How to file for Annulment in the Philippines while abroad
If you need to know how to file for Annulment in Philippines while abroad this article should provide you with all the information that you need.
I’m often asked by people “Can I file annulment abroad?” or “what is the Annulment process in the Philippines without appearance”. Typically people who ask this question are Overseas Filipino Workers (OFWs) with a Spouse in the Philippines.
While the process is generally the same, there are a few additional Requirements to be met.
This article discusses:
- Residency Requirements for the Petitioner and Respondent;
- How to prove Residency;
- The Annulment Process when you’re overseas including how to file and how Testimony is handled from abroad
- The Annulment Process if your Spouse is abroad and you are in the Philippines
- The Annulment Process in the Philippines without appearance
You’ll have a pretty good idea of whether or not you can file for Annulment abroad by the end of this article. You can also get in touch with us to discuss your particular concerns.
Can I file for Annulment abroad if I’m not living in the Philippines?
Filing an Annulment case in the Philippines while living or working abroad is doable
Yes, you can file for Annulment abroad if you are not living in the Philippines at the time.[1]
We are often asked about this by Overseas Foreign Workers (OFWs) who have worked in another country for years and who have a Spouse in the Philippines.
We also get asked by Filipino emigrants who were married in the Philippines and migrated abroad with their Spouse. They may have then separated with one Spouse returning to the Philippines to live.
Annulment while abroad is the correct case to file in these situations since both of the Spouses are Filipino.
If one of the Spouses is a foreigner on the other hand, it is better to divorce abroad and then recognize this valid foreign divorce through a Recognition of Foreign Divorce court case.
[1] You can also file a case for Declaration of Nullity of Marriage.
What are the Residency Requirements for an Annulment case?
It is important to know the current addresses or the Residency of the Parties before filing an Annulment in the Philippines while living abroad.
An Annulment case can be filed from abroad as long as the other Spouse (the Respondent) has resided in the Philippines 6 months before the date of filing. The case must be filed in the province or city where one of the Spouses lives.
It is important to understand that an Annulment case filed at the wrong city or province will be dismissed by the court before it even goes to trial.
So, even if the Petitioner no longer lives in the Philippines, an Annulment case can be filed in the Family Court of the Philippine province or city where the other Spouse lives.
The same applies for a Non-Resident who happens to be in the country. He can file for Annulment in the city where he or she may be found in the Philippines.
“The Petition shall be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the date of filing. Or in the case of non-resident respondent, where he may be found in the Philippines, at the election of the petitioner.”
– Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages
Why do Residency Requirements for an Annulment case need to be accurate?
Philippine Annulment cases are heard in the Family Court.
Residency Requirements for Annulment require that both Spouses current addresses are listed in the Petition for Annulment and that at least one of the Spouses has lived in a Philippine city 6 months prior to filing.
The court where the case is filed will check if these addresses are correct or true. The court verifies the addresses shortly after the Annulment case is filed. It sends a Notice and Summons to the other Spouse (the Respondent) at his given address through the Court Sheriff or the Process Server.
This Notice and Summons must be received by the Spouse so it is really very important that the correct address is given.
If the court discovers that the addresses are not accurate or if one of the Spouses has NOT lived for 6 months in an area where the court has jurisdiction, then the court will dismiss the Annulment case outright.
If the court is able to verify the addresses and if one of the Spouses has lived for 6 months in an area where the court has jurisdiction, then the case will continue.
What are the documents required to prove Residency for an Annulment in the Philippines?
A house sketch can be added to the Sworn Certificate of Residency when filing for Annulment if it is certified by the appropriate authority.
The Petitioner must also show proof of where he or she lives. The Supreme Court has issued firm rules for proving the Petitioner’s residence.
Certificates of Residency from the Barangay or its equivalent and utility bills and bank statements in the Petitioner’s name are examples of proof of the Petitioner’s residency. A list of the documents needed for Proof of Residency when filing for Annulment in the Philippines is:
(1) Sworn Certification of Residency (with house location sketch) issued by the Barangay [or its equivalent if the Petitioner lives abroad];
(2) Sworn Statement of Counsel of Record that he/she has personally verified Petitioner’s Residency and that the Petitioner had been residing there for at least six (6) months prior to the filing of the Petition; and
(3) any, but not limited to, the following supporting documents:
• Utility bills in the name of the Petitioner for at least six (6) months prior to the filing of the Petition;
• Government-issued I.D. or Company I.D., bearing the photograph and address of the Petitioner and issued at least six (6) months prior to the filing of the Petition;
• Notarized Lease Contract, if available, and/or receipts for Rental Payments (bearing the address of the Petitioner) for at least six (6) months prior to the filing of the Petition;
• Transfer Certificate of Title, or Tax Declaration, or Deed of Sale and the like, in the name of the Petitioner where he/she resides
If the Petitioner is filing the Annulment while abroad, then the addresses shown would have to be his foreign address.
For the Respondent, the only requirement is the current address. Remember that this address must be accurate because the Court will check to see if the Repondent really lives there.
What is the Annulment Process if I am overseas?
If the person filing the case (the Petitioner) is abroad, the Annulment process is generally the same except for the preparation of documents and the testimony of the Petitioner.
I’ll explain this in more detail in the following 3 sections:
1. How do I file for Annulment in the Philippines while I am abroad?
2. How can I sign the paperwork to file an Annulment in the Philippines if I am abroad?
3. Is there an Annulment Process in the Philippines without appearance?
The lawyer needs honest and complete answers in order to correctly assess an Annulment case in the Philippines.
How do I file for Annulment in the Philippines while I am abroad?
The lawyer needs honest and complete answers in order to correctly assess an Annulment case in the Philippines.
The first step is to engage a lawyer in the Philippines so that he can determine the correct grounds for Annulment and draft the necessary documents.
First, your lawyer will review the facts of your situation to determine the legal bases for a case of Annulment or Declaration of Nullity of Marriage. This includes making sure your grounds for Annulment are valid.
If you are not sure what the grounds for Annulment of Marriage in the Philippines are, you can check my article The difference between Legal Separation and Annulment in the Philippines for more information.
Communication and engagement with a lawyer here can be done remotely over video conference, email, Viber / WhatsApp, and other social media tools even if you are not in the Philippines.
The interviews that both the lawyer and the necessary Psychologist have to do with the client can be done over Skype, Zoom, or other platforms.
From these interviews, your lawyer will draft the Petition, the Affidavits, and the Authorization to appear on your behalf which have to be filed to initiate the Annulment case. These will then be emailed to you so that you can check and correct any details before you sign them and have them Notarized.
Your lawyer should also include instructions on how to authenticate these documents either through Consularization or through Apostille. Read more about this below.
You will then need to send these documents back to the lawyer via DHL or FedEx so they can be filed with the correct court.
How can I sign the paperwork to file an Annulment in the Philippines if I am abroad?
Annulment documents and papers signed abroad have to be legalized in the country of origin and in the Philippines
The court documents prepared by your lawyer will need to be signed by you and Notarized.
The question thus becomes, how do you have these documents for an Annulment in the Philippines Notarized while abroad?
There are generally two options for how to do this.
One option is to go to the Philippine Embassy or Consulate where you are living and have your documents Notarized there. These documents will be considered validly Notarized for the Philippines.
Another option is to Apostille your documents.
So long as you live in an Apostille Treaty Member Country like the United States, Norway, or Japan, you can have your documents Notarized by a local Notary and then Apostilled in that country.
An Apostille is a special process of Authentication for international documents. A document authenticated in this way will also be deemed validly Notarized by the Philippines.
You can check to see if your country is an Apostille Treaty Member Country here.
You can discuss with your lawyer which option is more practical for you.
Is there an Annulment Process in the Philippines without appearance?
Remote hearings from abroad are possible if the Judge agrees and the Philippine Embassy where you live abroad offers Court videoconferencing services.
A question I have been asked a lot particularly during the COVID Pandemic is what the Annulment process in the Philippines without appearance is. Or even “Can I file annulment abroad if I can’t come to the Philippines to appear?”
The answer is “Yes”. If the Judge allows videoconferencing Testimony and if there are Court Testimony Services available at the Philippine Embassy where you live then you may be able to go through the annulment process in the Philippines without appearance.
The Supreme Court has issued rules allowing the Trial Courts to conduct video conference if the Judge agrees [1]
However, Testimony from abroad is only accepted by the Court if the Philippine Embassy where you live offers Court Testimony services.
Philippine Embassies do not always offer Court Testimony services because they may not have sufficient facilities or manpower. Philippine Embassies are slowly starting to roll out this service so frequent checking at the Embassy is needed.
It is definitely a possibility that you can Testify through video conferencing from abroad but remember:
• The Judge has to agree
• The Embassy or Consulate has to offer Court Testimony Services
[1] Supreme Court Administrative Matter No. 20-12-01-SC (Re: Proposed Guidelines on the Conduct of Videoconferencing) dated December 9, 2020.
What is the Annulment process when the Respondent is overseas and I live in the Philippines?
If you are in the Philippines and your Spouse is abroad, then the Annulment process is generally the same except that your Spouse will be Served Notice through the Hague Convention on Service. (Full title: The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters)
The Hague Service Convention provides a common framework to serve court notices when Respondents and Petitioners of Civil or Commercial cases are in different countries from each other.
The Hague Service Convention requires that service is coordinated with the Resident Competent Authority. The Resident Competent Authority differs per country or per state (in the case of the United States).
Each Resident Competent Authority has different requirements.
It will take some work on your lawyer’s side to coordinate with them to determine exactly what is needed but it’s important to get this right. Service is a crucial part of a case.
What can I expect when filing an Annulment case in the Philippines?
Annulment cases require Residency Requirements, valid grounds for annulment and full compliance with the legal requirements.
A lot of work required in an Annulment case is detailed and often not seen by the client. It is important to choose a lawyer who does the work well.
Cases are won not only when the grounds are sufficient but also when the lawyer has fully complied with all the Court requirements.
Expect the court to take time as there are several Hearings for Annulment. This is because the Courts are very overworked and there can be months between Hearings.
If you are abroad, remember that the case can begin in court even while you are abroad. Just make sure that the correct venue requirements are met. The case can proceed even without you being in the Philippines for every single Hearing.
With the exception of document preparation and Testimony, the case is generally the same as if you were in the Philippines and so it should follow much of the same general pattern.
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
hello,
I am planning to file an annulment, I am an OFW working here in PNG. Is there a way on how to continue this? I will not chase on anything, just the nullity of the marriage.
Regards
Yes, as described in our article, you can file for annulment or declaration of nullity in the Philippines from abroad.
how muchit will cost to finish the annulment process Sir?
This depends on the grounds for annulment, the city or municipality that the case must be filed in, and other factors. We’ll need more information about your case to say.
Hi im Divorce here in California but still married in Philippine I want how to process for annulment
We would need to know more about your situation to say. Will send you an email.
How long proccesing the annullment how much it cost
This largely depends on the facts of the case because the different grounds for nullity or annulment require different evidence to prove them.
Hello. How long for an Atty. To prepare the case before before it will be filed? Thanks.
This may take a few weeks to months depending on the availability of documents.
Dear Atty. Francesco,
Hope all is well.
I would like to ask for a clear advice re: annulment process. My husband (Foreigner) and I (Filipina) already separated for 11 years now, we have just 1 son 16 years old boy and he is with me now (I am currently working abroad).
We got married in Philippines in Church and he has been (i think married back from his country 5-6 years ago) they have a son already and they are both living in other country. How can I file an annulment on this case.
Highly appreciate your advice.
Thank you & God Bless!
You may be better served obtaining a divorce in her home country and then having that divorce recognized in the Philippines.
How can I filled anullment in Philippines because I’m live in abroad how to process give me a suggestion
The process is as described in this article.
We have also written about it here: https://dubaiofw.com/how-to-annul-marriage/
We will be happy to speak to your specific situation if you fill out our form for this on the homepage.
Good day Atty. I would like to know how to start the process of divorce, i live here in the UAE with my 2 y.o. daughter. My husband left us when my baby was just about 4 months old. He is indian. We both worked and met here but we got married in the Phillipines. He is not supporting us since the day he left except the cash gift he sent to me for our daughter’s 1st birthday. I open a case in 2020 in Dubai court for child support, he was still in the UAE at that time, but i think this is thr reason why he left theb country just few days after the court representative called him. Please advise. Thank you.
If you could obtain a divorce from him in his home country, that can be recognized in the Philippines. You may consider finding a way to contact him to discuss this.
Hello, what will be the process and what can you advice if my ex-husband is in another country (OFW) and I’m here in the Philippines? We don’t talk to each other for one year now and I’m not sure if he can even attend the hearings when I file an annulment. Will it affect the processing time? Thank you so much in advance.
The respondent spouse need not appear if he does not want to. The spouses are not supposed to collude with each other for the annulment so the court actually does not expect them to coordinate in this respect.
Dear Atty,
My ex husband and i are OFW and we are separately for almost 11 years. We want to divorce or annual our marriage. But we don’t know how to process in easiest way because we don’t have a time. Please help. Thank you so much.
The annulment case can be filed if at least one of the spouses has been living in the Philippines for the last 6 months.
It can be filed with the court of the city or province where one of them lives.
I got divorced in the U.S I’m not a U.S citizen what can I do for my divorced to be recognize in the Philippines and my status be updated.
A foreign divorce can only be recognized if at least one of the spouses was a non-Filipino at the time of the divorce.
If both spouses are Filipino, then a case for annulment / nullity of marriage will have to be filed in the city or province in the Philippines where one of the spouses is.
Dear Atty.
Do I need to provide an evidence before filimg an annulment. If yes what evidences should i need to acquire?
Yes. What evidence will depend on your specific situation. We can address your particular case if you fill out our form in full on https://lawyerphilippines.org
Attorny we have already sign the agreement that we dnt bother each anymore can i file the annulment since my husband in philippine already have live in partner?
A simple agreement is not enough basis by itself to grant annulment. But it may be possible for the court case to succeed provided there are other legal grounds present in your situation.
We already separate 7years..me and my x-husband are both here in Dubai.can we process our annulment abroad?
It is only possible if at least one of you has been residing in the Philippines for at least 6 months. The case has to be filed in the city or province where on of the spouses has been living.
Atty. Francesco Britanico I have been working abroad for more than 10 years, particular in the middle east. I live in the accommodation provided by my sponsor, and I am not paying any electric bill or any kind of bills. I want to file annulment. Is it possible to file annulment.
Yes, you can file the annulment case at the city or province in the Philippines where your wife lives.
We will be happy to speak more specifically to your situation if you fill out our form on https://lawyerphilippines.org
Hi Atty. Which is the best way to file, divorce here in the US or annulment in the Philippines ? I am now in the US as J1 Visa but I am married in the Philippines. We have this long time problem as a couple and I need to end this issue. Thank you.
We would need more information to advise you. Note that a divorce abroad can only be recognized outside the Philippines if at least one of the spouses is a non-Filipino at the time of the divorce.
Good afternoon! How about for the couples that have been separated for more than 20 years. That has a child that is not a minor anymore. And no contact at all. What will be the process be?
The process will be as discussed in this article.
We will need more information to speak specifically to your situation. We can address it if you fill out our form on https://lawyerphilippines.org
We are seperate 3 years ago,how to hirea lawyer here in oman nd how much it cost
Fill out our form on https://lawyerphilippines.org and we can discuss your specific situation.
How about if both have been living abroad since they got married? We do not have conjugal property. We were just married in Philippine Embassy? The only thing we have as married couple are the marriage certificate from Embassy and Report of Marriage in PSA.
At least one of the spouses has to fulfill the residency requirements or else the case won’t be allowed.
Hi Atty. Which is the best way to file, divorce here in the US or annulment in the Philippines ? I am now in the US as J1 Visa but I am married in the Philippines. We have this long time problem as a couple and I need to end this issue. Thank you.
If there are grounds, you can file for annulment from abroad. The case would have to be filed in the city or province where your husband resides since you yourself do not live in the country.
Good job atty Francesco Britanico. So how many months does it take for Nullity of marriage? What is the total cost? What about recognition and agjudication in local RTC for foreign court Nullity, how long will it take?
If you mean recognition of foreign divorce, this is usually completed more quickly than annulment so long as the evidence and documents are complete and the legal requirements are met. About a year and a year and a half was a fair estimate before the pandemic.
How long annulment takes depends on several factors such as which court it is filed in and what the grounds for the annulment are, but about two years at the the trial court is a reasonable estimate.
Note though that it is simpler to prove the case for recognition of foreign divorce than annulment.
Can I get a lawyer here in Japan ?how much is the cost?
This partly depends on the grounds for the divorce, the evidence available, and where in the Philippines your spouse resides since that is where the annulment case must be found.
We will need to know more about your specific situation to advise you. We will be happy to answer your questions if you contact us through our form on https://lawyerphilippines.org
What if we do not own a house? We just live on our parents house, sometimes in his parents house, sometimes on my parents’ , what proof of residence will I submit? How much is the cost of annulment? Thank you
Utility bills, the certificate of residence from the barangay with a sketch of the street address/location, and the lawyer’s attestation are among the proofs of residence.
Costs can depend on the facts of the case, the place where it must be filed, and the grounds for annulment.
How can I get a lawyer to file for me back home I’m residing in Hong Kong at the moment
Hi. We will be happy to discuss your situation if you fill out our form on the homepage https://lawyerphilippines.org