My mother and father have been separated for more than 14 years now, my mom is already living with her new partner and my father is also now living with his new family. My mom left him because he was a drunkard and always physically abused my mom, I am a witness to this. He also physically abused us that time (my little brother and I). So we left him when our mom came home from abroad (by the way, she worked abroad because her income here in the Philippines can’t provide for our needs anymore especially that my dad has no work that time). After 9 years (of no communication with our dad), we finally decided to reconcile (except for my mom, they still haven’t contacted each other since 14 years ago) and we’re on good terms now (dad, brother, and I). There was even a time when my dad told me that he wanted us four to meet and to finally reconcile and talk about annulment. Is there still a chance for an annulment of their marriage? I just want them both to be finally free and happy with their separate lives. I know it’s strange to have a child who wants the parents to separate but it’s been so long and my mom has suffered so much and is finally happy with her partner now and I can see that my dad is also happy now with his new family. I hope you can enlighten me on this matter. Thank you
Sent an email.
I’m looking for a lawyer to start the annulment process for my fiancé in Manila. I will be there in September to interview and select a lawyer to start the process. I also have been informed the process can go faster for extra payment? I really want the done as quickly as possible. My fiancé husband left her over three years ago for another women. So I want to get her here to the US
So I can help provide her the life she deserves.
Thanks
Dwayne
Sent an email.
Hello SIR/ MA’AM,
Ang ex husband ko ay may pangalawang pamilya na.may isang anak na sila, hiwalay po kami since 5 years na.
nag hiwalay kami dahil nambubugbog sya at iresponsableng asawa at ama siya.lahat ng bisyo ay nasa kanya na .
nais ko po sanang mag file ng nuliity of marriage. paano ang proseso?may limang anak ako at di naman ako
nag hahabol ng sustento, wala rin kaming property na pag tatalunan pa dahil naibenta nya na lahat ito.
sana po ay matulungan nyo ako salamat po.
The only way to end your marriage is through Annulment.
Have you gone to your local Hall of Justice? They may be able to help you or refer you to someone who can.
pde po ba ako mg pagawa ng waiver sa lawyer kahit d ako mg file ng annullment or legal separation na sobrang tgal iprocess..
im planning kasi na magpagawa sa abugado ng dokumento na nagsasabi na wala nkme paki alaman. ung ex wife ko kasi my BF na and ako wlaa nmn ka relasyon eh.. pero ung anak namin na sakin po kasi d rin nya kayang alagaan eh kya knuha ko.. pero gsto ko sna ipagawa ung dokument kung san snasabi na wala na kme pkialaman, or d sya mghahabol sa anumang property na meron ako.. and walang magfifile ng case ng adultery… sya tong my BF pero d ako ng kakaso sknya…pano po ba mgnda gawin…wla ksi ako kakayahan bayran ang annullment
Hi Jake:
It seems you want to secure property and your children. If so, you will certainly have to go to court.
The process of annulment is long due to the clogged court dockets so even if you have no property it will still take time.
I had filed an annulment june 2019, it is not easy and it is emotiinally draining. I have a lot of what if’s. My question is what if my annulment is not granted. Can i file another annulment on the same court? On another lawyer? I appreciate your reply. Thank you.
Hi Jee:
Some denied annulments can be refiled.
However —
An annulment denied on its merits cannot be refiled.
People whose annulments have been denied have often come to me with their stories but nothing can be done for them when the annulment was denied on its merits.
That is why it is best to work closely with your trusted lawyer.
Can we consider impotency as ground for annulment? TIA.
It is not a ground by itself.
It supports the usually used ground of psychological incapacity and can be included in the case.
I am annulled with my husband.He filed for the annulment and the reason is that i have psychological incapacity which is not true. I did not appear in the hearings until annulment is granted. My child 11 yrs old is living with them but now I want to get my child. Before we had an agreement signed in barangay that my daughter will live with them as long as is still studying.I gave way because what comes to my mind is it will be apply for that year only. Year after,but he told me that its until after colled college so I was shocked. But now that we’re annuled, can I still get the custody of the child even if the grounds for annulment is I have psychologically incapacity?
Dear Manilyn:
You may still have visitation or custody rights.
It will require discussing with your ex, or bringing a case to court if so needed.
May friend po ako na swedish citizen na nagka relasyon at anak sa isa pinoy citizen at ngayun yung asawa ng guy magkakaso daw. Pwede nya ba kasuhan ang swedish citizen ko na friend? Sakop po ba ng batas mg pinas ang friend ko knowing na hindi naman sya pinoy.
It depends on what kind of case would be filed. We do not have enough information to say.
Hi, 4 years na kaming hiwalay ng asawa ko – no support, no communication. We have 2 kids. Gusto ko na rin po siya mawala sa beneficiaries ko. Paano po yung pwedeng solution? Pwede ko po bang ifile na ng annulment?
Paano po ba yung process ng annulment? Thank you.
Sent an email.
My x husband [ husband] been jailed since 2017 of august or september . I found this when i was working abroad. 8 yars na po kami hiwalay at nung nagsasama pa kami everyday po kami nagaaway , everyday at habit nya na po ang uminom na madalas nauuwi kami sa walang pambili ng pagkain at naasa na lang sa biyenan ko po. ano po bang grounds ang pwede dito. at di ko rin kakayanin ang annulment fee dito sa pinas ,, sa kasalukuyan wala po ako work. please payuhan mo po ako. salamat
Have you tried to work with the PAO?
The PAO provides free legal services to those with income of Php 14,000 in Metro Manila.
They may be able to help you.
I am married with American man and we have a baby on a way. We married in the Philippines for 3 months now. We decided to have an annulment or divorce due to we apart to it’s other and could not support our needs and i have a big share in terms of expenses. If we undergo for annulment, how fast will be the annulment approve?
Sent you an email.
Were been separated for 8 years.and he has a new family now with 2 kids now.we have 3 kids and stayed with his parents.
Nambubugbog sya..kaya ko sya iniwanan.
Ikinasal kame nong 21 years old ako.ayaw ng magulang ko sa kanya.so partido lang nya ang naron.
Hindi ko kaya ung presyo ng annulment natin sa pinas.paano po gagawin ko
Annulment is the only way to end a marriage between 2 Filipinos.
You may wish to try to work with the PAO. Note that the PAO only caters to those with a monthly income lower than P14,000 in MM.
How much it usually cost for the annulment and year it takes? what’s the possibility will be the reason for the annulment won’t be granted? thank you.
Sent an email.
Hello seperated na ako sa husband ko since 2015 , nagpakasal Lang kami tapos bumalik sya sa Bansa nya dahil foreigner at never comeback , KAya Hindi q naranasan Ang marriage at may anak kami at Hindi nya pa nakikita ..5 years na kami seperated at Balak ko na mag pa annul Kasi Wala syang planing mag settle.at no assets kami,mas priority nya pang suportahan Ang mga ex wife nya at ibang anak nya sa iba , marami syang anak sa una at Hindi nya din kayang suportahan ,.ano po Ang advice nyo saakin ?
You could consider annulment or file for divorce at his home country if this possible then have that divorce judicially recognized in the Philippines.
You may consider filing for nullity of marriage if you want the marriage dissolved. We would need more facts than are provided here to advise you on the prospects of a case. You can email us at admin@lawyerphilippines.org if you’d like.
Hi, ask ko lng po paano kung 6 years n kmi hnd nagsasama ng ex hubby ko, at ngayon nakakulong sya dahil s drugs nahulihan sya, valid ba un pra mpabilis ang annulment, how much does it cost po kya at gano katagal magrant.? Thanks
Most annulments will rely on psychological incapacity. Proofs that support that can be used and a lawyer would be needed to assess the situation.
Makukulong PO ba si ex kung psychological incapacity?nakipaglive in PO sya sa Saudi ng 3 yrs..I want to file him a case.and be imprisoned.ano PO ikakaso ko?at ilang taon ?
Annulment or declaration of nullity of marriage is a civil case. It is not a criminal case with a criminal penalty.
Philippine criminal law typically does not have extraterritorial application so that crimes committed outside the Philippines are not subject to prosecution here.
Hi po,.
I have a friend who wants to file an annullment. They’ve been living separately for years now. They’re now thinking of filing the annullment. Just wanted to know what are the demands the other party can ask? They have one kid. Can the other party demands for a specific amount of money monthly as support for the kid?
Yes, matters concerning child support can be taken up as part of the main case. Note that the different grounds for annulment can affect how other reliefs may be granted.
Hi
Can i refile for an annulment again if my first case was denied? Thanks
This depends on the reason for the denial of the nullity case. Some court decisions are dismissals which do not bar the refiling, but it really depends on the language of the court order.
What if the ex husband is living with his new partner for 12 years and they already have 2 kids. I was abandoned for almost 13 years and receives no financial support for our daughter. I just turned 18 when we got married and he was 19. My dad just faxed a consent since he’s ik abroad. We just need to be married because we will be expelled from church. Can this be grounds for annulment as it seems that we were forced?
Sent you an email.
I have a friend and that he wanted to have and annulment. they are not living together with his wife for more than 10 years.. can it be a ground for null and void for marriage?
Abandonment can support the argument but it is not a ground in and of itself.
The usual ground used is psychological incapacity.
Sent an email.
Good day po..what if po di na healthy ang relationship? At na fall out of love ka na sa asawa mo…pede po ba ito maging grounds for annulment…but still supported ng asawa mo kayo ng mg anak mo still ang allottee ganon parin..pde mo.po ba mareklamo ang asawa mo gayong ni minsan di naman naging pabaya sa inyo…all he wants is to separate para naman po magkaroon siya ng peace of mind ba…pag gnito po case ano po ba dapat gawin?
There is no divorce in the Philippines so if they want to separate they may have to look at whether there really is psychological incapacity.
How about those seperated more than 18yrs without kids and no assete, no argue about? Madali bang madali atleast ganito ang case?
Unfortunately, even a separation of these many years is not a ground for annulment.
Annulment is solely limited to the grounds above.
What about if marriage was for two weeks and husband returned to America and never returned and no contact. Basically abandoned the new wife that he tricked into marrying. She has checked the govt authority and it was recorded. Can she get it expunged some way for less
Sent you an email.
Good day po,
Ask ko lang ano ano po ang pwede i file na grounds para maka pag file ng annulment petition po?, friend ko po na lalaki ang mag fifile ng annulment 2years na sila hiwalay ng asawa nya ,ano din po ang mga proseso ? thanks po sa feedback.
Gaano katagal at mag kano po ang magagastos?
Will send an email.
Email me about the annulament process
Hi. The process is detailed in this article. https://lawyerphilippines.org/2018/06/04/annulment-in-the-philippines/#Chapter_2_The_Process
Hi, po paano sa case na DIVORCE since 2002 & that year pwede pa po mag process ng report of divorce sa
philippine embassy at tinatakan
po nila ang passport ko ng ammedment
after a month po nakakuha po
ako ng single affedavit ,But year
2011?2013 kumuha po ako ng cenomar
(single affedavit)Ang nakuha
ko po married padin po ako sa forienger.
Ano po ang kailangan kong
gawin para maayos po yung sa
case ko,need po ba ng recognition?
Thankyou po.
https://lawyerphilippines.org/recognition-of-foreign-divorce-in-the-philippines-process/
I am separated for more than a year now from my husband. We mostly fight because of his insecurities and self pity.He cant provide me his physical obligations and because of that we fight intensely. He usually throw gossips about me with his friends saying i have a relationship with another man. Im always emotionally unprepared that’s why its giving me emotional tortures that’s why i gathered my strength and send him home. I dont have the financial capacity to handle the process, can you please help me???
Hi:
If you want to separate from your spouse formally so that you can remarry, annulment is certainly the correct option.
It is a 2-3 year process as the courts are often very clogged.
Government services such as the Public Attorney’s Office (PAO) can help cut down on cost but they only serve those who have an monthly income of less than P14,000 if in Metro Manila. You might want to try this option first.
Hi po. Mgttnung po sna ako ano po dpt Kong gawin.mdyo mhba po eto pro sana maddvice nyo poko.I have been force to married po bfre last 2004,dhil bf kp lng sya smama akk s knya pra lng pumasyal. Pguwi po nmin ng mnila ngdesisyon npo kgd mgulang ko na iksal kmi. Iyak ako ng iyak, wla along mgwa. Hanggang mbuntis ako at mgdecide na ipksal kmi before the day of our wedding ngbeerhouse ngtable ng babae, knbksan ksal nmin knsal kmi lasing sya, knsal kming walang singing as in and tlg planado. Sa 8 yrs nmin mlbo n tlg mrming nangyri n nsktan tlg ako ng sbra.andyan n me hnhalikan syang babae sa harap ko. Andyan yung nkainom sya pnasok nya sa kwarto kptd ko at hinipuan. Andyan na nlmn Kong ngddrugs din sya. Sbrang dami po. Tlgang psakit. Hanggang s mghwlay kmi. Bhra nyang sporthan mga bats, me 2kmi and mllki na, isang 16 at 12 now mg1year na hndi ngbbgay. Last five years po ngpaconvert poko ng Muslim pra mbago ang aking buhay at ms mlapit pa ke God. Ano po b dpt Kong gawin. Ang mhl po kse ng annulmnt. Gsto kpo mging mlaya sa bangungot na nangyri skn.
Filing for annulment would still be the only option because you were not married under the Muslim Code and so cannot get a divorce.
Hi Sir!
May possibility po na magrant ang annullment kahit na po may compromise agreement po?salamat ib adv.po?Lkm
Collusion is not allowed in annulment cases, but we would need more information to speak to a specific situation.
How about those separated without kids and no assets to argue about? Hindi ba puedeng madali at least pag ganito ang case? We both suffer and not able to move with our lives because of this law.
I will send you an email.
How about those separated without kids and no assets to argue about? Pwede bang madali at least pag ganito ang case? We both suffer and not able to move with our lives because of this law.
Hi Aleic:
If there are no kids and no assets, there may be less opposition from your spouse.
It would still require going through the annulment process however.
How about po, nandito po ako abroad and i’m a citizen na po dito, since nong pumirma po kami hindi po kami nagsama, and sabi po sa akin ay hindi po naka registered yong pinirmahan namin, at nagpakasal po sya ulet sa iba, hindi po ako humabol kasi sabi po nya na hindi naka registered yong pinirmahan namin dati. Ngayon po nalaman ko sa asawa nya na naka register pala. Ano po ba ang tamang gawin para mapawalang bisa po ang aming napirmahan , kasi may pamilya na din po ako ngayon.
Hi Lyn:
It seems as though you are not yet certain of your civil status.
Check with the PSA first by ordering your CENOMAR through the PSA serbilis.
I’m am American citizen, I married my Filipino citizen wife in the Philippines. I thought my divorce in the USA was finalized before I married my Filipino wife, it wasn’t. The divorce has since been finalized, our marriage has been considered invalid for immigration purposes. We want to get remarried to each other in the Philippines, how can we do this?
This may be complicated. You may need to first have the previous remarriage voided in order to again remarry. Will send you an email.
Question po for my sister, after the last hearing gaano po katagal bago mag decide ang judge if granted or not. If ever granted (sana) gaano katagal ang finality?sana masagot po ang tanong ko. Maraming salamat po.
It depends on whether the case was already ruled submitted for resolution. If it was, then a ruling would issue within 90 days from that point. She should speak with her lawyer to clarify if the case has reached that point.
Im living with someone now who is living seperately from his wife, who at the time of the marriage has cheated with him and had a kid with another man. Can this be used as grounds for annulment, and if so how much will be the cost.
Sent you an email.
Our annulment process is pricey and very complicated for people who just wants tl be free from an abusive relationship. Especially when kids are involves. I would want to file for annulment but do not have the resources to do so. It’s just sad that the law who protects peopme also is the law who makes life hard for some.
My annulment case is in court but I have a fiancee and he wants to visit me on December. Could it be possible that I could be in trouble?
This is probably best addressed to your counsel in your annulment case as he or she is familiar with the facts of your case.
ask lng po, paano po ung mga dapat gawin if both parties agree na mag karoon nalang ng annulment?
The annulment of a marriage is not a matter of agreement between the spouses but for the court to decide in accordance with law.
Married for 4 years but we never lived together
This may be an indication of psychological incapacity, but it should be taken in context of the entirety of the facts. Additional evidence should also be presented particularly as the psychological incapacity must be proven to antedate the marriage.
Honestly.i read many times and think it over and over.Only God can help me about my case..Annulment of marriages and legal separation must be..But financially i am not capable..I’am a martyr,only one who survived for my 4 children.we are long years separated because he is Drug addict and alcoholism.and Narcissitic personality Disorder/ irresponsible.no respects to me and my children,no marital support as a father.”psychological incapacity”..all my children was on my custody since i go abroad..My priorities was the education and safeness of my children and good future!How our law help for the case like me?so unfair .please help us! to become free.. thank you!
Will send you an email, Maris.
Hi sir;
I would to asked po,a sepated for 13 years sa husband ko .my 3 kaming anak and the youngest 1 is 17 years old but he is a PWD witn conginital hydrocephalus.and He never support with his 3 son sinced he left our house 2007.and he has his own family now in his home Town. My question is if i will file a case for him .can i use the ground of 12 years of abandonment with out support? What do i need to do ? Can i use PAO lawyer? Plss thanks
PAO may only be able to help for child support.
hello po..
I’ve been married for 15 years.. since then, walang naging trabaho ang asawa ko sa bahay lng “house husband”, at first manageable pa ang situation, until such time na burned out na ako, kasi hindi nya ako matulungan in our finances and even sa house chores, habang tumatagal lalong lumalala… thank God isa lang anak namin, kaya kinaya ko… pero hindi na healthy dahil almost every week/day nag aaway kami sa ugali nya, tamad, alcoholic, grabe pa sa sigrilyo, irresponsible father… ramdam ko na ang pagod na dalhin cya… planning for an annulment not to remarry but to get him out of my life..
but after reading the process and fees for annulment.. parang hindi kayang i finance.. wala po bang mas madaling process na less ang fees?
There is no divorce law at present. Unless there was an infirmity to the marriage such as the parties being underage or lack of a marriage license, filing for nullity under Article 36 would be the only option.
My tanong po ako..yung husband ko po ay nakakulong for almost 7 years..pasok po ba un sa ground na psychological incapacity?ako lng nmn po kasi mag isa nagpalaki sa anak nmin..wlang tulong na galing sa kanya o sa kanyang pamilya..
Not necessarily by itself, but it could be indicative of psychological incapacity if accompanied by other things.
I wanted to file for an annulment. My husband husband went abroad, never returned and didn’t give any support. I don’t have much money for the expenses. It’s been 10 years that he is absent in my life. Can you please help me.
We will send you an email. We would need to know more of the facts of your case.
Im married for 9years na po, at ang toxic na dn po ng pgsasama nmin. House husband po cya at ako lng po ngtatrabaho. Kaso ang dami po nyang naging utang na lately ko lng po nalaman. Sobrng stressed ko na po sa sitwasyon arw arw na dn po kming nag aaway. Pwede po ba akong mag file ng annulment? Pasok po ba sa psychological incapacity ung sitwasyon pi nmin.
This is not enough information for us to say.