Lawyers in the Philippines

Experienced Annulment

Lawyers in the Philippines

    Why choose us?

    Assessement is needed to determine what the Annulment grounds are and if they are sufficient enough for an Annulment to succeed.
    We assess your case so you know the benefits of Annulment in the Philppines to you in your situation and what it can resolve for you.
    Communication between a lawyer and a client is needed to get the documents together that are needed for the Family Law case.
    We communicate thoroughly so that you have clear expectations and an understanding of what the case will entail from the start.
    Family Law experience is helpful in Annulment cases as it ensures success.
    FCB Law Office will apply its extensive experience in Family Law cases to your case so that pitfalls are avoided and your case is as strong as it can be.
    A hand and money in it, symbolizing FCB Law Office's commitment to fair pricing.
    We include an estimate of 3rd party costs in the proposal so that you know what your total estimated expenditure, instead of presenting a misleading and lower cost.
    FCB Law Office will always do what is best for your Annulment Case in the Philippines.
    FCB Law always does what is best for you and the your case by complying with all the legal requirements so that cases are smooth and are not lost due to technicalities.

    Why do you need Recognition Annulment?

    Annulment is the only way to end a marriage between 2 Filipinos so that it is recognized by the Philippines. It is the cheapest and fastest option available at the moment.

    Annulment allows Filipinas to immigrate abroad with a K1 fiance visa.

    Immigration to new Country

    A foreign country will require that a Filipino be legally single before granting a visa such as a K-1 fiancee visa for immigration to the United States to remarry or live abroad. Annulment is the correct way to do this.

    With an Annulment, a Filipino can end his marriage and remarry again.

    Remarriage in the Philippines

    To remarry in the Philippines, the first marriage must first be legally ended. Without this, a marriage licence cannot be issued and complications around property and inheritance rights will occur.

    Annulment ends a Conjugal Property Regime so that an ex-spouse has no claims on future property purposes.

    End Conjugal Property Regime

    A spouse generally will have a half share of the marriage property and the only way to remove the rights of an ex-spouse from future purchases is through an Annulment case.

    Annulment ends the marriage so that an ex-spouse is removed as a compulsory heir.

    Remove spouse as Compulsory Heir

    An annulment is the cheapest way to remove a legal spouse as a compulsory heir to the marriage property. (A Will is more expensive due to Probate and Disinheritance having narrow grounds.)

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    What are the requirements?

    You can start the case even if you are both abroad – you just must prove that you lived as husband and wife in a city in the Philippines. You also must be able to provide evidence to support the grounds for annulment – such as a psychologist for psychological incapacity.

    Family Law cases can be filed even if both are abroad but one may have to come to the PH for testimony.

    Can file even if both abroad

    All Family Law Cases will require Evidence

    Evidence Required

    Family cases generally require at least 3 witnesses so that the judge has sufficient evidence.

    3 Witnesses if psychological incapacity

    FCB Law Office recommends a psychological exam so that we can present as much evidence as we can in the Annulment caes.

    Psychologist Suggested if psychological incapacity

    Annulment 7 Step Process

    All Family Law cases start with emailing FCB Law Office your situation and details.

    Email FCB Law Office to discuss your situation and so that we can assess your case to determine the right grounds for annulment such as psychological incapacity or a marriage that was void from the beginning.

    FCB Law needs documents and information submitted for assessment so that we can determine what other items are needed or if what is available is sufficient.

    Information Gathering We’ll ask for further information or supporting evidence on the grounds for annulment. We may need to send you to a psychologist if the ground is psychological incapacity.

    With sufficient evidence FCB Law will file the Annulment case at court.

    File at court FCB Law Office will file the case at court when the required documents and evidence have been completed. This should already include the Judicial Affidavits of the Witneses.

    A Collusion hearing is needed so that the prosecutor can determine that there was no collusion between the spouses.

    Collusion Hearing Annulment cases in the Philippines require a Collusion hearing to check that the spouses did not manufacture evidence or are colluding on the Annulment.

    Before trial proper, pretrial is necessary to identify the issues and evidence of the Annulment case.

    Pre-trial Issues are identified and the witnesses and evidence are identified prior to the hearing. The Court will also checking to see that the Collusion Hearing as accomplished.

    Annulment cases also require testimony from several witnesses as part of the evidence needed.

    Witness Testimony Some judges will allow videoconferencing testimony but some require personal appearance. We will ask the judge as to what is possible. Two other witnesss are needed for psychological incapacity.

    A decision on the Annulment case will be released by the judge when all the testimony and evidence is submitted

    Decision After all the witnesses have testified and all the evidence presented, the judge will issue a Decision after the submission of the Formal Offer. The Decision will need to be registered when it is Final.

    Further Reading

    Read More on Annulment

    Frequently Asked Questions

    What is annulment in the Philippines?
    Annulment in the Philippines is a legal process that declares a marriage null and void. It is different from divorce, which is not recognized in the Philippines. Annulment effectively means that the marriage never existed in the eyes of the law.
    What are the grounds for annulment in the Philippines?

    The case people commonly refer to when they discuss Annulment uses Psychological Incapacity from Article 36 of the Family Code of the Philippines. However, the grounds of bigamy, lack of formal requisites of marriage, and lack of age can also be used as grounds to end a marriage.

    What is the process for filing an annulment?

    The process for filing an annulment typically involves:

    • Consultation with a lawyer to assess the case and grounds for annulment
    • Psychological Exam with a Psychologist
    • Preparation of a verified petition for annulment, stating the relevant grounds
    • Filing of the petition in the appropriate Regional Trial Court (RTC)
    • Collusion Hearing
    • Pre-Trial
    • Presentation of evidence and witnesses in court
    • Court decision, either granting or denying the annulment
    • Issuance of a Certificate of Finality after the decision becomes final and executory
    • Registration of the annulment with the Philippine Statistics Authority (PSA) to update the marriage record
    How long does the annulment process take in the Philippines?
    The annulment process can take anywhere from a few months to several years, depending on
    factors such as the complexity of the case, the grounds for annulment, the workload of the court, and the cooperation of both parties.
    What are the costs associated with annulment in the Philippines?
    The costs for annulment in the Philippines can vary greatly depending on factors such as attorney fees, court fees, and other expenses related to the case. The total cost can range from a few hundred thousand pesos to much more.
    Do I need a lawyer for an annulment in the Philippines?
    Yes, you will need a lawyer for an annulment in the Philippines because this is a court case with a trial and hearing.
    Can I remarry after my marriage is annulled in the Philippines?
    Yes, after your marriage is annulled and the Certificate of Finality has been issued and registered at the LCR, you are free to remarry under Philippine law, provided that you meet all other requirements for marriage.
    Can I file for annulment even if my spouse does not agree?
    Yes, you can file for annulment even if your spouse does not agree. However, the process may
    become more complicated, expensive and lengthy if the respondent (your spouse) contests the annulment. It can also lead to the Annulment being denied.
    How does an annulment affect property division and custody of children?
    Annulment can affect the division of properties and custody of children. The court will typically order a division of properties between the spouses based on the applicable property regime. Custody and support of the children will be determined by the court in the best interest of the children. However, this makes the case riskier and more expensive so it is best to remove these issues from the Annulment case itself.
    Can I file for annulment if my spouse is not in the Philippines?

    Yes, you can file for annulment even if you and your spouse are not in the Philippines. The court requires only that you prove that you and your spouse lived as husband and wife in the Philippines and that this can be proved.

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