There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by Filipinos, are recognized under Philippine laws. [See also: Judicial Recognition of a Foreign Divorce Decree and Mixed Marriages and Divorce]
Would it make any difference if I marry abroad where divorce is allowed?
No. Filipinos are covered by this prohibition based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce). Discussions relating to Overseas Filipinos or OFWs are transferred in Part V.
Is “annulment” different from a “declaration of nullity” of marriage?
Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place. [See Grounds for Annulment of Marriage and Grounds for Declaration of Nullity of Marriage]
Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.
So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?
For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.
What if no marriage certificate could be found?
Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present.” (Citations omitted)
Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?
Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas. [See also How to File a Case for Annulment in the Philippines while Abroad]
What are the grounds for annulment?
- 1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
- 2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
- 3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
- 4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
- 5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
- 6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
[See also: Grounds for Annulment of Marraige]
What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?
Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.
How is “legal separation” different from annulment?
The basic difference is this – in legal separation, the spouses are still considered married to each other, and, thus, may not remarry. [See: Steps / Procedure in Legal Separation Cases]
Is legal separation faster than annulment?
Not necessarily. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation.
What are the grounds for legal separation?
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The term “child” shall include a child by nature or by adoption.
[See also: Grounds for Legal Separation]
Should I file a petition for legal separation, can I use my own sexual infidelity as a ground?
It is interesting to note that among the grounds for legal separation, as listed above, only “sexual infidelity or perversion” is not qualified by the phrase “of the respondent” or “by respondent”. This may give the impression that the sexual infidelity of the petitioner, or the one who filed the petition, may be used as a ground in legal separation. We must consider, however, that legal separation is filed by the innocent spouse or the “aggrieved party” against the guilty spouse.
What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?
This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:
- 1. Consent.
- 2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
- 3. Mutual guilt (both parties have given ground for legal separation).
- 4. Collusion (to obtain decree of legal separation).
- 5. Prescription (5 years from the occurence of the cause for legal separation).
If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?
No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry. [See also: Can someone remarry without going to court due to absence or separation?; and How Many Years Before a Marriage Becomes Void in the Philippines]
What are the grounds for declaration of nullity of marriage?
1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).
2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).
3. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.
[See also: Grounds for Declaration of Nullity of Marriage]
Please note, however, that there are still other grounds to declare a marriage as null and void.
——————
Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.
Dear Atty,
I would like to inquire abt the bigamy case. My cousin has remarried before his first marriage was dissolved. Now his second wife got into trouble and got a fight with her friend about a certain loan. Her friend wants her to shoulder the loan or the money that was missing and they told her that if she do not pay that they will file a case against her and will definitely petition a bigamy case for her and my cousin. Threatening her that they can easily issue a warrant of arrest because her friend is an attorney and has access to most city halls and nbi. How will that be possible? They are both scared, scared enough to come to work because they know that somebody might just catch them and arrest them.
Atty posible po Ba na mapawalang bisa Ang kasal nmin Ng dati qng Asawa .kasal po Kami Sa civil at nagpakasal po xa Sa Muslim Sa ibang babae .
Revenge Your Ex
Each day hundreds of men and women seek revenge on their ex-mates for a
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Revenge comes in many ways. It typically starts by using social media to
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So what is the best way to get revenge besides slashing her tires, posting
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The best way according to the web site Right Choices 101 is to live your
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I will never forget one of my first clients we took to Saint Petersburg,
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I personally went through break up when my ex ran off with another man. But
a short time later, I met a new lady who was ten times better. I ran into
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when you win without lowering yourself.
Other sites like “Get Over Her Now” give practical advice and tips for
getting over a past relationship.
Top Tips from Get Over Her Now:
Start making platonic relationships with as many women as possible, old,
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seeking revenge, how great could she really have been in the first place!
Thank you!
Sml?
Atty. Ask ko lang po. Pwd ba ako makafile ng annulment or separation sa partner ko. Na sa nabasa ko po sa mga grounds sa case i think hindi ko ma meet. May possible pa ba na ibang dahilan na pwede kung magamit para sa sitwadyon namin.
Hi Mary Rose. Hindi namin masasagot ang iyong katanungan dahil kailangang malaman ang mga facts at tingnan kung pasok sa ibang mga grounds. Good luck.
atty if the parental advised is fake and the license of marriage is issued before three months, does the marriage is void?
If the decision of the filed annulment case is already declared Null and Void. How will the defendant know? Does he need to have a copy of it? What will happen to the defendant?
ang aswa ko po ay isang japanese. before we got married here nag divorce sila ng ex wife nya sa japan pero kinsal cla dto sa pinas. valid pa ba ang kasal nla sa pinas? nksal nmn po ako ng maayos sa knya wlang naging problema. in terms of conjugal property may bahay po kming ipagawa, may habol po ba ang ex wife nya sa bahay na nakititulo sa pangalan ko in case something bad will happen to my husband?
emcoluk, foreigners are governed by their own laws when it comes to divorce. As long as they validly secure a divorce outside the Philippines, the divorce decree is respected under Philippines laws.
kpm, I’m terribly sorry; please read the “Terms“. In the near future, we may be discussing preliminary investigations, warrantless arrests and inquests in criminal cases. You might see the answers in that post. Thank you.
If two foreigners marry in the Philippines and then obtain a divorce outside the Philippines…is this divorce recognised under Philippines Law
attorney,
is there such a law where a married woman can buy a property using her maiden name? will it be still considered ‘conjugal’?
tnx
Rwan, I’m not aware of any. On the other hand, a married woman is required to use the family name of the husband. The extent by which a married woman may acquire property under her own name largely depends on the kind of property relationship legally established during the time of marriage. Beyond that information, I suggest you consult with your lawyer since we’re prohibited from giving any legal advice in the absence of atty-client relationship. Of course, something could be done to achieve your goal and I trust your lawyer knows it.
Good luck!
attorney fred, i need your advise regarding for legal separation and annulment, i want to marry again the girls who love me in true , im already separated around 3 years so i want to clear my statues , what should i do ? im waiting for your response thank you and more power God bless…
Dear Atty. Fred,
I’m separated for more than 11 yrs. now. but not legally. He doesnt support our kids. I try to contact him to ask to support now for our kids, but all the contact numbers are not reachable. Can I file a case to him, coz Im working as an OFW. I want also to file for annulment. Please help. Looking forward for your response. Thank you.
Edward.
File an annulment case so that you can be remarried again.
in addition to what i wrote, i got married in 1997 and got separated in 2004. the father of my 9-yr old son and i have no communication since then (no child support, etc which is not the issue). i’m planning to buy a house & lot but wonder if i can use my maiden name. and of course, i don’t want him to have a ‘share’ with this in case i file for annulment in the future.
tnx again
Attorney Fred,
Could that be a valid ground to file for a petition of declaration of absolute nullity of marriage? Is that certification an enough and valid proof that we don’t have any marriage license? How long will it usually take for such petition in family court? How long does it usually cost? Should I really need to wait for the court’s declaration before I could get married? Please help me. Thanks.
Attorney Fred,
Is there a way to file or get an annulment eventhough the wife doesn’t appear in court? Are there documents that needs to be signed by the wife in the process of the annulment? What if she doesn’t agree to sign? Is it still possible to continue the annulment? Is the divorce decree enough to finalize the annulment?
Atty. Fred,
Should an annulment be granted, can a church wedding be possible? Thank you for your time. I’m looking forward to your response. God bless.
Atty. Fred,
In my case, can I file a annulment because during my 10 years in marriage we don`t have a child just because of her incapacity . Currently i was in love with other woman and i want to marry her.
Thank you
Ed
Atty Fred,
Will the Philippine court still recognized the divorce even the wife is neither a US immigrant or citizen?
Guys, sorry for the delayed reply, there were technical problems with the blog. First off, please understand that we are prohibited from giving legal advice in this Forum, so you may notice that we have declined from answering some of the questions. Nevertheless, as to general matters, here are some notes that may hopefully point you in the right direction.
1. As discussed somewhere, it is indispensable, for the purpose of remarriage, to seek an annulment or an order declaring a marriage as null and void. Ckeck with the NSO if a marriage certificate is on file. There’s such a thing as a CENOMAR or a “Certificate of No Marriage Record” (read here).
2. A decree of annulment may be issued without the other party appearing in court. In fact, the signature or appearance of the other spouse doesn’t mean that the petition will be granted. The other spouse may choose NOT to appear, which is the reason why the public prosecutor is under obligation to check if there’s no collusion between the parties.
3. There’s a requisite dispensation before someone whose marriage had been annuled may get married again in church.
By the way, angel_jasmine, I can’t understand your question. Please clarify.
Good luck to everyone.
hi I just want to ask kindly if a lady separated from ex husband more than 7 years there is no relationship anmore after legal marriage in Philippines and than the lady converted to Islam from chruschinty now she is muslim and can she remarry to Muslim man legally if she will do this so about Philippines law thanks
Hello sir.
Just wanna ask that I’m separated for 15 years and I don’t have any contact on him.
Can I get married again
Hello mam..you can married again when you are still married from ur past unless you filed an annulment case. If you have more question to asked you can pm me in my fb account.sandy boncayao
Atty hingi lng po ako hiwalay n po ako una ko asawa for almost 9 years po last 2007 nagfile po ako ng annulment sa court sa phil.last 2011 pero di po yun natapos sa ngayon po ay australian citizen n po ako plano ko po magfile ng devorce sa x wife ko po dahil may sariling pamilya n po ko d2 at gusto ko po maging legal n pagsasama namin ang tanong ko po kung magrant po yun devorce ko sa kanya pwede ko din po maging basehan e2 para magrant na din po annulment namin
Atty.Fred
i have afriend that had a live in partner who’s been married before, they were separated 5 years ago, but not legally separated or annuled when they into their relationship.the reason of the separation was the wife’s infidelity. .they have a son , and the wife want to petition their child because she was living in states and already an american citizen.wala na din sila communication except sa child’s need. pwede na po ba sila magpakasal ng friend ko though hindi pa annulled?
may mga property na ipinangalan sa friend ko.in case there will be circumstances happen , maki claim ba yon ng ex nya??
sir hingi po aq ng advice 2015 kinasal kmi ng husband ko kasi nbuntis po aq 3mons old npu yung baby ko nung kinasal po kmi tapos po pktpos po g kasal nmin pmnta po kmi sa lugar nila ntuklasan ko po my pamilya pla sya nauna my dalawang anak npu sya sa lugar nila ..d ngsama parin po kmi tumagat po 2 buwan wala po sya trabaho inom dito inom doon halos umaga npu nauwe sa bahay nkatira po kmi sa bhay ng magulang nya so iisang bubong lng po kmi hndi po sya ntrabaho umaasa lng po sa mama nya hnggang umabot po sa punto kpag nkainom o lasing bigla nlng po aq sinasaktan kasi nsa influncia ng alak po..hnggang po ulit aqo umuwe po kmi dito sa probinsya family ko 6mons po yng tyan ko hnnggang nanganak po aq last year po 2017 umalis po asawaq ng ofw po saudi january nito pong taon ok nmn po komunikasyon nmin pero po pgdating feb pwala wala na po pero po buwan buwan po npdla budget ng mga bta 5k a month hangang nlaman ko nlng po my babae npu pla asawaq duon iisa kng sila sa xompanyang pinapasokan nito pung buwan msmo pung sa babae ko nlaman n my relasyon po tlga sila ng asawaq ..hnggang ngayon po block po aq ng asawaq lhat ng kontak..yung bbae npu nkkpg komunicate sakin sa gnito po bng sitwasyon pwese mpwalang bisa kasal nmn ng asawaq kapag mgfile po aq ng annulment slamat po pleazs reply me attorney
Thanks for the reply atty. fred but I’m still confused.
So are you saying that eventhough the wife (currently in America and has a divorce decree herself; neither a US immigrant or a US citizen) doesn’t appear in court and doesn’t sign any document in the process of the annulment, the husband can still acquire a decree of annulment? On what grounds can the petition be granted? how long does it normally take?
If the husband has a copy of the divorce decree, can this be used as a strong evidence that can expedite the process of the annulment? Does the phil. court recognized the divorce decree as legal eventhough the wife is not a citizen of America?
Can the wife, eventhough not yet annuled, get married in America to a US immigrant? or does it have to be a US citizen to completely consider the previous marriage null?
Does the wife have the right to have a copy of the annulment decree eventhough she didn’t do anything in the process? What does she need to do to obtain a copy? where?
I would appreciate your response.
Continuation…
That is, if in case the husband doesn’t want to give the wife’s copy.
Jasmine, yes, it’s possible to secure an annulment or a declaration of nullity even if the other spouse does not appear or sign anything. As I mentioned earlier, this is the reason why the public prosecutor is under obligation to check if there’s a collusion between the spouses. Please read again this article, because the grounds are discussed in it. In my estimate, the average length of time is 1 year, and it may be shorter or longer depending on the circumstances.
As long as the spouse seeking the divorce is a Filipino (a former Filipino is an entirely difference matter), any divorce decree issued is not recognized under Phil. laws.
For your other queries, please check the other articles. You may use the search function the right sidebar.
Good luck.
Gudpm attorney
My katanungan lang po ako married sa pinas ng forigner tapos ngdevorse sa forigner country pano po ifile dto sa pinas ung annulment dhil wla nmn devorce dto pa reply nmn po ako
Hello cat. Kung nakapagdivorce na sya pede ire cognize dito sa pinas.pm me in may fb for more info po.sandy boncayao
Hi sir.. i dont know if active pba tong blog mu .. pero i hope na sana active pa ..
Minabuti ko ng magreply sa message mu po bka saking mapansin mu ang katanunangan ko.
As u said above.. if the marraige is void from the very beginning thers no need to file to the court?
Would that mean na pwede ng magpa kasal anytime ..
I have a gf and they have been in a void marraige since then.
What happen is this.. theyv got to both signed a marraige contract that has no civil registrar no. Wc is not a legit paper .and shes 16 yrs of age back then.
She uses single status on all of her documents. She also able to get a CENOMAR at civil office..
Atty. Fred sir.. masasabi nyu po ba na pwede na kmi ikasal anytime we want..? If yes .. my question is.. how about the father of her children .. may karapatan po ba sya na mapigilan ang gf ko na ikasal ulit and this time in a legit way..
And sir .. theyre living in a same house right now . And kinakausap ko gf ko and she said gnagwa nya yun para sa mga anak nya ..
Theyre living together ever since po.. but now we are deciding to be married .. is this possible sir Fred..
I hope u may consider answering my querry. Thanks in advance and more power to ure career.. i adore your intentions of helping us to get aware of some legal matters such this.. ????
atty,
with regards to ur jan27 reply to my msg, can i at least register a property (should i buy one) under my 9-yr old son? how does this go?
tnx again
Rwan, in general, minors must be represented by parents or guardians. In other words, contracts (and the subsequent transfer) are signed by the parent or guardian, in trust for the minor. However, please don’t take this as entirely suitable for your purposes, because there may be other concerns that I don’t know of (besides, I can’t possibly go into those details).
Good luck.
Sorry I think I have post this question to a wrong window/topic.
I would like to inquire about the role the state regarding filing a bigamy case. Can anyone file the charges if somebody they know commited the crime? A family member of the spouse or friend?
hi atty,
got a question if an immigrant divorce his/her partner outside the philippines and after a year became a citizen does the divorce decree applies here in the philippnes and does his/her betterhalf can remarry again? thanks!
Isn’t it true that a legal separation in the Philippines involves everything a divorce does in a western country except for the fact the couple cannot remarry…thank you
k_pm, under the Revised Rules of Criminal Procedure, the following crimes must be initiated by the offended party: adultery, concubinage, seduction, adbuction, acts of lasciviousness, and defamation consisting of imputation of these offenses. You will note that bigamy is not one of them.
ishin, if I remember correctly, an immigrant does not lose his/her Filipino citizenship. As repeatedly mentioned in this blog, a divorce secured by a Filipino citizen, as a rule, is not recognized here.
emcoluk, I’m not sure if legal separation, vis-a-vis divorce in a western country, involves “everything” other than the capacity to remarry. Still, I’m not aware of anything that differentiates it other than the capacity to remarry.
So in other words, Bigamy crime cannot be filed by anybody except the offended party, and that is only the wife. Thanks for your prompt response and help to clarify things.
Dear Atty,
Will a marriage in Hongkong be valid? Will the US Immigration accept the validity, and will they check with NSO about previous records of marriage in the Philippines?
indoubt
indoubt, as you may have read from the article above (and other articles in this blog), a second marriage is null and void, as long as there is a valid subsisting first marriage. This applies to all Filipinos, wherever they are in the world and wherever they may contract the second marriage. As to whether US immigration checks with the NSO, I’m really not sure.
Hi…Not sure if am posting my question in the right place. But here it goes – got married in the US in 1999 to a naturalized US citizen. We had a son born in the US. Things fell apart – i left for the Philippines; still a filipino citizen- with no US visa and no means of going back to the US. 6 years later; i want to re-marry in Church and currently trying to get a divorce. However, this is what they are telling me: The court may require me to appear in court since my son will be residing in the Philippines here with me and i will have full custody. My hopefully- soon to be ex husband has agreed to all the conditions… Here is the dilemma that the paralegal in the US sent me:
Another complication is that your son lives in the Philippines, so there is a question of whether or not a Nevada court has jurisdiction to grant you (a non U.S. citizen) sole physical custody of your son. If you read the attached link, it will explain that the Philippines has jurisdiction of any U.S. Citizen child residing in the Philippines because they are not party to the Hague Convention Treaty. Therefore, a Reno court might not be willing to issue an order regarding custody of your son. See http://www.international-divorce.com/ca-philippines.htm
Now, i know i can file for dual citizenship for my son – i am a filipino citizen and his father was born here as well… I also checked with NSO and am still ‘technically’ single – we did not register our marriage to the Philippine consulate.. is the marriage valid? Can i get married w/o having to wait for the divorce decree? The only problem i am foreseeing is that i have plans of migrating to the US.
Help…
Hello.
I have been talking and getting to know a philippino lady now for almost two years and now we want to be married. The confusion here for me is. she states that she was married over four years ago and marriage was annuled. She has one 10 year old son. That the father wont let leave the country yet. I need documents that show she is legaly annuled and able to marry again .. She seems or dont know how to obtain this information. I have read many things on the net about annumlents in the philippines and i am still unsure how to find out this legal information that she can legaly marry me. She has no idea how to obtain or find this information.. I am unsure if this is true however as i see you have to go to court to get a declaration of annulment (how it seems to me) Anyone have any ideas on helping me with this information.. Shouldnt she know were to go to find this or have a letter to show this?
Thanks for your time and help if you are able to give me some insight.
Path
Unlearned, please read the answer here.
Path, the fact of annulment is reflected in the record with the National Statistics Office (NSO). The more cumbersome way of doing it is to ask which court and branch that issued the annulment decree, and to request for information there.
Good luck.
Dear Atty,
When a person is legally separated, is he/she allowed to co-habit with another without the threat of being sued for adultery?
Ian, under Article 63 of the Family Code, legal separation has the effect, among others, of allowing the spouses to “live separately from each other, but the marriage bonds shall not be severed.” In other words, the obligation of mutual fidelity remains. If any of the spouses remarry, that spouse is liable for bigamy. They are also open to a charge of concubinage/adultery, as the case may be.
Hi Atty.
May possible po ba na makapag divorce kami ng ex husband ko sa pilipinas.. Foreign po sya kasal kami sa pilipinas civil po… Ano po ba ang dapat gawin para mapasawalang bisa ang kasal namin.. Salamat po.
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My brother got married a few years ago and 3months after their civil wedding, his wife was granted a work visa in the US using a different name. Three years later, (after having no communication at all during those years),his wife called and told him that she wanted to file an annulment. When they learned the expenses of getting the annulment and to save the expenses, she said that its better that he just find another woman to marry because she no longer wants to save their marriage and for him to refrain from doing anything to let his wife be deported back to the Philippines since my brother has a plan of doing that. Since my brother has a girlfriend of 1 year that time, and was depressed of what has happened to his marriage, and cannot do nothing to let his wife go back, he married his girlfriend instead without knowing that he could be charged for Bigamy.
A year after, When one of his 1st wife’s best friend learned about this, she got mad and told him that she will file a legal complaint so he could be charge for a crime. My brother now wants to pursue an annulment by PAO because he cannot afford the legal fees for annulment and hire a private lawyer. His wife contacted him last January and told him not to worry because she will not file any complaint against him.
My brother has some dispute with his 1st wife’s bestfriend and told him that to get even with him, she will pursue filing a legal case against him. Can you give us legal advise on how he can straight things out? I pity my brother for getting into this kind of situation.
Mommzy, I’m sorry to hear about your brother’s predicament. I’m a bit allergic to the phrase “legal advice”, which you are seeking here, because that is prohibited without an attorney-client relationship. As I repeatedly noted in this blawg, legal advice is not dispensed in this Forum. So, I have to apologize if I can’t give any. Nevertheless, I hope this related article would give you some guidance:
http://pnl-law.com/blog/effect-annulment-criminal-case-bigamy/
Me and my spouse was supposed to get married on June 21, 2000 but the judge was not available then so the court clerk rescheduled us on June 22, 2000 for the ceremony instead. One of the two sponsors/witness or Ninang was not available though the following day June 22, 2000 so she just signed in the marriage contract on June 21, 2000 and never appeared on June 22, 2000. On June 22, 2000, the judge married us even if there is only one sponsor/witness or ninang present since the other sponsor/witness/ninang already signed the contract a day before. Is this ok? Can i use it as ground to nullify my marriage?
Dear Attorney,
MAN secretly married A when they were around 22. A’s parents were not aware of this so I don’t know if things had to be forged. MAN and A never lived together but marriage was consummated. They haven’t had contact in years, they’re both 30 now. MAN married D when they were both over 25, thinking since he and A have lost touch for 7 years, it’s OK to remarry. D knows he was married before. MAN and D are both poor and doesn’t know where A is and what her situation is.
Questions:
1. Isn’t marriage to A automatically considered void because A’s parents were not aware of this marriage? Do they still need to go through the courts?
2. Will MAN’s marriages both show at the NSO assuming both were filed by the responsible party?
3. Does D have potential legal liability?
4. I think MAN and A both have strong grounds for annullment but what are the MAN’s options given that he is basically penniless and has no contact at all with A?
5. How can MAN check if A filed an annullment or out of country divorce?
Thank you!
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
Atty Fred,
I am sorry for asking legal advise as I was not aware of the terms you had. Will you be able to help us in any way for him to start straightening his situation? We do not know whom to go first for he doesn’t know how to get started and fear that others may used it against him. Is there a possibility that his first wife’s friend filed a complaint against him even if she is not the offender herself and used this for her personal revenge?
I hope you can still give us guidance and help us in any way you can. Thank you!
Walang Alam, I’m sorry I can’t give any opinion on your circumstance, and the reason had been repeatedly stated. In general, however, please note the following provisions of the Family Code:
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35.
A defect in any of the essential requisites shall rende the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Now you know that the presence of witnesses is a formal requisite. You have to study if the absence of one (or both) witnesses is merely an irregularity.
Queenie, the scenario you mentioned is riddled with problems and liabilities. I strongly recommend that you consult a lawyer of your choice. There are some free legal aid groups out there, in case the MAN is penniless.
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
Mommzy, I hope you’ve read the article (and the comments) I included above.
FROM JOYUIE24 (Mar. 20,2007)
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
FROM ATTY FRED:
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
FROM JOYUIE24
First of all thank you po sa reply and sorry kung magtatanong po ako ulet kc medyo confused na tlaga ako.
The Ex-Wife who filed the divorce is a former filipino tapos nasa processing plang un citizenship nya nun nag file sya ng divorce so na-approve naman un divorce nila, During the processing of their divorce possible na Filipino Citizen pa rin sya kc immigrant pa lang sya nun. So, nun na approve un divorce nila Filipino Citizen pa rin sya. Kinasal cla sa Pilipinas ng Filipino Citizen pa sya at un lalaki ay US citizen na. So, ask k lang kung applicable ba sa kanila un Art. 26 par.2 pag applicable ibig sabihin pwede kame ikasal sa Pilipinas ng US citizen na asawa ko na ngaun?
If ever pwede, nakita ko sa NSO na pwede mag file ng Dissolution Of Marriage. Hindi k nga lang alam kung pano mag file or i-declare sa kanila un divorce decree. So kung cno man may idea pls help nmn..thank u in advance ulet…
What happen to my request that I put in to this forum on March 11,07 on the Subject of Seperation for Over 17 years Is their a law that the time spend of seperation is time serve for the one year period for the time required by law for annulment: I gave my e-mail address with an essay of the subject matter at hand .
Why wasn’t I contact for an answer?
What happen to my essay?
Dear Sir,
I am currently engaged to a woman that was born in the Philippenes, but her father was in the US Army and on the birth Certificate is states, “US Citizen Born Abroad.†She made a mistake and got pregnant by a Philipino man and they got married 2 days before she flew back to the United States and had her baby. The father sends no support, nor can be located and the rumor has it that he is with another woman now. We have seeked legal counsel and they are not sure, but as far as being under the laws of the United States she can supposedly file for annulment and or divorce for this terrible mistake she made. Sir, can you please help us find a solution to this problem, because we are so in love and want to be together as husband and wife forever.
Thank you sir,
TerryMD
Dear Sir,
I forgot to add they were married by a judge and nobody knows of this marriage except the 3 of us and what maybe on file there in the Philippenes. They seperated following the secret ceremony that day and have never spoken since which has been over 18 months ago.
Is it legal for her just to file for the divorce and or annulment here and send the court documents to the place the secret marriage took place? What about when we come to visit her family there, will the annulment and or divorce be accepted under the Philippine law?
The man who she mistakenly married at the last moment before coming back home to the united states has a violent past history of beating her and possible criminal background that she is not sure about, but he did get in numerous fights all the time there and is the type of man that would not be civil in anyway form or fashion if we came to visit there in around 4 years and he finds out that his son is now my legally adopted son in the united States. Would he have any legal grounds to dispute the adoption? I doubt we will ever here from him again anyway and any man that would not send any support, gifts, or letters to his son is not deserving to be a father in the first place in my opinion.
She was just young and made a horrible mistake, but have such a wonderful baby in this world that I have took up as my own and provide all the money to take care of him and treat him like my daughters from a previous marriage while I was in the Army as well, which my new fiance and I met there while I was on a mission in the Philippenes 4 years ago and have been together for almost a year now, but have not married yet, but plan to very soon depending on the information you can provide me.
I hope you can help us sir.
Thank you again,
TerryMD
Dear Sir,
I just wanna ask if i will file an annulment who will be the one to pay for it? Me who file the annulment or him cuz his still married to me but his having a baby with another lady, which is adultery?
Thank you
Marizzz
Dear Sir,
I really need your help. I got married january 2000 because my gf got pregnat, she gave birth to our baby boy April same year. And during the forth quarter of that year I was assign in HKG for about 10months. 5 months later my mother in-law called me up and told me to go home for an emergency reason. So, I didn’t hesitate to go home even my contract is not yet finish. When I got home I found out that my wife was having affair with other man. I was very hurt and I feel insult mypart but, I have nothing to do. I let her do whatever she want. And from that moment I didn’t asked her to stop or leave the guy. I came to Cebu to my branch office and concentrate on my job. And I heared that my wife gave birth from the guy she’s leaving with. The baby is girl and now using a family name of mywife not mind. And 2002 I found a girl and until now we are in stable status. I wanted to settle down with this girl but the mere fact I am a married man. I plan to file an annulment with my wife, Is there a big posibility if I file an annulment case that our marriage will anull? Please help me.
Looking forward to your reply.
Thank you
Guys, sorry for the delayed reply…just busy with cases and the elections. Anyway, here goes:
Joshua, please read this post.
TerryMD, start with her birth certificate and/or passport, and check her nationality. Then read the related articles in this Forum, such as this one or this one. I’m terribly sorry I can’t go into any details of your query because that would be tantamount to giving a legal opinion, which, as you may have known by now, we don’t do here.
Marizz, under the rules, the petitioner (the one who initiates and files the petition for annulment or declaration of nullity) pays the filing fees. There are, of course, other alternatives…something which you have to discuss with your lawyer.
Aaaa1234, it really depends on the circumstances, something which I can’t pursue asking questions because of the absence of an attorney-client relationship (which is the reason why we can’t give any legal advice here). Nevetheless, in general, and as you may have read in other related posts in this Forum, infideliy is not, by itself, sufficient ground to annul a marriage. Many use Article 36 (psychological incapacty), but that is something that you have to discuss with your lawyer. Good luck.
Dark_kent, of course, both the petitioner and the respondent can re-marry. As to the procedure, please refer to the previous post on Steps and Procedure on Annulment and Declaration of Nullity of Marriage (click here).
Just want to inquire about the declaration of nullity of marriage .. If the petition for the nullity of marriage is granted the petitioner can still re-marry?
What are the procedures in the declaration of nullity of marriage and how long is the process?
Thanks …
Hello I have question I been married to a japanese national in 2001 then after that i lost communication with him in 2002, then 2006 i got a divorce letter from him , then I got remarried to an american in 2007 , the process i done in the divorce is the certificate I got from my ex is written in Japanese , so i go to japan embasy in manila and pass it and then they gave me a divorce certificate from then i get it authenticated in DFA , then in manila city hall , then city hall send copy to the local municipal which the married held, then the local pass it to NSO for me get a marriage certificate in my first marriage with the annotation on it.And after 3 months of waiting the NSO want me to go there in person , my question is that what could be lacking in documents for the divorce ? i thought in article 26 I am applicable since my ex husband is a japanese , do i need to get a court finality here coz the marriage took place here ? pls help me coz my petition is on process and I cannot get my surname change into new married name unless i get the NSO copy of my old Marriage contract with the annotation of divorce on it , If ever i will need a court finality how long it will take to get it?
I have friend here in Dubai. She’s single and fall in love with a married man whose wife is in the Philippines. I can see that they really love each other. But since the guy is married, they decided to wed in a muslim rites, meaning, they converted to muslim.
Since in the muslim law, the guy is allowed to get married as many as he can as long as he can feed his family.
They have now a baby and their relationship is still intact, getting better everyday.
The wife already knows about their relationship, at first she got mad but as time goes by, go on with the flow. She just told the guy that he needs to give something to their son monthly.
They guy still regularly go home in the Philippines every two years to be with his original family and come back to his family here.
Though everything seems fine, my friend is still afraid that one day the wife will just file a case against them.
My question is, is it possible that the wife can file a case to them?
what are the circumstances?
How about the baby of my friend, will she be legitimate?
My friend is already using the surname of his husband when she change her passport.
Please enlighten me, I want to help my friend…
Thanks
Atty. Fred,
I would like to know if my bf should get a divorce or annulment or both. We are considering a church wedding but we want to know the legal action we have to take.
He is a Filipino citizen who married in a civil rite in 1991. He and his wife separated after a year into their marriage. He currently lives in a foreign land and has been a naturalized citizen of that country for more than 10 years now. His wife is still residing in the Philipines.
What is the best step to take? Thank you.
Greetings in the name of the Lord!
I just want to consult you about separation or annulment.
I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?
Please advise… Thank you so much
I would like to seek a legal advise regarding my husband who is mentally incapacitated, can i file a legal seperation? We’ve been married for almost 7 years, having him treated at different hospitals in psychiatric department. He’s condition as per doctor’s advice is incurable, he’s suffering from schizophrenia. My son’s life and I tends to be sometimes put in danger. Is there a chance to have our marriage be null and void? Do i have to file a case for this? I was not really informed of his situation before we got married, it was just 3 days before the date of our marriage that i was able to feel somewhat unusual of his behaviour and his parents and sister just inform me that he’s just suffering from a nervous breakdown. After we got married, i was not convinced with their opinion and I together with my husband consulted the help of a psychiatrist only to find out that he’s condition was incurable and requires lifetime treatment.
Irene, please check the discussions in this related article (click here).
Jen, I’m terribly sorry that I can’t give you any legal advice, which is what you seek. We’re prohibited from doing so. We only give legal information, not legal advice. Anyway, there’s a discussion about that in the “comments” in a related article (click here).
Myagem, I guess your question is sufficiently addressed in the article. Please check the portion on Article 26 of the Family Code. Good luck.
Macel, there’s no such thing as an automatic annulment of marriage, at least as far as the Philippines is concerned. In fact, even if there’s a ground for annulment, a court order must first be secured for purposes of remarriage. Further, note that there is a distinction between de facto separation (or separation in fact), and legal separation. Either way, you can’t remarry.
Jannette, like the case of Jen (above), I’m terribly sorry that I can’t give you any legal advice. Nevertheless, if you look at the grounds for annulment in the article, there’s a provision on insanity; note the proviso. I suggest you use the search function at the right sidebar.
Greetings!
I was married for about 6 years but after giving birth on the first year of our marriage i immediately worked abroad until now.We have 1 child who is in the care of my parents and sometimes of his family but right now My husband is already living with another woman and has already 1 child.Can i possibly be granted an annulment in case i file one?Can i eventually remarry?Generally, how long does an annulment process take place?
Hope you can help me with these.
Thank you so much and more power!
Godbless!
Eve, if your petitition for annulment is granted (just like Josie), then you’ll be able to remarry. As to whether there are sufficient grounds to support your petition, that’s something you should properly discuss with your lawyer. Just note the general guidelines discussed above and in the related topics in this site (like this or this; please see the right sidebar for more information)
Josie, as long as the procedure discussed here are complied with, there should be no problem.
Genesis, the case is generally filed where the petitioner is a resident for the last 6 months (please read here). It could last an average of 1 year, but it may be lesser or more depending on contingencies. The cost depends on your lawyer.
Good Day Atty. Fred. The court has already issued entry of judgment and in fact i have already registered the document to family court, place of marriage and NSO that certifies marriage was declared an absolute nullity. All i need is the decree to be registered in same manner. Can my fiance and i get a marriage lisence already for our planned wedding?
my annulment lasted one year and 2 months only and i spent 80k only
Hi Atty. Fred,
My marriage was done in negros. If I’m going to file an annulment it should be also in negros? How long the procedure and how much the cost?
Hi Josie,
In what province you filled your annulment case? Is the 80k net/net total amount spent? or only for your lawyer? Please help. Thanks
Genesis,
we were married in cebu but i stayed in Iloilo for 3 years before i filed the annulment. 80k was the gross because our ground was absence of a valid marriage lisence. which is why it was faster and lower cost.
hi i hope you could help me out. Im married for five years and has five kids. I wonder if my reasons woud be valid enough for legal separation.
year 2004 – my wife went abroad for neary a year. when she came back, i learned that she had an affair abroad, and she admitted that they had sex every chance they had. She wanted to step out of our marriage then but i struggled hard to save our family. if hadn’t got her pregnant then with our 3rd child, she must have gotten back abroad to live with her other man. since then, our relationship had not been the same. we fight everyday, it was totally tiring.
few months after she gave birth, she flew abroad again. I can’t help myself from getting paranoid she might do the same thing again.
I had a relationship with a peer, and now she’s pregnant. My wife learned about this and went home at once. She keeps on threatening she will sue us. She even swore she would hurt the girl when she sees her so our baby would be put to danger. I still live with them, but our fights are getting worse. i feel she was getting more abusive. she’s violent, hurting me and living me scars and marks, but i never hurt her back.
just want to correct my statement. i have THREE kids not five. 🙂 sorry
Dear Atty. Fred
i just want to know what are the requirements for filing legal separation, what is the procedure (or the process)and how long it will take. is the legal separation will be reflected in the record with the NSO?
thank you Atty. for your reply, appreciate it.
helpneeded, I’m sorry to hear about your predicament. Since you’re simply narrating, I assume that you just want some venue to purge the matters that are bothering you. Good luck.
Dang, I’m going to post the rules governing petitions for legal separation (ok, posted already; click here). Good luck.
Dang, de facto separation is the mere act of separation between the spouses, without any court order. Legal separation requires a petition to be filed and approval of the court. In de facto separation, the property relations between the spouses remain, and each remains as an heir of the other. These are the basic differences.
Please click here for our contact details. Thank you.
Dear Atty. Fred
i have another question…can i still file or use legal separation even if i’m nine years now separated with my husband. And are you allowed to represent anybody in the court if someone is interested to hire your service and where they can contact you.
thank you very much again.
oppss…one more thing atty….sorry…. what is the meaning of distinction between de facto separation and/to legal separation.
thank you very much again.
I was married for 4 years now. I found out that my husband is having an affair with someone. They have been together for 6 years now. I have been a battered wife. I don’t know what to do right now. Please help me.
hi. im melissa..ive been married for almost 3yrs now..im an american citizen …i was born in the united states… im half pinay…i married a filipino.. in the philippines… but we seperated..and i want a divorce or annulment which ever.. wat do you think i should do? im not sure if divorce is recognized sa pinas.. if i file for divorce here would it be recognized sa pinas? please help me…. thank you
Dear Atty. Fred,
I married to a muslim in Pinas sa civil court. Pwede po bang mag-apply yong asawa ko ng divorce sa Shara’a Court kahit sa civil court kami ikinasal? at valid din ba yon sa NSO?
Dear Atty. Fred,
My wife and i filed a divorce in Dubai Court on November 2005 beacuse my wife converted to Muslim. After several appearance in the Court they granted our divorce. My question is, can i file for annulment in the Philippines due to difference in Religion? Is the divorce granted by Dubai Court can help us in speeding up the process of annulment?
Thank you.
Deat Atty. Fred,
I’m 9 yrs. separated from my husband (9 yrs. rin na walang financial support ang kids namin mula sa kanya). How can i get a Separation Certificate and where to go, i need a separation certificate para sa pag aabroad ko, isa kasi iyon sa requirements ng embassy.
Maraming Salamat sa ibibigay mo information attorney. God Bless!
Folks, may I make a suggestion: please use the “search” function at the right sidebar. Many of your questions are discussed either in other posts or in other discussions.
Blue_raven, I believe there’s are support or counselling groups for battered wives. They can help you. I’ll try to see if can some contact details.
melissamae, someone who’s born in the U.S. is not necessarily “half-Pinay”. If you retain your Filipino citizenship, then the discussion in the post may apply to you.
zradjail/Nap, I’m sorry but really can’t answer your questions because I’m not that familiar with Muslim law. I’ll try to give some insights when I get free time to research. Schedule right now is just loaded.
MariaContra, as stated above, your first question is discussed in the poast above and the related posts. On the other hand, the “Entry of Judgment” could refer to a judgment which DENIES the petition for annulment/declaration of nullity of marriage.
What if a couple, both foreigners, got married in the Philippines and after some years, unfortunately, amicably decided to have a divorce in their country were divorce is allowed, would this divorce be recognized in the Philippines?
The foreign spouse filed for divorce overseas and the Filipino spouse received a “Notice of Entry of Judgment”. Does this mean that the divorce has been granted? If so, does it also mean that the Filipino spouse is free to remarry and may not have to file for anulment?
Atty Fred,
nakalimutan ninyo po iyon question ko sagutin. How to get separation certificate because me and my husband are separated already for 9 years. I need a separation certificate but i dont know how to start and where to go.
thank you for your help attorney.
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?
hi! i ned advice pls…..i am an ofw, i havebeen amrried for 1o yrs and my family(my wife, kids)live in the hometown of my wife,thats why nobody told me that my wife is cheating on me,i work hard to give good life to them,until a friend of her told me about it,i aksed her i nshe confess, right now am working abroad coz i need to,tehre are loans that she made that i have to pay,i want for sure to have m yfreedo mand find someon wh osi worth loving legally,what will i do? will all my assets that i work so hard will be divided for between me and my wife?pls help me…can i remmary again?how long and how much will it cost?can i start filinng for annulment on adultery grounds while am stil lhere abroad>pls help me..
thank you
Atty Fred,
Is there a way that anybody can get a CENOMAR file from the NSO. This is with regards to my brother again who received a threat from her friend that as soon as she gets all the requirement and information she will file a bigamy case against him. Is is true that anybody can file a case by information to the court? How long will it be when they file a petition? Thanks and I will wait for your response.
CENOMAR
It seems that any person may request for a CENOMAR. Unlike a request for a birth certificate, application for CENOMAR does not require that the recipient be the owner of the document, or his relative. For online application, all the requester has to do is to supply the necessary details in the application form (i.e., name, date of birth, place of birth, etc., of the document owner), and that’s it. Delivery is on the way!
BIGAMY IS NOT A PRIVATE CRIME
Bigamy is not a private crime, but a public offense. This is saying that any person, not only the affected parties (i.e., first or second spouse or their relatives), who come to know of the same may file a complaint therefor.
PENALTY FOR BIGAMY
Under the Revised Penal Code (RPC), the penalty for bigamy is prision mayor. This means that a person convicted of bigamy could be sentenced to imprisonment that could ranged from 6 years and 1 day to 12 years in the maximum, and to a minimum term of let’s say, 4 years, on average.
NO PROBATION
Convicts of bigamy is not eligible for probation. Offenders sentenced to serve a maximum term of imprisonment of more than 6 years is disqualified for probation under The Probation Law of 1976.
TIME TO FILE AN ACTION FOR BIGAMY
The issue of prescription of an action for bigamy could be an interesting point of discussion, particularly if the action is filed by a third party.
But just to put the law plainly, the rule is, since the penalty for bigamy is prision mayor, an afflictive penalty, the action prescribes 15 years (Art. 90, RPC). This 15-year period starts to run from the day on which the crime is discovered by the offended party, the authorities, or their agents (Art. 91, RPC). Putting it simply, a case for bigamy must be filed within 15 years from the date of the discovery of the crime.
(I said the issue is interesting since the law does not seem to readily address a situation where complainant is a third party. I.e., How the 15-year period is to be counted? From the discovery of the offended party? Or, of the third-party? Hmmmm…)
Opinion only.
Caveat lector 🙂
My husband, a US Citizen who is born and raised in the USA and whose legal domicile is in Rancho Cucamonga, Ca, and I, a Filipina currently residing in the Philippines, had met and married in Okinawa, Japan in September of 1999. Our marriage had been registered both at US and Philippines Consulate respectively. In March of 2001, I went home to Philippines after knowing of my pregnancy. Little did I know that it will be the last time I will ever see my husband. In December of the same year, he stopped communicating with me. I can’t reach him by phone and he won’t respond to my emails. Later, I learned from a common friend that he had gotten a 17 year old army brat pregnant, and this fact was also confirmed by my father-in-law, who by that time I had a constant communication with through emails. A few years passed and my son is growing-up yet we haven’t heard from him nor have we received any child support, although I send him emails and pictures of our son from time to time. Then one day, I accidentally discovered his website with a link to his girlfriend’s site. I learned from her blogs that they had been living together since they went back to the USA in 2002 and indeed, had a daughter born about May of that said year. Also, they got married in July of 2007 in California and is now living in Arizona, yet, I haven’t got any divorce papers or any legal papers saying our marriage has been nullified or void. I’ve done numerous attempts to ask for divorce and/or be served my divorce papers but to no avail. My questions are:
a) Is there any way that he had filed for a divorce or annulment without me knowing it? How can I find out?
b) Even if I’m in the Philippines , can I file a case for bigamy and/or concubinage against my husband and how?
c) Can I also obtain help re: child support and custody?
d) If I file for child support, he might fight for custody, what are his chances of being granted the custody of our son after being a dead beat Dad?
e) Is there a lawyer who can help me with my case for pro bono? I don’t have lot of money right now and I am hoping that we can be able to squeeze a lot of cash out of him if we can be able to establish a good case.
f) Thus, this leads to the ultimate question: What should be done?
Thank you very much for taking the time to reply.
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?
Dear Atty,
Please could you advise me on the following:
J is a Filipina who was married to B a Filipino but separated from him. They have a daughter by their marriage. She never obtained an annulment.
Subsequently, in 1998, she married me, British, in the Philippines.
We went to live in Britain & she was granted British Citizenship in 2003.
J then admitted to me that she had not in fact got an annulment to her first marriage. This caused great friction in my relationship with J.
I have now met another Filipina with whom I wish to have a longterm relationship. She rightly insists she will not do so with a married man.
It seems to me that my marriage to J was null & void from the beginning.
How do I obtain a court order declaring my marriage to J as null & void? How long will this take? How much will it cost? Do I and/ or J need to be in the Philippines to obtain this?
I don’t wish J to run the risk of a charge of Bigamy. Is such a charge avoidable?
Also, I don’t wish her British Citizenship to be put at risk.
I am not seeking any kind of ‘revenge’. I just wish to prove that I am legally single so that I can pursue my new relationship.
Please could you offer me any advice? I’d be very grateful for a reply. Thanks.
needs help please,
I’m here in the US as lawful permanent resident,working on a state institution.I was married in the Phil. last Feb 1997 and been abroad since 2000.Due to unavoidable circumstances,i filed a Divorce on my wife in the Phil, and was Granted here in TX by virtue of default.I have 2 kids with her and gave them the alimony almost 900 dollars every month.She asking me if we can settle the score thru annullment so we can be both free and be legally single when i decided to go back in the phil for a visit.I don’t know the process on this and she told me she knows a lawyer that can help us as long i gave her the money to file for it.Does divorce be recognized on my case if i turned naturalized US citizen by next year?,And be allowed to remarry again here in the states?What should i do?
Dear Atty,
I have posted early in one of the forums but cannot find it that’s why I would like to post it here again.
I have a friend who was married to married man. She was told that he had his first marriage annuled but later on learned from he in-laws that no annulment took place. After having the courage to leave him, she left for abroad to work and after sometime got enough money to file for annulment. She filed in 2003 and was told that the court has given its decision and granted annulment to her. Unfortunately, the case still lies with the Office of the Solicitor General and its now been 4 years and the the Solicitors general office has not decided yet whether to appeal or deny the case.
My question is, if the court has already granted nulity why does the Solicitor’s General’s Office need to appeal or deny my friend of the final verdict? Can the court decision be used as a proof of annulment even without the decision of the Solicitor’s General Office? How long does this usually take to get the decision? Is there a possibility that the Office of the solicitor General deny my friend of the decision?
Thanking you for your time
Dear Atty,
Just a follow up question. What would be applicable to my friend? Annulment or declaration of nullity, if there is in fact a diffence in the usage? I have another friend who had an annulment but it only took 2 yrs. As I am reading in the first part of this page, it says that there should be court declaration for a marriage to be null and void so why does the Office of the Solicitor need to appeal on this case?
Much obliged
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single???
Atty. Fred.
Please Help!
This is the situation:
Woman A and Man A had a daughter even before they got married. Within their two years of marriage Woman A had an affair with Man B and decided to leave her husband (Man A), and took their daughter. Finally both parties sorted to separate physically. Until now Woman A is still with Man B and she is having his baby (5 months).
The question is:
Man A wants to file for annulment. What would be the possible grounds for this case? How long will it take?
gerghie, if you’re referring to a de jure separation, you need a court order. A petition must be filed in court.
MariaContra, as discussed in the articles in this site, our laws on marriage, in certain cases, respect and consider foreign laws. This “respect” includes a divorce secured by a foreign spouse abroad. However, the fact of divorce is NOT automatically recognized here in the Philippines. It must be recognized in the proper court proceedings.
Alexsha, I’m sorry, but I can’t give any legal advice with respect to the merits of your case. As to your other concerns, you may have glossed over the last Q&A above. The duration of the petition varies – it may take one year or less, and it may take more than a year. The cost depends on the lawyer that you’re getting. It may cost you around a hundred thousand.
Bitelnut, I suggest you go to the Public Attorneys’ Office (PAO) or institutions that provide free legal aid (like the IBP, or law schools that have legal aid programs). Please discuss your concerns with them, as there are definite remedies for each problem.
Enquirer, you may have noticed in this post (and others) that legal advice is not dispensed in this forum. I hope you understand.
Batmove, please read the article again, because your concerns are definitely discussed there. Please also check the related article on Annulment and Divorce in the Philippines (click here).
Kakay, I believe I already answered your questions in your other post. As to the difference between “annulment” and “declaration of nullity”, maybe you glossed over the discussion in the Q&A above.
Sweetest, please see the answer in your other post. Thanks.
hi there! i’m a single mother and i have a bf in the philippines which is still married but seperated already about 7yrs ago.My bf filed annulment last july 2006 and until now we still waiting for the results.It is ok to file a petetion for him as my fiancee eventhough he’s not annuled yet or we still need to wait until he gets annuled?Pls. help me im really confused i dont know how many more years to wait for the results of his annulment.
Jenron, it may be better to wait…unless someone can say it’s the other way around.
Shyne, in deference to a brother-in-profession, I’d urge you to reconsider your statement that your lawyer is not good. In fairness to him/her, he/she was able to assist you in securing a favorable judgment. I’d like to believe that he/she can answer your questions =)
Dear Atty,
I have the finality and the court decision na po for my annulment. What are the next steps? My lawyer is not good.
Also, I read in your post that I need to register the finality and the court decision to the court where the decision was granted and to where the marriage happened. AFter that whats next?
And ung sa NSO po. San pong NSO dapat iparegister ung annnulment? Where i got married or sa Main NSO?
Please advise. Thanks!!
sana nga po eh.. pero grabe sya.. he is not even professional when he is dealing with me. Pero I didnt have a choice since I signed him up. Prosecutor kse sya and he told me that he has a law ofc, pero un pala he just paid some lawyers to appear every time na me hearing. and I even told him about the new ruling on annulment that was approved last March 2003. He doesnt even know anything about that. Ang tanda na nya pero bastos sya makipagusap. I just need the Decree of Annulment from him. Other than that bahala na sya.
I asked him the same question and he doesnt know the answer. Hope you can help me. Thanks
My wife left last 1984 and since then I have never hear from her. I don’t know her whereabouts. All I know is she’s staying somewhere in Mindanao. I wanted to file PRESUMPTIVE DEATH OF MY ABSENT SPOUSE. I’m thinking of marrying someone, Is this the right course of action?
Thank you for the reply atty. Fred.My bf lawyer told him that its gonna take only less than a year at maaannul na daw cya,just pay the whole amount kaya binayaran nga ng bf ko the whole amount.Sabi ng lawyer mga 5mtnhs or 6mths maannuled na daw cya pero almost 1 yr na nagkaroon daw ng problem sa mga papers work.Sa palgay niyo ba atty. niloloko lng cya ng lawyer niya kc binayaran na niya lahat ang lawyer.Pls helps us nmn kung anong gagawin namin kung magpapalit nmn kami ng lawyer masasayang lng un binayad namin at panibagong hintay n nmn pls give us some advise naguguluhan na po kami…thank you atty. ilan taon ba talga ang kelangan hintayin para maannul?Pls reply
Shyne, you can read the answers in this article –
http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Deesian, it may or may not be the best option, depending on your situation. I’m saying this because legal advice, aside from the fact that it is not allowed here, is properly formed based on facts. This is done through discussions with your lawyer. There is a discussion on presumptive death in this site and I guess you will have an idea on the pros and cons after reading that article. Here’s the link –
http://pnl-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/#comment-7845
(I believe, though, that you’ve read that article because you have a comment there).
Jenron, as stated earlier, there’s really no fixed timeframe for a petition for annulment or declaration of nullity. It could take months or years to finish, depending on so many factors. What you could do is to ask your lawyer for a copy of the case file (you should have it in the first place), then go over it. You’ll have an idea what happened by reading your case file. Good luck.
Dear atty,
I hope u can give an advise to me. Im married until now but physically separated. I’ve been married to him last dec.2003. but before that we been living in together we have a daughter too. we just got married coz my daughter will start her kinder and my family wants us to get married. actually its a forced married coz my eldest brother thraten me if i dont marry within that year he will kick us in the house. they said its not gud to to look if were just living in.so we got married, after a year we got physically separated. he didnt support our daughter since we separate. and now i have bf and willing to marry me the problem is i dont know what grounds i can get to start the annulment. he has girlfriends to rytnow my brother met his girlfriends and told his girlfriend my brother is his cousin. atty, do u think i am capable of getting an annulment and if i do how much money do u think we will need. Hope u can advised me im very confuse and depressed. thank u so so much in advance.
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Atty.Fred
Good day!
im a filipina and im 29 years old now and have 2 kids,im already separated from my husband for almost going to 5 years now since december 2002.I planned to work abroad and i wanted that only my kids will be my benificiary already not him anymore,since we been separated he dont even make a move to reconcile with me or nor give a support for the kids not even a cent,im not looking forward from the support , i left him coz he wasnt working, he just depend from his parents and he still looking with other girls and i cant stay longer with him anymore so i decided to left him with my daughter and i was pregnant that time with our youngest at that moment ( december 23,2002)and go home to my parents.so now atty. im asking some help and advice do our marriage will be annuled?What i have to do about it. ….
hoping for your fast response about my problem.
Thank you and more power to your column.
Repectfully yours,
Celestine
Pinksoda, as to the support, there are remedies available to ask for support. If you can’t hire a private lawyer, please try going to the Public Attorney’s Office (PAO) to get assistance. You might as well discuss with them the facts to support your potential case for annulment / declaration of nullity. Your lawyer will have to assess the entirety of your story to see what ground you could use for the petition. I can’t solicit those facts because, as you may have noticed in the posts in this Forum, legal advice is prohibited here.
Pookybear, thanks for the kind words. The response for Pinksoda above also applies to you. I also suggest you read this article (as well as the related articles…you could check the right sidebar for “Related Posts” or use the search function in this Forum) –
http://pnl-law.com/blog/divorce-annulment-philippines/
Deesian, you can get the answers by reading this post:
http://pnl-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/
Good luck and God bless, everyone.
If my annullment through presumptive death of my absent spouse granted, will my subsequent marriage be null and void if my absent spouse reappear ?
hi atty fred! im an ofw and i was away for 3 years now.ive read that i can file an annulment eventhough im away.i dont have any communication with my x husb anymore for 7 yrs now and ive learned from a common friend that he had his own family now and had a kid.i want to know where can i file an annulment and how long will it take?how much am i going to spend?we had a son and my son lives with my parents back home.im supporting my son alone.thanks and hope to hear a reply fr u soon.more power and God Bless
Gezzy, your question as to where you could file the case is addressed by the last item in the Q&A above. You could also read this related article:
http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
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atty fred, my name is ann.both of us were muslims.and married in muslim rights.we were both agreed to get separated . and ask him to file for divose in USA. he’s been there for 7 years now. i wanted to go to USA and work there and get my own citizenship. my previous lost passport is with hes name on it. now i wanted to apply as single and changed hes name on my passport. is that possible?
follow up question: where can i file my judgment of absolute divorce? here in the philippines.
Annfrans,
There are a number of options under the Code of Muslim Personal Laws of the Philippines (P.D. 1083). This is not a legal advice and, of course, you have to consult your lawyer to determine which one is applicable to you.
1. Divorce by Ila (vow of continence by the husband). Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing (Art. 47).
2. Divorce by zihar (injurious assimilation of the wife by the husband).
3. Divorce by li’an (acts of imprecation). Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li’an). (Art. 49)
4. Divorce by khul’ (redemption by the wife). The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul’) from the marriage bond, petition the court for divorce . . . (Art. 50)
5. Divorce by tafwid (exercise by the wife of the delegated right to repudiate) (Art. 51).
6. Divorce by faskh (judicial decree). The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds:
(a) Neglect or failure of the husband to provide support for the family for at least six consecutive months;
(b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year;
(c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code;
(d) Impotency of the husband;
(e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family;
(f)Unusual cruelty of the husband as defined under the next succeeding article; or
(g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali.
Atty Fred,
I am 17 yrs separated to my ex Japanesse, one week after the marriage that we were together he went back to Japan because of his work, knowing as we planned I was to follow him there within 2 months as I was waiting for Immigration to approve my visa.
During that time I was suprised to recieve a phone call from him saying that he is no longer waiting for me as he had heard that in the Philippines papers are often fabricated for a cost, which he told me that the marriage is not legal, no matter that I told him the marriage is legal but if he did not want to be married to me anymore then he can do the right thing for me and come back to the Philippines and get an annulment so that I can be free to get on with my life and if later on I find someone special then I will be free to marry again, as I think that is the least you can do for me.
His response was its up to me as he is not interested and it doesn’t affect him since the marriage is not registered in his country, and with that he hung up the phone.
After sometime when I had calmed down from the shock of his treatment to the marriage i decided to try and talk to him again, but only to find out the phone number no longer existed, and he had moved. So after many months of trying to track him down without success I became so disillusioned that I gave up trying to find him.
The reason it is effecting me now is because I have met someone whom I want to spend the rest of my life with and as he lives in another country but has put his life on hold to come to live with me for 1 year as his Immigration states that the least you can have to move to his country is living together and marry within the 9 months the visa is given.
So as you can see after getting married and actually only being together for only one week under the same roof before he went back to Japan it has been a hefty price I have paid for the last 17 years and even more so now as I have finally a chance at true love and happiness which I think I am entitled to now.
Now my question is if I will file for abandonment which I have been adviced to do since it was him that left me, will I still get the same entitlement as an annulment would? meaning will it show the like to an immigration department that I am now single and free to marry as I need this to show so that I can go and marry my partner in his country?
Thank you for any helpful information you can give me as well as an estimate of how much will it cost for an abadonment, aswell as the cost of an annulment if need to be done that way.
Again thank you very much, hoping for your reply.
Yours Sincerely,
Dana Melissa
Atty Fred,
I would just like to ask two things, first is how long does it normally take for the judge to issue a decision on the annulment case (2 months, 3 mos.)? Second, what does it mean by the final decision to be reflected in a publication “of general circulation,” does this include national dailies or is it limited to notices posted in RTCs?
I am waiting for the decision of the RTC judge on the annulment case filed on me after receiving the notice last May 22, 2007 that the case I’m into has been set for decision. By the way, all throughout the case i have never made any single reply nor appear in any of the meetings and hearings since Oct. 2006.
Thanks very much in advance for the enlightenment on this regard, keep up the generosity.
White
Danna Melissa,
I’m sorry to hear about your predicament. Abandonment is a ground for legal separation, not annulment. Even if the petition for legal separation is granted, the petitioner CANNOT remarry because the marital tie is still legally existent.
White,
I couldn’t possibly give you a definite perod for a judge to “normally” issue a decision in an annulment case. It could be a month or it could be a year, depending on the court’s docket (and other factors). On the other hand, In case service of summons was made by publication, notices posted at the RTCs does NOT comply with the requirement that in cases where the service of summons was made by publication, the parties shall cause the publication of the Decree in a newspaper of general circulation (the summons is normally served on the respondent when the petition is filed, but is resorted to when the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry).
Atty Fred,
Thanks a lot for your reply, to follow up on my question atty, if I will file for an annulment what grounds can I use? by the way atty it was Sept 10 when we got married, we were suppose to get a marriage license in Manila City Hall on that day but the Rev who solemnized our wedding said before that we can get married right away at the same time we are getting our marriage license. the marriage license shown it was taken in Cavite dated November 11 can I use this as a ground for getting an annulment? if I am living in another country can I still file for an annulment from there? will you handle my case if in the future I decide to file for an annulment and could you please give me an estimate cost for this matter?
Thanks in advance atty I will look forward to your reply.
sincerely,
Dana Melissa
Red Rooster,
You may have overlooked the discussion in the post that for purposes of contracting another marriage, a previous marriage must be judicially declared as a nullity – even if that previous marriage is considered as null and void because of certain defects. In other words, you must file the appropriate petition in court. This seems rather absurd, I know, but the law is the law. As to the exact ground(s) for annulling your marriage, please discuss that with your lawyer as he/she would be in a position to render legal advice (I’m sorry if we can’t give any legal advice in this Forum, as this is prohibited). Nevertheless, tell your lawyer about the falsified documents, as this would be very material to your petition. Good luck.
Dana Melissa,
Yes, you could file the petition even if you’re abroad. Please let us know if we could be of any help in the future. Good luck.
Hi Atty,
Thank you for putting up this site. I’ve been online for many years now and I’ve searching for the right forum to seek help on my rather complicated sistuation. Hoping to get the right answer this time.
========== About my problem ===============
When I was down South of the country in ’93 finishing my short stay, I fell in love with a girl. I was 21 and she’s 19 that time. Despite my knowledge that she’s “an alaga” of a top ranking PNP official there at that time I hooked up with her.
I knew I will be sent home by my employer to Manila soon so I offered her “marriage” for her to escape her married sponsor (she’s a “PNP scholar” as I may put it.) Her parents didn’t know of our plans because they’re in favor of her sponsor. The whole townfolks know about my girl’s affair with her sponsor so the only escape is to marry somebody like me who is new and not from that territory.
She took my offer seriously and I was already trapped with my own silly plan. So she fixed our wedding on the day I’m finally set to leave. I thought she wont make in time to arrange for the civil wedding. She faked all the signatures and what have you to get the wedding done. It was a quick wedding and I took my plane.
When I arrived in Manila I was expecting a call from her but didn’t hear from her ever again. I gave her my contact number but not one call or letter.
I don’t know where she lives now (or then). Don’t know her parents address and don’t know how to contact her.
The record at NSO says I’m a married man. I tried contacting my “wife” on the address on the NSO photocopy of our Marriage to no avail.
How can I fix this? Our marriage for 14 years was not “consummated”, is it still valid? Can I marry my current girlfriend and assume no responsibility with my former marriage?
========== About my girlfriend’s problem ===============
My girlfriend now, married her boyfriend 4 years ago not realizing that the man is married to somebody else and has a child already. They separated on the same year that she found out about the first marriage and she did not file action against her ‘husband’ knowing that theirs can be consider null and void automatically without question.
Now she is being bothered by her ‘husband’ saying that his previous marriage got annuled.
Will theirs be automatically take over and become legal? What can my girlfriend do to win by technicalities?
Thanks for the help and more power!
Red Rooster
Atty Fred,
Again thanks alot for your early reply,
could you please give me what cost is involved in getting an annulment done so I can start to organise financially
your sincerely,
Dana melissa
Dear Atty.
Is it normal to wait for the final decision from the Sol Gen. having the decision of the court released from 2004 and until now the Sol Gen have not pass its decision with regards to my friend’s annulment case. My friend’s ground for annulment was that her former husband was already married and never been annulled to his first wife. She filed for annulment in 2003, the court granted the annulment in 2004 and yet the final decision from the Sol Gen has not been given yet, is this normal. What are the documentations for which my friend can ask from her lawyer to ensure that the later have trully filed the case and truly there was already a court decision for this.
Best regards,
kakay
Kakay / Dana Mellisa,
I believe both of your concerns are addressed in another topic in this Forum – here. Good luck!
hello there…i am so much interested in this issues that you are providing us,in such a way we ourselves are so much into it.My case is really petrifying because i really want to end my marriage with my husband wich is I really don’t know where to start and how to do it.He is alcoholic and a weed user which really caused me to worry so much and I am here in canada now that I eally hear issues about him which really petrifies me.We have a 7 year old son and is leaving with him together with my inlaws.I went back home for two months there in the Philippines lately Feb-April and it is really so disturbing because when he is drunk and get high with drugs-its very uncosiderrable in my side and very much unfair on my part.The main point here now is I really want to end my marriage with him-boldly and legally,but I just dont know how to start.This has been the problems that occurs me since the beginning,I married him because there is a sexual affair happens between us which we end up get marry but as my father had told me before that it is very wrong to risk the capacity to decide that way.If you could consider my situation and give me some advise will be very much valued and appreaciated.Thanks and more power.
part two: We have been married for more than seven years,I am a woman who really values the power of being submissive to my husband with all of my heart and soul supposedly but our situation really can’t keep me to live in this situation anymore and it is unbearable.I really feel I dont love him anymore and that is why there is no point keeping me to save this marriage work out.I tried so hard to keep our marriage but I am so much decided now to end it.I can no longer take risks in the future,me being not there is very much disturbing.Me being here abroad, I almost get derranged thinking about how to get off this mess.I am so much concerned to get my son out of him obviously.When I took my vacation there in the Philippines recently my mother-in-law even told me things which serves me as an encouragement to push thru in ending up this marriage”PLease be patient for now,never mind about him…all you have to do now is to think of your son’s future.You can get your son with you even without him”(that’s what my mother in law told me).We even try to talk to him to bring him to the rehabilitation center but he refuses.There are couple of times also that my husband told me that we should seperate.The thing he utters this words everytime he is not normal means he is drunk that when i get all these words from him.Which is for me very unfair because I want it to be done accordingly with legal process but not by words alone.He is very unaware of my plans.I am very persistent now that I must end this up before it is too late for everyone. My reasons are so clear that I can’t bear and I can no longer take any possible chances that somebody might suffer this in the end if we still continue this marriage.I don’t wanna risks any of our lives,especially concerning my son. I had observed that our son is getting so affected in this that he chills and very frightened whenever my husband is drunk and I really thought there must be something behind this that I don’t know and I don’t have any idea how is it going everytime because I was’nt there to witness everything.Please save my future and my son’s future from getting out of this very traumatic situation.Your advices I desperately need.Please do give me hope.THANKS again and MORE POWER.GOD BLESS!
Ronald_james,
It’s really sad to hear marriages not working out, but it’s a reality that happens a lot. You may be aware that we can’t possibly give any legal advice here, a limitation that we make clear so as not to disappoint our community members who are seeking legal advice.
I personally share your stand that all avenues should be explored to save a marriage, although there certainly are limits. If you want to get out of a marriage that, there are a number of grounds to choose from. This is something that is properly discussed with your lawyer, as he would be in the best position to decide what’s the best ground to seek an annulment or declaration of nullity. Moreover, there are options other than filing an annulment case here, as in the case of former Filipinos, something which you could read in the pages of this Forum.
In the end, it would be presumptuous of me to give any assurance to “save [your] future and [your] son’s future from getting out of this very traumatic situation.” This is something you should (and can) do.
Good luck and God bless.
atty. fred:
Thank you very and now I have hints how to get my queries in a way that it suppose to be.Well, so far I have read those grounds in the annulment and seperation coverage and have given me diversity of actions.It is sad that I do not know how to reach those people who can really make this steps posible for me.Is there anyone you know or colleagues here in vancouver canada whom you can refer to me?whom I can ask for counselling or to a lawyer whom I can make process my case?I will be going back to Philippines somewhat in April next year-is there any person whom I can collaborate with there?Such public issues like this is very helpful to the masses and I really value your time attending to us.You are one of a GREAT PUBLIC SERVANT!!More power!I would be always keeping in touch with all the answers to all of my queries,Thanks again in advance.GOD BLESS!
Pamela, the apparent unfairness of Art. 26 is that the Filipino spouse could not initiate the divorce even if the foreign spouse is doing things that would ordinarily be a ground for divorce abroad. This may be unfair, as it may be true that the foreign spouse is guilty of so many things that would considered as grounds for divorce (other than no-fault divorce). However, this “unfairness” is just a recognition of the fact that Filipinos are not allowed to get a divorce. Nevertheless, annulment or declaration of nullity may always be secured here in the Philippines, although it’s not as easy as divorce procedures. The fallback position is Article 36 (psychological incapacity).
I’m not really sure if that divorce will be recognized in the U.S, but perhaps we can post the information here should we confirm it. The rest of your queries are addressed in other posts in this Forum. Perhaps you can start with Part II of this Q&A (see the link at the last part of the article) or you could read further here:
http://pnl-law.com/blog/costs-in-seeking-an-annulment/
Ronald_James, will let you know if I find someone in Vancouver who could assist you (as annnulment may be filed even if you are abroad). Anyway, you could always call our office when you take your vacation in the Philippines.
Good luck to both of you.
hi atty! i read article 26, and somehow it does apply to my situation. im married to an american citizen and got married in the philippines. currently he lives in kuwait with his mistress and their 1 yr old daughter whilst im here in london. my questions are as follows: 1. if he gets a divorce in kuwait, will our government accept that to legally end our marriage ties? (although he’s a us citizen, he hasnt been to the us for almost 5 years). 2. the more i read about the grounds on annulment and legal separation, it seems that our case inclines more towards legal separation (which i dont want) – earlier this year, he confessed to me that they got married somewhere in the middle east so that the child could use his name (child was born in the philippines), but later on divorced the mistress. I do not know as to what grounds i’ll file the annulment for. 3. how long does this process (annulment) normally takes?
thanks!
thank you ever so much atty fred! hopefully, we could get confirmation as to whether a divorced filed or granted in kuwait will be recognized in the us or better yet in our country, especially in our situation that im a filipino citizen and he is a foreigner and that we live separately abroad.
pamela
You’re welcome, Pamela. Good luck.
Atty,
What are the three most common grounds among the 10 to file for Legal Separation? Do you have statistics or anything that could back it up? It’s okay, pag wala, just need the justification. Thank you! God bless!
Rona,
Nakakalungkot ngang isipin na ang pagmamahalan, at ang kasal, ay nagiging marupok sa pagdaan ng panahon at mas nakakalungkot kung may mga bata – na wala namang kasalanan – na naiipit sa hindi pagkakaunawaan ng mag-asawa. Marahil ay iyong nabasa dito sa Forum na ang pagiging iresponsable ay hindi sapat na dahilan para pawalang-bisa ang isang kasal at kailangang tingnan sa pangkalahatan kung ito ay maaaring nasasaklaw sa “psychological incapacity” (but this is in general and may not apply to your situation). Kung sa city hall kayo nagpakasal, baka ang Mayor ang nagkasal sa inyo. Mas mainam na i-discuss mo ang mga ito sa iyong abogado dahil hindi kami maaaring magbigay ng legal advice dito. Ang ibang mga grounds para ma-annul ang isang kasal ay nakalista sa itaas. Good luck.
Maricel,
I couldn’t quite get what you’re trying to say. If you’re asking if a divorce secured by a foreigner-spouse is recognized here in the Philippnes, the answer is yes (as discussed in the posts here). Anyway, please visit the Philippine embassy or consulate should you need help with your papers.
ratatouille,
I’m sorry I have no hard data for you. I believe that data could be secured from the Supreme Court (if you get it, please share it with the rest of us =). Anyway, based on the cases we’re handling, Article 36 (psychological incapacity) is the most common ground used in having a marriage declared as null and void.
atty.fred,
im maricel,22 years old here in korea. i was married to a korean man in the philippines.but now his planning to get divorce with me for only one day here in korea.but how about me is also my papers automatically annuled with him in the philippines.i am not yet a korean citizen here actually my husband didnt hesitate to gave my alien registration here..what will i do next?thats why when we go to the court i say no.my husband get angry with me for what ive done.i just said that they must give me time to think about that.coz im not so sure for my future to remarry again.how about my life i am so young for that matter.i am not sure what will happen in my future.pls.help me..i dont know what will i do next.i cant process my papers here because i dont have alien card here.
Atty.Fred
In my case …I marry a man I like but he doesnt like me. Im 7 yrs. older than him.That time dahil sa malaki talaga ang ang pagkagusto ko sa kanya ginawa ko ang lahat para may mangyari sa amin.Katunayan 2 beses na nya akong inayawan at iniyakan ko.Una ang totoo wala pa pala syang karanasan.Napatigil sa pag-aaral at natakot ng umuwi sa kanila kahit na sinusundo pa sa amin. Nagsama kami pero wala nga un sweetness.Pinagkatiwallan ko sya at palibhasa bata pa naubos nya ang savings ko sa kakagala lamang. Magaling syang gumawa ng kwento akala ko my trabaho sya un pala ang ginagamit nya un savings ko nun dalaga pa ako.Iresponsable sya… at lagi kong sinasabihan na walang kwenta at walang silbi. Nakatikim ako ng suntok dahil dun.Meaning atty fred nakasal ng walang pag-ibig.Nagkaanak kami ng isa at walang 1 yr hiwalay na. 1991 – 2007. Wala pa rin syang pagbabago tamad pa rin at irresposable. Mula ng magkahiwalay kami 4 na beses pa lng kami nagkita un ay dahil ako pa ang tumatawag kahit na malayo at busy ako…naghahanap kc ng ama ang bata.Year 2002 un huli na nakita ko sya pero hindi kami nagkausap. Pwede ko bang ipa annul ang kasal namin? Ayoko na pong kasing gamitin ang apelyido nya? Ano po ba ang mga grounds na puede ko isampa para mapa annul ko ang kasal namin. Nga pla atty. fred nagpakasal kami sa city hall… ang nagkasal sa amin sa natatandaan ko po ay hindi judge ewan ko po mukhang raket un…basta na lng po nagkapirmahan eh…Last wk ko lng po na tsek sa NSO at nakaregister nga.
Atty. pcencia na po… gusto ko na po kc na magkaroon ng peace of mind.
Rona
Louie,
The specifics on your wife are not really necessary, partly because it’s better for the parties to retain the respect for each other, if only for the kids. Besides, we can’t possibly consider those facts because legal advice, as it applies to your situation, is not dispensed in this forum. That being said, let’s discuss general information.
There’s such a thing as de facto separation, which simply means separation in fact. The spouses simply decide to live separately from each other. Custody while the case is being heard is called custody pendente lite (just like support pendente lite). The custody of children is generally with the wife, although a child over 7 years of age may choose which parent to be with. For those below 7, the father must show compelling reasons to deprive the mother of custody, discussed here:
http://pnl-law.com/blog/basic-issues-in-child-custody/
Properties in possession of either spouses are always subject to the orders of the court.
Atty Fred,
I hope you can help me.
I am professional engineer working as an OFW and have been married for 18 years. I have 3 kids, aged 17, 14 & 6. My wife is Manila with my kids. I have a strong evidence that my wife is having an affair with another man. And this has happend in several occassions (with different men) during our married life especially when I am abroad. Now that I cannot take it anymore and my kids are now affected, I would like to file a petition for Legal Separation against my wife using sexual infidelity.
I am concern about the safety, custody and continued education of my kids especially the eldest which is graduating this year. My wife, being so violent may harm my kids (lalasunin ko itong mga anak mo as she say sometime) when she finds out that a case of sexual infidelity is filed against her. My question is, upon filing this petition, can I get a provisional order from the court granting me custody for my kids prior to her summon and while case is being heard. Basis will be child safety, welfare, and continued education?
Once summon is served to my wife, can I immediately live separately with my kids in my custody while the case is being heard?
Can I take some of my properties, two (2) cars and land titles for safe keeping?
Your advise is greatly appreciated.
My wife is just a high scholl graduate, very rude with my kids and does not give regards to the future of my kids. What if the man she is seeing lately has a plan to harm me to take my place in this family.
atty,
my wife will be filing an annulment and will be using the pyschological incapacitated against me..pero nag usap narin kami regarding this matter sabi nya eto na raw ang pinaka mabilis na process ng annulment..my questions are; can i still get marry? coz i heard kung sino lang ang nag file ng annulment sya lang ang pwedeng magpakasal at akong pinalabas na masama just to have an annulment sa marriage namin eh wala nang chance makapagpakasal?at meron pa bang akong karapatan sa mga kids namin?
thanks
atty.fred
once again thanks for the reply…i have another question about our divorce here in korea..what if me and my husband together initiate the divorce and that divorce paper enclosed that my husband made the mistake so that we are going to take that divorce..Is it automatically accepted in the philippines?..MORE POWER AND GOD BLESS!!!!!!!!!!!!!!
Ilongranger, your concerns were addressed in your other comment.
Maricel, incidentally, we had a similar academic discussion over lunch some time ago. The law provides that the divorce should be “validly obtained abroad by the alien spouse.” The question is this – if it’s a joint petition, would it still be covered by Article 26? Let’s have a discussion/debate. =)
George, it should be a relatively simple process and takes only a couple of months. Good luck.
I have a question to ask too. I am a filipino by birth but is an american citizen when i got married in the phil 3 yrs ago. My wife refused to come to the US. Instead, she went to UK. She is now living in with another Filipino who is the father of his 1 yr old son. I am filing a divorce in order to end the marriage.. I understand that i can remary in the Philippines provided i file a petition for recognition and enforcement of the divorce (filed here in the US)in the Philippine court. How long will it take to file and process for this petition.
I greatly appreciate any information you can give me.
i have a question paano po ba ang first step s pag fi-file ng legal seperation. gusto ko po kasing mging legal na ung seperation namen ng wife ko. 2years n kmeng hinde magksma nasa side nya ung 1 anak namen. reason nia ky sya nkipag hiwalay dhil d n raw sya msya dhil di ko nbibigay ang mga luho nia sk mrame nakakakita na relatives ko n may bf sya. then ngayon po pregy n xia s bf nia nkita ko po n mlaki n ang tyan nia nung nag visit ako s knila pra mag bgay ng allowance s anak nmen. ang sbi ng kapatid nia dis coming october ang labor nia. gus2 ko n po mag file ng annulment para d n sya bumalik sa akin ska ayoko kasi na s aking surname ang gmitin nia pag sinilang nia ang anak nia s lalake nia. marameng salamat po god bless!!!!
thanks atty fred. do i need a lawyer to file for this petition? How much would it cost?
just a follow-up question. Do i have to be in the Philippines to file and process the petition? Thank you so much.
Good afternoon. I would like to ask how it will affect the case if the respondent for a “petition for declaration of nullity of marriage” does not answer the said petition but decides to appear for interview with the prosecutor and admits being in constant communication with the petitioner even after the filing of the case?Constant communication here means that husband & wife still see each other and talk almost everyday with some sexual intimacy involved on several occasions. However, petitioner has not withdrawn the case despite these recent developments in their relationship. Respondent, on the other hand, has not contested because she does not want any more fights between them especially in court. Please enlighten me on this matter. thanks & God bless!
Hi good day. Im a man who had a huge and terrible problem.if there is kind person here please help me. my situation is these. i had a gf in manila then i go to cebu to work there then i mit a girl then accidentally we had sex and for that she got pregnant.the girl is fertile and did not tell me about it.now she is pregnant.my family did no like the girl cause i we don’t know much about each other.my family and her family had already seatle.my family wants to fake the marriage.but they insist that there the one who will take care of it and processe the paper on their own city hall.so my prob is this i love my girl friend and i think im the loniest man in the whole world.marriage is to forever and ever.what id like to marry is my gf.and share my life wth her.we really love each other.i tell her the truth.and we really love each other much so we don’t know wht to do.i wnt to marry her.so im suggesting to give my birthcertificate and have a proxy of myself or i will go to his place so we could be married.my prob was i wnt to marry my gf first b4 its too late and that i may married the other girl which is i dont really love.please help me.my gf and i were crying everysingleday.i need a rush solution please help me anyone GODBLESS YOU.
and one more thing if im maried in the manila and and cebu.the prob is can they trace that ive married twice.
i wnt to marry my gf so the second would not be legal.its hard to marry the girl that you dont love isn’t it.please somebody help me.attorney help me.i nid an insant answer.my heart and my mind is sufferring. please help me im begging for a help.ill wait for the answers.GODBLESS YOU.
i dont wnt to be annulled please help me
Atty,
I had been separated from my husband since Jan., 1989 and he has been cohabiting with not only one but two women in separate places, one in Quezon City and one in Pampanga. He got three children with woman no. 1 in Pampanga but the woman had abandoned him last December 2006.
I have no regrets in our separation because of his womanizing ways. I didnt file for annulment because my salary cant afford it neither he because his income is not enough to support me and my two sons and his women. Fate was unkind to me, the office I worked for since 1993 closed due to bankruftcy last year. So I started to chat online and finally I found an american who is more than willing to marry me in the United States. He himself has financial problem because his third wife has drained his savings, enough reason for him to file divorce and expecting the court decision this October 11.
I attended a seminar this morning and my seatmate told me that Senator Loren Legarda has been interviewed wherein she stated that if spouses has been separated for eight years, filing of annulment is no longer necessary. Could you please enlighten me on this? Because if its true, then I am qualified and if ever, will the US Embassy still look for proofs like court rulings that I am indeed qualified to remarry without filing for annulment?
I am 55 years old now, cant find job here anymore so I opted that I go to US wherein it is easier to find job, I prefer to live there too because Bruce, my bf is 63 and I think he could be well taken cared by his medical benefits there instead here. He has planned earlier to retire here in Philipines but I told him his pension may not be enough for us, since I have other obligations to settle like credit cards whose collection agencies keep harassing me.
Atty,
I would like to go to US as regular tourist but I dont dare apply for an interview because I have a pending petition as immigrant which was filed by my brother in June, 1994. I think it will take 5 years more before it could be approved and I dont want to wait because I dont have job here so I want Bruce to file for a fiancee visa.
This is the reason why I inquire about annulment, how true was Senator Legarda’s statement?
Atty,
I had been married b4 but we got separated after 8 months after our marriage and for a total of 7 years we never see each other . I thought the our marriage was never been valid since we are both 18 yrs. old and i have no parent consent wen we got married . So when i met someone and fall inlove , we got married but after I found out that my first marriage was actually valid . So i decided to file an annulment and got my first marriage annulled. my question is , do i have to file for a voidable marriage for my 2nd marriage ? as i read the philippine law my 2nd marriage is void ab initio . One more question , after i got my 1st marriage annulled , me and my 2nd husband decided to get married again .
Everyone, sorry if these answers are delayed…just got swamped with work at the law office.
Despirado,
First off, please note that there’s a big difference between legal separation and annulment (and you seem to use them interchangeably). The steps in filing a petition for annulment had been outlined in this post –
http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
George,
Unless you’re familiar with the legal procedure here in the Philippines, you need a lawyer to assist you in filing the petition. As to the costs, it depends on the lawyer that you’ll hire.
Jlo,
That issue may come up in court, so it might not be appropriate to comment on those. Anyway, we have discussed that the fiscal has the duty to determine whether there is a collusion between the parties.
Accident,
It is not only against the law to marry twice, but it’s also unfair to all concerned. As you said, marriage is supposed to be forever. Make up your mind and decide who to marry. You have to take a stand. Remember that you will be raising a family, and it’s always good to start it by making a stand. Good luck and God bless.
Gracieneil,
Maybe you’re thinking that there’s no more need to file a petition in court. Please read this related article:
http://pnl-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
vrr_11,
Any subsequent marriage, as long as the first marriage has not been annuled or declared null and void, is also void from the beginning.
atty, i married my husband 9 yrs ago because i got pregnant and my mom and his dad agreed that we marry so our baby will hamve his name.we didnt leave together and not see each other after the marriage because we really dont want to get married.now that i found someone i want to marry,i want to know what should i do.pls. help me thank u so much
addition to my questions,i want to know if i can file presumptive death of my absent spouse.i really want to know about this.pls. help me.im in korea now and having a hard time finding about this sepaRATION
atty,
My ex-wife and I are separated for about 3 years now (i’m cuurently working abroad) and I want to file an annulment but I am confused with what grounds to use.
If my wife threatened me that she will kill herself the day I moved out of our house, if she’s hurting herself in front of me to make me change my decision,and if she hid our daugther so I won’t be able to see her and will only allow me to see our daughter if I come back to her, are these enough proof for phsychological incapacity?
Atty,
Seven years ago, my husband and I moved to the US. While we were there we obtained a US divorce. I have returned to the Philippines. My ex-husband is still a Philippine citizen and still resides in the US. He has since remarried and started a new family. I have met someone and would like to remarry also. Can my ex-husbands US marriage/family be considered infidelity in an annulment?
atty fred,
gud morning sir,i just like to ask what im going to do with my ex wife..we got married sometime in january 2003..she is working abroad that time,saudi arabia..i was left alone here working in a hospital.so,years goes by my love to her and affection fade away.we had continue communication untill 2005,that time she comes home for a vacation..honestly i didnt feel anything to her,i really dont know!she leave again after a months of vacation without talking about our feelings..we are assuming that everything is ok,but the truth is not..suddenly we got separated..The problem is,i discover last month that she gave birth to a babyboy.It is impossible that the baby is mine,so i confront her sister just to confirm everything i learned..Also she had a boyfriend,an indian!Its all true!!sir,its funny to know that i learned that from friendster.com..she had a picture with the baby boy..sir,what are the legal issue we are going to settled? Thanks for your time reading my letter.hoping for your legal advice…
Lot,
Whether a declaration of presumptive death is applicable in your case is something that should properly be discussed with your retained lawyer. I’m prohibited from discussing that here, and I apologize for that. In any case, you also need to file a petition, which means you have to go to court (just like in a petition for annulment). Anyway, please read more here:
http://pnl-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
Scofield,
As noted above, I’m prohibited from giving any legal advice in here. In any case, you will note that among the requirements, as discussed in the posts, is that the incapacity must be present at the time of the celebration of the marriage and must appear to be incurable. These are questions of facts that must be threshed out with your retained lawyer. Your lawyer could tell you if the facts would fall under what ground for annulment or declaration of nullity, and which ground is the best option to take. Good luck and God bless.
kmnevalga,
The more basic issue is this – is infidelity a ground for annulment? It’s NOT.
Hero,
As in the circumstances discussed by the other members of the Forum, I’m really sorry to hear about your marriage. I could tell you the legal options because, aside from ethical considerations, the best option depends on the purpose that you want to achieve. Do you want to simply get out of the marriage (provided, of course, there are grounds)? Do you want to insist on criminal liability? Maybe you have other purposes, something which you must tell your lawyer from the start so that he/she could tell you the best option to take. Good luck and God bless.
atty,
gud afternoon sir,yes your right..i want to get out of that marriage.To leave normally!!I dont want to file any criminal liabilities..its just i’d like to know what are the easiest way to get out.Honestly,i have no budget to file annulment..how about the condonation,sir?..thats all for today sir,again thanks for giving me a leagal advice..god bless…
atty,
gud afternoon sir,is it right for me to enter in a aggrement like condonation?is it benificial to both of us?
how much does it cost,and how to file it?Thank you so much again sir..more power..god bless!
hi atty,
I am just new here and let me just sayil that this site is so informative and well written that people like me who are not that familiar with the nitty gritty details of philippine law is enlightened. I have a different question, its about adultery. You see, I was married to my estranged husband in 1995. We separated 1999, i found out lately that he contracted a second marriage with his live-in partner in 2000. My husband and I have a 12 year old daughter whom he only gave financial support last year after a threat of child support case from me. I also have a relationship now with another man. My husband has known about my relationship in the beginning and we both acknowledged that we have separate lives, with separate partners. Things are turning a little sour now and I would like to know how I can defend myself and my partner now should things turn out for the worse. I read that in the new revised rules of criminal procedure,” The crime of adultery shall not be prosecuted except upon the complaint filed by the offended spouse. However, the offended party cannot institute criminal prosecution if the offended party has consented to the offense or pardoned the offenders.” Can you enlighten me on this?
thanks and more power!
Hero, first off, I must apologize if I can’t give you any legal advice, as this is not allowed. On the other hand, there’s no easy way to get out of a marriage. The facts of your case and the grounds that are applicable to such facts are best discussed with your retained lawyer. Good luck.
Bling/Hero, perhaps we could have a post on that subject matter, as soon as our schedule permits. Do drop by from time to time.
Atty Fred,
hi, im 32 years of age, a californian residents. im naturalized US citizen at Age of 17. I got married in Philippines back in 2003. after 4 years unfortunately im having a divorce. my question is Am i able to re-marry again in the philippines.
dear atty.,
can you please help me to my problem?
i am married in philippines to a filipina and i am from Nepal, were divorce already in Sharaa law in GCC and we got the divorce paper already, were already divorce for almost a year. Now, my problem is i want to be annuled my marriage in philippines. What is my first move to do?
thank you for immediate response.
babu
Hi Atty. Fred,
I had my marriage annuled already with all the papers complete last May 2007. When can i get married again? I’ve read that for female widows they have to wait for one year before they remarry. How about for annuled female? By the way the declaration on my annulment was void ab initio.
RC/Josie/Babu, I must apologize that I can’t give you any legal advice. It’s prohibited here. I hope you all understand.
atty..
good day… i have a couple of questions and i know you cant give any legal advice here please just give me some idea on what are the possible things that i can do..im 27yrs old and my wife is 23yrs old working in china,i guess? well the last that ive heard abt her was that she was in china. last year i found out that she had a boyfriend and the year before that..she actually did that to me twice..the last time that she did that she ended our marriage but not legally now i want to clear my marriage and get an annulment but what grounds can i use about this situations..tnx for taking your time in reading this and more power..
greetings sir,
am considering separation/anullment from/ of my marriage. what information do i need with regards to carrying this out? (website/ legal advise or consult/ reading materials etc) although we’re both in manila, i have been physically away from my husband for 4 weeks now and have almost fully overcome the emotional effects of our latest fight and the last 8-12 years together. could you recommend a psychologist/ counsellor who could help me at this time, and could you guide me through the (initial) leagl process of my plan/ intention.
thank you
Atty, my case story same like the above questions and answer.. My marriage is null and void because I was the second husband. What will I do to remove my marriage file in the NSO?
thanks,
edward
Hi Atty,
I am a foreign national who married a Filipino in Manila. I wish to get an annulment or foreign divorce. At the time of our marriage it transpired that the pastor who married us was not legally able to solemnize the marriage because his certificate had expired. The registration number was subsequently altered on the marriage certificate, but the fact still remains that he was not legally entitled to marry us at the time we took our marriage vows, so technically we should have enacted the vows again for them to be valid and solemnized, with his new registration.
We have been separated now for 6 years due to my wife’s sudden decision to withdraw from the marriage. My wife is no longer a Filipino citizen. We have two now grown up children 19 and 17. I am about to move permanently to the Philippines and wish to marry again. Would it be best for me to apply for annulment in the PI and how long would that take? Or would it be better to obtain a divorce for example in Guam?
Thanks for your help, Dan
I am a filipino working overseas.I wanted to get married with my girlfriend now but i still have some issues to take care of.Last 2003 me and my ex-gf went to file a marriage proposal in the municipal office.Afterwhich, after 120 days supposedly we are getting married formally.But there was no ceremony or whatsoever that happened next after that. We just left it like that. Is the marriage void or legal? Now, when my ex-gf went abroad, i heard from others that she was using my last name in her passport. Is that posssible? What are the possible cases wherein she can use my last name? I never askd her about that. Ater she went abroad, we broke up. ANd now i want to get maried with my present girlfriend.
Thank you for your help.
Good Day Atty!
I am a Filipina married in a Muslim Rite in the Phils. cause my husband is a muslim. Now we are planning be married in civil. My question is that can my husband still marry another woman in muslim rites inspite of being married in civil? Can we be married in Civil even if he hasn’t settle his divorce paper with his first wife yet? Even if he is no longer staying with his 1st wife.
Thanks,
Venice
Guys/Ladies, I apologize if I can’t deal with your personal circumstances, as that would constitute a legal advice, which is not allowed. Anyway, a few searches may shed some light on your concerns. For instance, we have discussed that even if a marriage is null and void, judicial declaration is required for purposes of remarriage. There are at least 3 posts discussing foreigner’s divorce. Kindly perform a search. Thank you.
Hi! Can i ask if how soon an annuled woman can re marry according to the law?
atty,
ask ko lang po kung posible bang ma-annul ang kasal namin ng asawa ko kung sya ay 5 years nang nasa mental hospital? kailangan ko pa po bang mag-file ng annulment o hindi na?
My bf has been separated from his wife for three years, and is now planning to file an annulment so he can marry me. (we are both in Dubai) They have a seven year old daughter(will be turning eight on April 2008) ,who is in his parent’s custody now since he found out that his wife in the Philippines is pregnant from another man. Will this help his case? What is the best thing to do to speed up the trial? How long would it take to finalize the annulment? Can he maintain the custudy of the child? Please help… Thank you..
Hi Atty. Fred,
I am a Filipina Citizen and got married to a foreigner here in Cebu. but we have separated and abandoned me for 8 years now. Been searching on the internet and found out that he filed a divorced in US and re-marry again. can i file an annulment. what should i do?
thanks and please help me what to do.
Hi Fred,
Can an agreement letter between my wife and I that we are willing to end up our relationship in legal way can help fasten or let me say can be consider as a tool finalized and legalized our separation? My wife and I are willing to sign a letter indicating that we wanted to annul our marriage as soon as possible. Can this letter will help us lessen the cost fasten the process of annulment? We’ve been married for two years only.
Thanks.
Hi Atty Fred,
My annulment case decision has been submitted to the SolGen, and just waiting for 15 days (that there is no motion for reconsideration = no appeal). I keep reading the copy of my case files and both me and the atty are hopeful the case will be over soon. My question really is about the specific dates: 1. Decision Date? 2. Decision becomes final upon expiration of 15 days? 3. Entry of judgement is entered where the marriage took place and the family court granting the petion? 4. Issuance of the Decree of Annulment after proof of registration of the entry of judgment in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the petition for declaration of absolute nullity or annulment of marriage is located?
What date will be shown as the effective date of annulment for filing out future paperworks that asks when marriage was terminated.
Thanks you for the time reading this.
Dear attorney,
I have several questions.
First, let me cite the facts.
1. In 1989, My ‘wife-to-be’was married to a Japanese national in Manila City Hall. “Wife to be be” is a Filipino citizen by birth and continues to be.
2. Both were of legal age and went back to Japan and lived as husband and wife. 3. In January 1997, Japanese husband and ‘wife-to be” filed for divorced and was recorded accordingly on husband’s Koseki tohon. But Divorce was reported to Phil Embassy in Tokyo,and the subsequent Report of Divorce was Certified and Authenticated by DFA only in 2002. Certificate of Divorce obtained from Japanese embassy and authenticated by DFA in 2008. To be attached to their NSO issued marriage certificate in Manila City Hall and will be subsequently re submitted to NSO Central for filing.
4. “wife-to-be” came back to Philippines after divorce in 1997.
5. We married in Quezon City October 1997.
6. Our Married Certificate became registered at NSO.
7. Solemnizing Pastor mistakenly wrote “single” as civil status for my wife on the marriage certificate.
8. I was legally single before our marriage and a Filipino citizen from birth.
9. We have 4 children, 1 born before the divorce, 1 born after the divorce but before our marriage, 2 born after our marriage.
10. Child born before divorce and our marriage uses my family name on the strenght of RA 9255 (AUSF).
11. Child born after divorce and before marriage was “Legitimized due to Subsequent Marriage.”
Questions:
1. Is our marriage valid (based on Article 26 of the Family Code)?
2. If the Article is not applicable to her, how will our marriage become legal and valid?
3. What happens now with the registration of the civil documents of our children (if our Marriage Certificate is invalid) since the Marriage Certifcate was used as supporting document?
Please email me regarding your replies and comments. Or you may post it here. Please include the legal steps I have to do.
Thank you very much.
Everyone,
Perhaps you could find your concerns in the newest installment of the Q&A on this topic:
http://pnl-law.com/blog/annulment-in-the-philippines-questions-and-answers-qa-part-3/
I have to do this to save space and for orderly presentation. For those questions that are not related to the updates, please be patient and wait for future updates. Thank you.
atty/ pde ba ako magpakasal sa canadian national sa hongkong na hindi Ako makakasuhan dito sa piipinas. i am married to a pilipino .but he is now in america for 5 years. we have been divorce in usa for 5 years.and he has been had lots of relationship there.gusto ng bf ko na canadian na magpakasal kmi sa hongkong para maisama n nya ako sa canada.kilalanin kya ng canadian embassy ang kasal namin sa hongkong since hindi naman kmi pde magpaksal dito dahil hindi pako annuled.
maraming salamat po…pls reply
another thing. kung bibili ba kmi ng bf ko na canadian ng ari arian dito sa pilipinas magkkaron ba ng karaparatan ang asawa ko na maghabol sa property? since it would be named with me and my canadian bf?
salamat po ulit
atty. marami po ako natutunan dito sa forums nyo/ god bless you and your family…and hope for your kind reply
Hello po, I was 19 yrs old when I was married last 2004 and my husband was 31 before. At first, we are doing fine but as time goes on we have lots of misunderstanding as we are not living together because of his job. From then, He’s asking a separation but I didn’t want until he came up asking for annulment. I went abroad 2005. I had 10 days vacation last january 2006 but nothing change on him. I went back abroad and just came back last dec. 2007 until now I’m still here in the philippines. at first we were fine again but there came a misunderstanding again because of a third party on his side. Now he keeps on telling me about the separation and his reason is “He doesn’t LOVE me”. What can u advise me po? What could be the best solution for this problem? If possible, I don’t want separation because we have our only son. Thank you po and I hope you could advise me to clear my mind.
hi po…im jonh 3 years napo akong hiwalay sakin asawa she already have bf,gusto npo nmin mag anul but the problem is we far to each other wala po kami pareho sa pinas,ano po bng mgnda dun pede po bng pamilya ko sa pinas ang mag ayus tpos ppdala nalang sa knya ang dapat pirmahan? at normaly po magkno po ang nggstus sa annulment..
HI ATTY.,
My partner had been separated (not legally yet) from his wife for 9 months now. were planning to get married abroad because he still hadnt filed annulment to nullify their marriage here, would that be possible?
hi atty fred,
sana po matulongan nyo po ako sa problema ko.kinasal po ako sa atorney.year 1995.pero 15 years old lang ako noon.pero nong kinasal kami d po hinanap ang birtcertificate ko.pero ang nilagay na edad ko ay 25years old.pero ang husband ko noon ay 30years old sya.after 2years kami nagsama nag abroad ako.bihira ako umuwi.kasi napilitan lang ako nagpakasal sa kanya.ate ko dapat ang may asawa sa husband ko.pero nag run away ate ko.sinalo ko lang ang kahihiyan namin.dahil kina usap ako ng parents ko.hanagang ngayon nandito ako sa abroad.ang tanong ko puwede ba akong mag file na annulment.sana matulongan nyo po ako.pumunta po ako dito sa aboad single ginamit ko salamat po.antay ko po ang inyong reply.
hi..gud am, atty. fred. i just happen to see this site and so glad that there’s a place where we can get useful info regarding the law. i’m asking on behalf of my cousin who works abroad. here’s his dilemma, he was married 1999 at the age of 17 and the girl was also 17.after the church wedding, they split apart after several weeks of living together, thanks to the girl’s mom. they had a daughter together. to make a long story short..9 years passed and they have no communication eversince. now my cousin is abroad and has finally found the girl of his dreams and wants to marry her. they were asked to provide copies of singleness. how can my cousin get this? will he be able to get one? if not how can he get one or at least how can he fix everything the legal way. what is the exact process? we were told that there is a need to publish something in the newspapers but we opted to research and ask people who best know the law. hope you can enlighten us. and thanks in advance!
my sister has been married to an older guy on March 18, 2000. Since then, since they were married, the husband continues to provide financial support not only to his mother but even to his nephews and nieces. Sa madaling salita, siya pa rin ang inaasahang breadwinner ng extended family niya.
Lately, Dec 2007 they adopted a child (birth cert and baptismal cert. under the spouses name) no legal adoption happened but the papers as mentioned recognize them as parents.
HIndi siya makahiwalay sa palda ng nanay niya. Hanggang sa mas pinili na niya yun, dun na siya umuuwi sa nanay niya at iniwan na ang asawa niya. Hindi na nagbibigay ng pera, dumarating lang siya mgadala ng pagkain, diaper, then he is asking for his wife na kumuha ng lawyer at maghiwalay na sila.
High-school graduate lang ang sister ko, while he is an accountant (CPA) at BIR-quezon city. SInce nagasawa sila hindi niya pinagkatiwalaan sa pera ang asawa niya. binibigyan lang ng budget na 50 pesos pangmeryenda daily. at iyon ang isinisave ng babae para may pera siya.
Ang mother ng lalaki ay sumusulsol ng ANNULMENT para siguro walang mapuntang properties sa babae (bahay at lupa) in case mamatay ang sakitin na lalaki.
Sa part ng babae, ayaw niya na maghiwalay sila, pero ang sinasabi ng lalaki at ng partido niya ay masama ang ugali ng babae kaya dapat na sila maghiwalay. Hindi naman makapagstep ahead ang babae dahil 4 months pa lang ang baby, at pinaalis na ng biyenan niya ang katulong sa bahay. Wala ring malaking pera ang babae upang pang-gastos sa complaint of non-support sa asawa niya.
Umamin ang lalaki na may babae daw siya.
So anong magandang gawin? pwede ba magfile ng legal separation? pano masiguro na magbibigay ng sustento?
Hi Atty,
Sir I am realy worried about my situation, I’ll shortly narrate the situation, I meet a filipino woman over the internet, two years back. She is a legally saparated woman and is a mother of 2 kids, she says that she doesnot have the marrige license as well, now if i come there in philippines and stay in a hotel with her for 10-15 days, will I be commiting any crime or will I be breaking any provision of any law? Or is it a case of Adultry? Or bigamy?
And the reason why they got saparated is that her husband started living with another girl even when they were not saparated, plus he also used to physically hurt her.
Reply to me ASAP
Thanking you
hi atty!
i have read the grounds for annulment, i have concerns, me and my wife of 6 years have a “dysfunctional” relationship… to make it short, i found out that she has another guy… through her emails and other internet accounts… i dont know if they make out, but have endearments and ” i love you’s and i miss you’s” scattered all over. since i have that knowledge, i never touched her again… i think its almost 2 years na rin… i confronted her, and yet she denies about it… i even found birth control pills on her bag, and as of now, she’s using it for 3 consecutive months, and my point is how come i didnt know about that she’s using those pills? and she said that she’s using it for skin treatment (pathetic excuse)
i am not happy anymore with all these lies. is there any way that i can get out of this marriage? im only human, of course i found someone, last month ago… that’s the time i begin to do something just for myself… i hope you can give me the best thing to do… thank you so much! god bless!
Dear Atty,
I have a question and i think you can help me answer them. my partner is a U.S ctzen who’s been seprated for almst 4yrs now. he is currently residing in the US and his wife is hear in the philippines.he filed a divorce and been granted. my question is can he marry again here in church or a civil wedding in the Philippines because were planning to so he can file a petition for me and our son to go to the U.S.?if so, how can we get marry?Pls help me.Thank you.
Hi, My husband and I had a problem in 2005, while I was pregnant w/ our 2nd child it was an email battle that leads to separation he said it was my fault. When I gave birth He came home just to pay the hospital bill that was SEpt 5, 2005. after a long time of begging him to come home and all he said he dont love me anymore and there was really no third party.
I have file an RA 9262 in November 2008, for abandonment and child support, just right after my mother died, during the process of collecting all the evidences, I found out via CENOMAR that he married another woman in La trinidad Benguet, Sept 9, 2005. I filed a case for BIGAMY, He did not attend the preliminary hearing in both complaints I have filed against him, The bigamy case was dismissed due to lack of jurisdiction since I filed the same in Pasig, when the 2nd marriage happenned in La trinidad Benguet.
I am raising my children alone, spending every night and day crying and worrying about their future and how will I be able to send them to school, Now I have developed a heart problem as well as financial problem that I really cannot afford to pursue the case. I really wanted him to suffer in jail because of what he’s done to us, what can I do?
The RA 9262 case has been filed. I am now awaiting for the Order be signed for the warrant of arrest. We’re both working on the same building and I can see him and his new GF loitering around happy together while he’s not supporting his kids. Can you help me find a way to arrest him when I get to have the warrant
hi attorney.
i was searching for websites that could help answer my questions regarding annulment issues and sad to say, i found nothing helpful. Until I came upon this one that caters to all my needs and inquiries. i am so thankful.
Anyway, my concern is this. When I was 21, I got married to an older, filipino guy who is a permanent resident of the states. but that time, he was still a filipino citizen. he got married cz he wants to have kids, I got married for the sake of being able to reside in the states. and for financial reasons. but since last year,i decided i dont wanna stay in the marriage anymore.
everytime he comes home to the philippines, we dont get along. we never spend time together, we dont talk, we treat each other coldly, we dont stay in the same room, and most especially we never slept together. recently, he never sends me money as he regularly did and he doesnt communicate.
based on what’s going on between us, do i have enough grounds for annulment? please help.
thanks!
blue
hi attorney.. i would just like to ask how many percent is the probability of getting an annulment when a man married a woman (both of legal age) who is pregnant but he is not the father of the child? note: the man already knew that the woman is pregnant with somebody else’s child before months before they got married. and now the man realizes that he made a mistake and just got overwhelmed of the situation? he said he didn’t know what’s gotten into his head to decide to marry that girl..pls help. i think this man is psychologically incapacitated..
hi atty. im not a law student but iam very intrested in laws regarding marriages and property relations. i just have a few questions.
1.when a court declares that a spuse is dead (presumptive) is the surviving spouse free to remarry? is the marriage dissolved or considered as no longer valid just like in the case where one of the spouses dies a natural death or is physically dead?
2.When the surviving spouse remarries and acquires properties with the new spouse in the second marriage , do the kids from the previous marriage still have a share on these properties ? or are they already strangers with regards to the new properties?
i am married to a foreigner and now we don’t have communication already i heard that he is living with someone else right now i also heard that the girl is also a filipina.. is there a possibilities that they can get married outside the country because they are in japan right now even though me and my husband is still married here in the philippines? and is there something i can do how if they got married how can i have my rights and how can i file a case and what case do i have to file and where can i file it’s hard because they are outside the country.. most of all we have a son and now he is not doing his obligations even to his son he is not sending money or anything to support his child.. pls tell what is the best thing i can do? can i banned them so that my husband will not be able to come here in the Philippines?is that possible? i want to know all because i want to do something to for my me and my son he just abandoned us as easy as that please help me..
Good day attorney,
I would like to seek advice from you regarding the
secret marriage (we just went there by ourselves with our birth certificates, without our parents’ knowing) I’ve been to when I was 20 yrs old.
We didn’t live together, I never get pregnant and we parted ways after 3 years of being BF-GF (as people know). I’m turning 28 now and someone new wanted to marry me. My questions are:
Is my past secret marriage considered valid or void
Can I marry my finace now?
I wanted to get a record at NSO to verify my past marriage but i can’t remember the exact date, and the municipality/location it was registered by the Judge in Manila City Hall.
My deepest thank you for helping me!
cont.:
I would like to add that my ex-h is now a father of a 2 yr old child. Buti heard that they are still not married..
In that case, can I marry my fiance now?
If my “SM” (before )is valid, how can I make my marriage this time (to a right man) valid also?
Thank you again…
Atty. Fred, i’m plannning to file an annulment case, and i’m still saving up for the expenses during the process. i’ve read somewhere in your blog about the atorney’s professional fee at around 50 thousand or more depending on the attorney. Will there be other expenses to follow once the decision is granted and assuming it was hopefully declared null and void?
Atty Fred, i was christian before. I convert to be a muslimah(girl muslim) last year and our muslim leader said that im considered divorced to my christian husband because he dont want to be a muslim too. He dont want to embrace Islam until now and according to Islam, 3 months is enough to give him a chance. Is Shariah recognized by our Pahilippines LAws? Am i really divorced to my christian husband?
dear sir/madam i arrived in the philippines on july 24th 2006 my filippina wife and i were married on july 27th 2006 but the authenticated document of our marriage is dated august 7th 2006.
i understand that under philippine law the foreigner husband must be residing in phills for a period of 10 days before a marriage can take place.
since we were married my wife has constantly taken large sums of money from me and now has moved away from her home and refuses to talk to me.
because of the descrepancy in the marriage dates can you tell me if the marriage is legal or not and also what can i do to have the marriage declared null and void.
I am from the U.K. and we were married in lapu lapu cebu city.
please help me in this matter as it is causing me stress at the moment.
martin g
Hi…Atty..I do have a question… If in case that I (23 yrs old) have a boyfriend (35 yrs. old) who is married and his wife (34yrs. old) has another man (36, single) abroad before we had a relationship, and if in the case that he haven’t file any legal separation yet what will be the consequences if we just live together, have a child and we will not enter into any marriage..Will these have any disadvantage to us or to my future child, when we speak about legal matters?
if in the case he files a legal separation, what will be the difference on the said example above, or is there no any difference at all?
Hope to hear a feedback…thank you.
Atty,
My husband and I are separated for 7 years now. He left for another woman and has started living a new life with her in UK.
We have a 6 year old daughter under my care and he has never given support in any kind since we separated.
1. Is this enough ground for annulment?
2. I am planning to file the case, will the case pursue even if my ex-husband is outside the UK?
Thanks.
Atty. Fred,
Me and my husband had been seperated for over a year now. both have have new partners. My husband is now living in the US. and recently he told me that he is filing a divorce there. My Partner is an Australian and we are planning about me moving in his country and get married there. My question is, would it be possible for me to re-marry in Oz once our divorce is filed or granted? Please help! thank you.
atty.,
i have been separated from my ex – husband for 4 years now. we have 3 kids ages 15, 13 and 12 respectively, and since he has now a new family of his own, i would like to annul our marriage. can i give this as a ground for the annulment?. i would also like to have complete custody of our 3 children, and he does not give any child support of any kind, i dont know if he has a job or not since we do not talk to each other. i really would like to know what ground/s can i use to have my marriage annulled. thank you very much and please feel free to contact me anytime.
Hello Atty. Fred!
My concerns involve my mother. She recently discovered a driver’s license of my father’s woman which indicated the use of his last name as if they were married.
I know that if at any point in time they had gotten married it would be bigamy which is punishable by law.
But what if the woman had just been practicing the use of my father’s name w/o any legal basis, e.g. she only obtained the consent from my father. What legal parameters are involved here? What actions should we take as the legal family?
It is unnerving to think if she had been doing this in all of her legal documents.
Thank you!
hi,
I just got married last june 5,2008 with an american guy who is now working in iraq but i am still here in philippines. I wanted to get out of the marriage, what is best for him to get a divorce in usa? or for me to file an annulment here in philippnes? if he got the divorce decree, how it will be beneficial with me than if the marriage is null and void here in phil? thank you
Are marriages done in manila city hall legal? You just pay 2000 php and in 15 minutes the “marriage is over”. And is having an NSO certification of marriage a proof of legality?
Thanks….
Hi Atty Fred,
Gaano po katagal bago makuha yung annulment decree after ng final decision ng judge that the marriage is annuled? Thanks!
Dear Atty. Fred,
Lucky today to found this site. I got a question for you on what to do with my situation. I was married to a dutch guy in 2001, we moved to the NL last 2005 but our marriage was in trouble since then, he also physically hurt me that i reported him to the NL police and have medical certificate to proved he physically abuse me but i only reported it once. Last Dec.2007 we had a fight and he left the house, and he never support us financially anymore while there till i decided to go home in January 22,2008 here in Manila due that i was 3 months pregnant (by him of course) and got another 3 and 5 yrs old daughters from him. I was alone, no financialy support and pregnant.
Since then he never send us support until last Sept 2 he send money for my daugter’s birthday,that is all. Now, the divorce is on going in the NL but he is trying to get the kids from me. He said he was been here in Manila but did not showed up. He reported me to the police in the NL for kidnapping by the way when he found out we left the house. I heard from my lawyer too fr there that since January he is already living with his ex-filipina wife.
He is now claiming a visitation for the kids, and wants to take them with him for a holiday. The kids doesnt want him and doesnt want to go with him since they also witness the violence while in the Netherland. I still let him talk to the kids over the internet and he demanded it every 5pm manila time. Its not a convenient time actually since my daughter arrived fr school at 5pm…when i suggested it seems not a good time, he thretened me to tell the judge at the court that i limit his chat with the kids.
I dont know what steps should i make now since i will never know when he is coming to file a case for him. What other legal things i should have to do with my case?
Sincerely,
Filchi371
By the way, we got married in Hongkong and i heard fr him before it was registered at the Philippine consulate and in the NL.
I am hoping to hear something from you actually on what action should i take.
Thank you very much again.
Filchi371
Good Day Atty!
My husband and I separated for almost two years now. Within the first year of our separation, I found out from his relatives that he brought home a girl who stayed overnight with him in the master’s bedroom of his family’s house. Just a month ago, he confessed that he really did such thing. And not just that, he doesn’t support his 4-year old daughter who is now studying. He doesn’t give even a single centavo nor call his daughter just to say ‘hi’. I tried talking to my father who is also a lawyer but he doesn’t give me any clear answer in any of these even though he knew so well of the who situation. I just would like to know if this is a leagal ground for annulment? I am so desperate now because I want to start a new fresh life without me still carrying the burden of still waiting for child support because I don’t want my daughter to expect something which is really not coming… I hope you could give me clear answere on these…. thank you.
and in addition, I would also like o remarry again to someone far more deserving. The reason why we separated is because he never did his part in any of the responsibility in the family. He’d rather be with his friends and ‘girls’ drinking and partying late nights after work. Plus, from the start he didn’t give any support to his daughter in terms of being a parent. Whenever he’s at home, he’d rather watch television, sleep and eat than take care of his daughter… and with that he was dependent with a hired help. I hope you could me a clear answer as I am sooo desperate to step out of this incubus.
Hoping to hear from you soon…
Dear Atty.,
A couple were married without a license having claimed that they have been living-in together as husband and wife for five years (But actually, it was just 6 months that they really lived-in). However, they have not submitted an affidavit (which is a requirement) attesting to their living-in together. Will this be considered as grounds for declaration of nullity of marriage? Thank you.
Dear Atty,
I don’t know how to start, I was so overwhelmed about the posts I read in this particular website. So, I decided to ask you about my current marriage status. To start off, Me and my wife got married when she was 20 yrs old. She was pregnant then and after a few months of living together, our child was lost. Setting aside the suspicions that she purposely let go of the child(due to early age, and my wife didn’t want the child, due to reasons I don’t understand) I continued to live with her but as time goes by,she went berserk and she showed signs of immaturity(having late night parties, irresponsibility in a sense that she doesn’t fulfill her duties as a wife but continues to live like she’s still single,later on running away with her ex) i decided to let her go. But a few months later, her family sued me for something that I didn’t do and later on, officials arrived at a decision that we need live separate ways.(‘coz both doesn’t want the marriage) It’s been five years since the separation and I now wanted to be cleared out of the responsibilities of being a married man. I went to check our marriage certificate from NSO and found nothing. I suspected that from the start, my wife’s family intervened because in the first place, they didn’t want the marriage to take place. Although I understand that the marriage is valid, We didn’t consummate the marriage because we’re already apart before she turned 21 and her family didn’t really approved of the marriage,(thus giving the grounds for no parental consent) I don’t want to be biased, but I think she doesn’t want the marriage either. she’s living with somebody else now. We don’t have a child. She dishonored me in every possible way. I don’t want to be a coward for saying this but there’s also a possibility that the said child was not mine given that she had previous issues of infidelity even before we got married. I wanna know if I have high chances of getting an annulment.
atty. fred,
hi there. atty, i’m currently working abroad and having an annulment case going on in the philippines. I just wanted to know if what’s the effect on not attending the hearing in an annulment case. can these shorten or lengthen the decision? also atty, i’m planning of going home to our native country but i’m worried if this case will hinder me in going back to my work abroad. thanks in advance for your wisdom on this matter.
Good day Atty. My husband and i got separated about 3 years ago, and he got a woman pregnant without me knowing even before we got separated. the child is now 3 years old. but after a year of being separated we decided to fix the marriage again, but after 3 years, which is now. I found out that he has another woman not the mother of the child but another woman, would him having a child inside the marriage be a ground for annulment? or legal separation? what are the things i need to prepare for that, and approximately how much would it cost me to do that? thanks very much and hoping for your prompt reply.
atty,
i have been married for 17 years. last 2004 ive been living sepately with my children, my husband does not give financial support. ive just discovered that he is cohabiting with another woman and they already have a baby boy. what evidence do i need if i want to file them adultery?
Question.
I am a Filipino citizen, married to an Indian. We were married in India a few years back. Now, we have mutually filed for divorce and the divorce has been granted.
Reading your previous posts, it seems that I have to file for declaratory relief in the Philippines in order to be able to remarry again. Is my understanding correct? How long does this process usually take?
My story begins when I went to Saudi Arabia last 8 years ago. I got my girlfriend pregnant and marry her in Manila City hall civil office. We had a marriage contract which was registered in Malabon City Hall instead of Manila. After that to be a good provider, having a under-grad status I went to Saudi Arabia to have a better salary for my family. Mother bought a house for us and I let my wife and our newly born daughter live in it, alone. When my mother went for her vacation, my wife immediately packed her things and went to her parents house telling my mom that she needs to go to them ASAP for some reason. My mother even gave her money for her to have enough money to come back. After a while she didn’t came back on time and my mom found out from the neighbors that my wife was having an affair and letting the guy live in our house as well. Testimony from the neighbors came to my mom day by day. Debts, affair, lies and more. Soon after my mom when back to KSA, she was afraid that once she told it to me I’ll get mad. Then I tried to call my wife’s mobile but the only contact that she left me was unreachable. I did not went home for my vacation instead extended for another year. Then I came back to the house that my mom bought for us. I spent my Christmas and New year there. After 3 months I come to think of that all what I heard was all just from the mouth of several people, that made me decide to go to my wife’s parents house. We I went there my wife was not on that house instead her mother told me to come back the next day. Then I came back, and there i found my wife. I didn’t even bother to ask what had happened from the past instead I ask her if we can still start all over again. I slept with her that night but she confessed to me that she have someone else. I told her that I have to go but she stopped me. Maybe for our daughter’s sake, i didn’t even bother to ask again. I stayed there for several months, eating my pride to save my family relationship. Then a tragedy occur one day on the neighbors and her mother panic, she ask her daughter to tell me to have a church wedding urgently. At the same day we went to the church without any witness from my side of family. Only his brother attended and the people from the mass who witness the church wedding. I went back to Saudi Arabia and had a huge fight with my family, thinking that they don’t understand me. After a few months history repeated itself. I can not contact my wife whenever I wanted to. Most of the time her mobile was closed. She don’t come home for about 3 days and left our daughter in her parents. I am sending money regularly for their needs but I found out that she was telling her parents that I wasn’t sending anymore. She told me that she want to study culinary arts, so I sent her tuition fees. But I also found out that she never went to school instead to her friend’s houses only. Then she sent me an email when everything was out of hand stating that she wanted a legal separation and asking me money amounting 500K pesos. Because I already knew that she was having an affair again, I said okay I will set you free but I did not gave her any money anymore. I tried to hide sending money to her sister for my daughter but she found out and started a war against me. She told me not to send anymore money and never to see my daughter again (detailed story will just prolong this statement). So to short this up, I am now separated from her illegally and still here in Saudi Arabia. The reason I jot this down is to know your point of view as I will mention below:
1. Can my wife charge me abandonment case or any related case to it because I don’t make any connection with them anymore especially to my daughter?
2. I want to file annulment instead of legal separation will my statement above will be enough for the case?
3. What can I do to make my petition hasten and with a good price? How much it may cost me for a fast processing?
4. Does your law firm offer services on handling annulment cases such as mine?
5. Does annulment case can proceed even the petitioner is out of the country?
Greetings everyone, I can get legally divorced in a simple way within months.
Issue: How can I obtain legal divorce, as a Filipino, here in the Philippines with its present laws?
1. I can change my Christian religion to any religion at anytime because No less than Section 5 of the Bill of Rights of the 1987 Constitution declares, thus:
“Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”
2. Since our marriage goes wrong, I can settle with my spouse on the prospect of divorce, its arrangements on our common properties together with custody our child or children.
3. For purposes of divorce, We or I, will convert my religion to Islam so that I can avail divorce as provided under Presidential Decree 1083, which only applies to all Muslim-Filipinos.
4. Under PD 1083, we have 7 grounds for divorce to choose from depending on the situation.
5. After converting, We will Petition for Divorce in a Sharia’h Court pursuant to our settlement or arrangement on our children and properties.
6. Then it is done, WE ARE DIVORCED and we will then convert again to Christian for the purpose of marrying again.
Attorney, my brother’s wife has already lost her interest in being a mother in the house because she is always thinking about her parents and her brothers due to fact that her parents are sick and her wife’s brother brainwashed her that it is better to live with her parents than her husband and child. She sometimes leave her family and go to her parents in the province just to see them. If she in their house with her husband and son, she will not do anything and depend it all to her husband, and that cause quarrel and chaos inside their house. My brother is working and a small business in which his wife is the one who manage it but sometimes it will be closed because his wife has no interest already. Can my brother file an legal separation?
atty,
i was married july 28 2003,but we never lived together as husband and wife and the signature of my parents was also falsified in the contract,would that be grounds of making the marriage void or null?
hi atty.
tanong ko lang po,yung friend ko has 2 kids,pero yung isa we are not sure that it is my friends’ kid. I told my friend na magpa dna testing but we dont know where we could find them here,baka po may idea kayo na mura lang po. Also,if proven that the child is not his,can he file a case of annulment for this?or automatic po na void na ang marriage and di na po magpoprocess in court?Or kung may case po,what would be the grounds?Maraming salamat po. hope to hear your reply the soonest.
hi sir i was what should i do,im married in philippines with a korean guy and now living in korea we havnt got married here in korea.is that means that we doont have records here?or if we have records here and we got divorce here is it valid in philippines pls anwer.thank you
hi im estong 26yo male living in the philippines i was married with my wife for 3years and were currently seperated for a month now were both unhappy ryte now we have a child a boy 3years old,,,were trying to be legaly seperated but i dont know the processing or the needed documents?could you please help me for some advice kindly txt me to my mobile 09238980810 if you dont mind i really appreciate it thank you and godbless.
Atty. Fred,
Ng kinasal po ako walang ceremony na nangyari and wala din pong solemnizing officer, we just signed in a blank marriage contract infront of the Mayor’s secretary. As i’ve remembered that was dated Feb. 16, 1999 and yet when i got the copy of our marriage contract our marriage became March 23, 1999. Could it be a ground for nullity of marriage? We are now separated for more than 8 years and since then we don’t have any communication. We have daughter but he also didn’t communicate with her even in phone and he doesn’t give any support. I didn’t try to communicate with him because i am the one who wanted the separation. Please let me know what is the best thing to do, regarding this matter. Thank you very much!
After the court accepted or granted Recognition of Divorced(US) what documents i will get from National Statistics Office?
Is my final divorce decree and certificate of finality order of my recognition of divorce be accepted as evidence in US Embassy for fiancee visa Application interview?
hi atty!
pano ko kaya malalaman if may warrant of arrest kmi ng wife ko now? Actually, Im a muslim now and married to a muslim too and we have a son.. but before that po married ako sa catholic, kaso nagkaroon kmi ng problema at isa pa parang wla rin nmn akong asawa ko coz pabalik balik xa ng japan as a (gro)kahit anong pigil ko na wag xang umalis ayaw nyang makinig.. magkakaanak sana kmi kaso pinalaglag nya coz importante sa knya ang pagjajapan.. Now nandito n nmn xa sa pinas at cnasabing may warrant of arrest kmi di nya lang alam kung san kmi nakatira pero nlaman nya na bday ng anak ko sa feb. 28 pati lugar so dun daw nya kmi pupuntahan kasama ng mga pulis… Gusto ko man po ipaannul ang marriage namin kaso ho wala pa kming panggastos.. Ano po kaya ang dpat naming gawin? totoo po kaya na may warrant of arrest kmi? naaawa po kc ako sa anak ko first bday nya tpos if ever man na totoo yun bka magkagulo sa party… Marami po kcng pera na yung ex ko eh.. please atty. i need your reply soon.. tnx po!
Hello Atty,
Me and my wife have been married for more than two years now and we have two kids. However, in more than two years of marriage, we’ve only had sex very frequently. I have my needs as a man and my wife is incapable of meeting my specific need in bed.
I am thinking of filing a petition for annulment of our marriage. In line with this, I would like to ask how to prove in court a failure to consummate a marriage. Do we need a certificate from a doctor?
Please advise.
Thank you very much.
Hi Atty,
I’ve been reading your blog for over a week now as I was searching for information regarding annulment in the Philippines. I should first congratulate you on your advocacy on sharing the information to the public on the said topic. It is really great that people in-the-know can share such vital information to those who are kept in the dark. Might I be allowed to inquire on a case of my friend and her problems with the US embassy. Since she’s a native of the Visayas Region. I’ve been tasked to represent her in her dealings with the Veterans Affairs Office and Social Security Admin. of the Embassy. She is filing for her claims as the legal widow of a US Navy Veteran (Fil-am) who passed away sometime in 2007. She has been repeatedly denied by the processing officers of the different departments or branches that apply to her case as the surviving spouse.
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Here is an account of her life story in a nutshell;
* Married with first husband in Guimaras on May 1991 at the age of 25. They begot 2 sons before this marriage
* First husband leaves her in Oct 1991 (a few months after the marriage) to allegedy look for work. Husband never came back. Whereabouts unknown. Which prompts her to go back to her hometown Himamaylan with her boys.
* Meets and falls in love with US Veteran who retired in the Philippines in 1998, thereby plans of marriage was arranged with some legal advice.
.* Marries Veteran in 2005
* She files summary proceedings for declaration of presumptive death in 2005
* Social case study report shows that first husband is alive and well living with another woman and bearing 5 more children.
* Withdraws petition of presumptive death in 2006 and moves to file a petition for annulment of marriage and /or absolute declaration of nullity of marriage.
* US Veteran goes back to US for medical check up in 2006 (it was during the time of 2005 to 2006 when Veteran petition her as an immigrant but was denied)
* US Veteran succumbs to death from health complications in 2007 (But kept waiting for her for a chance to be approved by the embassy for her immigrant petition)
* Final Declaration of absolute nullity (void ab initio) came out in 2008
* Began applying for her claims as surviving spouse in 2008 and was denied.
* Moves for her right to appeal decision for a reconsideration in 2009.
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Of course, there are presumably other indicidents not mentioned in this scenario since I am only basing it on the documents left to me and but the narrative accounts of my friend.
My inquiry is on the reason by which the embassy based their decision of their denial. Which is in Art 40 it says…”that the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
At first, I had thought to agree with their decision. But ater reading ang analyzing the situation, I had come to suppose that the Articles 41 and 42 of the Family code is more applicable to their case. Kindly correct my theories:
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1. That article 40 states some kind of a regulation and not the explanation to my friends situation.(Just like saying…before you can build a house, you should complete a 4 year course in architecture. But what if I completed the course in three years since my school was tri-mestral?)
2. That article 41 begins with…that a marriage contracted by any person during subsistence of a previous marriage shall be null and void, (is a paraphrase of Art 40 being it’s conclusion, thus Art 40 is summarized in article 41. But it goes on to say that…)unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under Article 41, the spouse present should file a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
3. That her filing of the presumptive death (spec proc no 429) was satisfied in Art 41.
4. That Art 42 continues to say that…The subsequent marriage shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.
(The social welfare officer reported that first husband was alive and well with a new wife and 5 children. Thereby prompting her to withdraw her petition for presumptive death and move to file for annulment based on art. 36 (psychological incapacity and abandonment in art. 68. Thus final declaration of nullity – void ab initio was declared thereafter)
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
(That there was no move by the first husband to record an affidavit of reappearance at the local civil registry)
5. That all the burden of proof required by Articles 41 and 42 were met and satisfied by the petitioner in the legal sense.
6. That therefore, Article 40 is not applicable to her case and thus should not be the basis of their denial. If anything, Article 40 is already precluded in the openining statement of Article 41 as a paraphrased conclusion and meaning the same thing.
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Of course again, I am only perceiving this through my logic but since I am not schooled with law, I would like to know of your legal opinions on this. This will help us decide whether to accept the embassy’s strong belief in their decision or to resiliently pursue this matter based on our simple yet logical understanding of the interpretation of the Family Code.
I thank you in advance.
Good day atty,
I am planning to file for an annulment next week. I got married for the wrong reasons and I was forced to marry my husband. We are not living together since we got married sept 2007. We never had sexual contact since the day we got married because I could not do it for I don’t love him and I am a bisexual. He agreed to file the annulment but I am thinking of a valid reason yet. I just don’t want to spend for nothing. I want to make sure because since I married him, I have lived a miserable life, I want to be happy again but that does not mean I have the intention to get married to another. I would really appreciate if you could reply. Thank you.
hello atty,
been married for 2 years na then my husband decided a maghiwalay na kami since wala na daw cyang love na nararamdaman sa akin ano po mga mga rights ko? then last year nalaman ko na nagpakasal cya sa huwes dun sa babaeng nabuntis nya…can i sue them? pero and2 po kami sa ibang bansa…we got married sa pinas sa huwes din so with the other girl…ano po ba ang pwede kong gawin?
thanks & more power po…
Hi Atty Fred, I would like to ask if a husband could file nullity of marriage if the wife had a baby with another man and she is outside Philippines. Thank you in advance for your reply.
attorney ask ku lng kung void po b ang marriage kung considred itong rush marraige?? kc po wala pong posting s city hall un marriage namin..kung baga eh within 1 day lng po naprocess although may mga witnesses pong dumating and nakaregister n po s nso un marriage na naganap..tnx
dear atty. fred,
i am charina married for 15 yrs, but not happily i’ve read your article and found out that my husband is having a psychological incapacity, i just want to make sure to strenghten my case incase i file it… its been a long time i’ve been suffering from emotional distress from him… and i think it’s been time to end things between us… where can i get a free legal advice for emotionally battered wife?
thank you…
Good afternoon … i’m marreid to american.. i’m not supported goood. if my husband is here in Philippines he didnt gave me money.. he just stay here Phils for two months only and go back to Phils.. while my husband in america i was tempted to a filipinoy guy and we have affair.. when my husband come he heard from our neighbor that i have other guy. i admit to him.. now my husband file a annulment without my consent…i just heard to my friend that he put in newspaper..
my questions is can i have the right for our property .. eventhought i sign quitclaim in our property. coz i’m scared that he will put me in jail… it bordered so much….
waiting your reply.. thank you…
Dear Atty. Fred,
I would like to ask about my case. I married my husband last April 5, 1995, I was his second wife. That time I didn’t know about our laws because it so happened that he only got a divorce papers from his first marriage dated 1985 so I taught it was okay and good as legal. He married his first wife last June 20, 1983 and his wife went to America July 10, 1983 and became an American citizen.His wife send a divorce papers last 1985 of which my husband signed and his wife send the copy of dissolution of marriage from the court of law in the US. They don’t have a communication for 24 years and his wife already have a famiy in the US. I cannot process the papers of my children because our marriage is not registered in NSO, the one registered is his first marriage. Please help me what to do to cancel his first marriage and legalize ours. We got married by civil ceremony. His ex-wife is no longer live in Philippines. Please advise me what to do. Will I spend a lot of money for this? how much?
Sincerely yours,
Mary Rose Reyes
good afternoon… when can i have my reply? in my inquieries? thank you so much…. God bless…..
Hi i married to US citizen january 2007 here in phil. caloocan city but after a months of our wedding things are change and no cominacation until now..i want to move on and freedom so iwant to file annulment but unfortunately dnt know how and where to start..and how much the coz of anulment? hope u help me to recomend a lawyer
i think i post my question in wrong page
“hi atty…your site was really helpful..may gusto lang po akong itanong, my bf is married and he filed an annulment, but her wife doesn’t want to cooperate, what happen to the annulment, does the case will be dismissed?pls help..tnx”
Hi Atty.
I am 30 years old and I have a 12 year old son. My marriage with my ex husband was confusing for me. Our marriage was just a fix marriage, it was non appearance, because the date of the marriage was November 21, 1996. He was in Japan that time and I am here in the Philippines. His brother was working in City Hall that time so his brother has connections to settle the marriage. But we do filled up the form and have it signed. I sent him the papers and after he filled up and signed, he sent back to me the papers. I was also 17 that time and they changed my year of birth in the marriage contract. But after I gave birth, we never had communications and he never showed up until now. Is it consider not valid? Can I use my maiden name and declare my status as single? I made an affidavit stating what I have written to you.
Thank you and hope I can get a reply from you..
hi atty, gud day.
ask ko lang po 11 years na akong hiwalay sa mister ko wen i was 18 years old nagpakasal kami but wen i was pregnant 3mos. umalis ako i mean humiwalay ako for some reason. meron pa po bang bisa ung kasal namin? since nung naghiwalay kami no communication even phisically contact. inabandoned nya po kami! pwd pa po ba me magpakasal ulit after 11 years ng hiwalay? thanks pleasing ur reply
when i was 17 years old i got my gf pregnant and they force me to marry her. They threaten my family that if i will not marry her they will make scandal. So we got married in a church with her mom as her witness and my classmate as my witness. then during my 18th birthday they registered our marriage in civil registry in our municipality. we never had a good relationship we always fight. until we decided to separate. for more than seven years now. now im planning to marry my girlfriend and i went to NSO to get a certificate of singleness but to my surprise i got a marriage contract. thats the only time that i learned that our marriage is registered and they put my 18th bday as the date of our marriage and all the witnesses that have signed on the contract are all her friends i never knew about it until that time in NSO. Is my marriage valid? is it automatically nulled since it fall on one of the grounds? or do i have to file a petition? if my marriage will be nulled? how about my childreN? do they still use my surname or they will use their mother’s name? thanks hope to hear from you soon. and more power
i would like to ask if i can file a divorce at the USA as we know that theres no divorce in the phil.ive been separated with my husband coz im working here in hk and he doesnt want to leave our house.i dont want to see him anymore and i fall out of love long time ago already.hes jobless and just stays home with my children.its hard for me to be a single parent.I dont want to see him anymore when i get home so pls help me
Hi Atty,
Hello and good day…..I got married with a British guy last 2000 in philippines and we got one son.we only been together for two years in dubai and then me and my son went back to the philippines and since then i havent heard anything from him,he dont even support our son.And now that i found somebody that i want to be with,Its been 7 years now that i lost contact with him and later my son receive a letter from his grandmother telling that hes father got a new family now.Is there any chance that i could remarry again? He didnt even apply for a divorce…what should i do? what are the things have to be done in order to be re-married…..
Gud day Atty!
I would like to ask for your advice regarding the issue of my current boyfriend. To start with, he is married with 4 kids to his wife 14 years now. He decided to file an annulment because he caught his wife that she has another man. But according to the lawyer that my boyfriend spoke to, the evidence he got will not be accepted in the court because it was only a text message from the other guy to his wife. We are both here abroad and I am supporting him in all he wants to do regarding the filed annulment. I just wanted to know if how long it will take to grant his annulment if the case is like his that he has 4 kids and they were okay before but all of a sudden he wanted an annulment.
Gud day Atty!
I would like to ask for your advice regarding the issue of my current boyfriend. To start with, he is married with 4 kids to his wife 14 years now. He decided to file an annulment because he caught his wife that she has another man. But according to the lawyer that my boyfriend spoke to, the evidence he got will not be accepted in the court because it was only a text message from the other guy to his wife. We are both here abroad and I am supporting him in all he wants to do regarding the filed annulment. I just wanted to know if how long it will take to grant his annulment if the case is like his that he has 4 kids and they were okay before but all of a sudden he wanted an annulment.
Thanks in advance and looking forward to hear from you..
I am planning to file an annulment case against my wife who left me for under 5 years now and already living abroad. We have no communication so I don’t know if she is already a citizen in the country where she is now. In what grounds this might be and how long will it takes for the proccedings of this case. We don’t have a child and I am not interested about the conjugal properties and I know she also thinks the same because she is more wealtier than me.
My previous wife was married to a german citizen in the Philippines and in Germany as well. When getting married with me “a foreigner” in the Philippines, she did not have the legal capacity documents required but after using some of her friends in a city hall, she was re-married to me in the Philippines where she indicated her nationality as filipina and her status as being single. Now she claims having German divorce papers from her previous husband, was she authorized to get re-maried to me or not ? I do believe she took the German nationality, Thanks for your help.
Good day to you sir.My concern is regarding my friend’s situation.He got separated from his wife almost 11 years ago and filed for an annullment before as advised for grounds of adultery that his wife got pregnant from another man,during the time that he was working as a stay-in private health carer and had to go home only during his days off and that is twice in a week.But as a good Christian, my friend withdrawn his filing of the case for concerns about his son’s sake to put his ex-wife in a compromised situation (as she was already pregnant during his filing of the case by another man) and the request of the wife’s family for a negative reputation on their side for political reason.Many years passed and my friend never communicated with the wife and the next thing he knew is having kids from different men.Now that my friend has found somebody he wants to marry and spend the rest of his life as he consulted me about it.But I am not in the position to advised anything but all I can say is to pursue his filing of the case against the wife he didnt even see for almost 11 years now.My question sir are:CAN MY FRIEND FILE FOR AN ANNULLMENT ON THIS MATTER?(before he got married to this wife,she was into vices of alcoholism and drug addiction but still pursued to marry her of considering she might change);she committed adultery during the time they were together;haven’t seen or communicated personally for almost 11 years now.WOULD IT BE A CONVENIENT TIME FOR MY FRIEND TO FILE AND THEN MARRY THIS GIRLFRIEND THE SOONIEST THE BETTER AS THEY CAN?HOPE TO GET YOUR REPLY ONTO THIS ADDRESS veezzee2000@yahoo.com.THANK YOU VERY MUCH SIR
Good day sir,
as being mentioned on your grounds for annulment….
(Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).
this is the case sir…ung bf ko po ngayon ay ikinasal sa ibang babae 6 years ago. Sabi po nya sakin pinapirma lang daw po sila ng mother nung girl sa mariage contract sa isang bahay na inuupahan nila. wala pong solemnizing offcer, mga witness at wala ding ceremony na naganap. ang sabi lang daw nung nanay nung girl eh mag sign na lang sila at sya na ang bahala mag ayos sa municipyo sa min. accidentaly un pong mother nung girl ay nag wowork sa city hall sa lugar namin under mayors office po. SAbi dinpo ng bf ko nagpagawa naman daw sila ng marriage licence un nga lang wala daw talaga ceremony na naganap at wala din talagang solemnizing officer na nagkasal sa kanila. nag check po kami sa NSO nakarecord na po doon ung kasal nila. Gusto po namin malaman kung, ung kasal po ba na iyon ay legal…kasama po ba ito sa mga cases ng walang solemnizing officer.if null and void po ito need pa ba nya mag file sa court?actually po kami po talaga ang unang nagsama may anak na po kami nung dumating ung girl..parang lumalabas po na napikot po sya. please help me po..
here’s my e-mail address lanceivan2000@yahoo.com
sana po matulungan nyo po ako.
GOD bless and more power.
Dear Atty Fred,
I would like to seek your assistance if i can file a petition to nullify my marriage.
In 2002 my wife and I started to live as husband and wife afetr 3 years 2005 my wife got pregnant so we decided to got married a week before she deliver our baby without the parental consents of our families, i was then 25 and she was 23 though we have witnesses during the course of our civil marriage, from there she still use her maiden name because our marriage is secret from both parties though she was declared as my wife in my legal documents and company records, but me was not. later 2007 I feel that my wife become unfaithful. in 2008 someone text me that my wife was having an affair. i compront her about that issue
and she said that was her close friend in May 19,2009 someone texted me again by anonymous number that my wife is having another affair. so again i compronted her and she still deny it. During our conversation I ask the first issue and she admitted that they become close but the other one denies it.
During the start of the year she never care for me and to my son most of the months my wife abondoned us meaning most of the days she’s not staying with our side and she always lie to me and i only found out when i ask her collegues. with this issue i compronted here again together with our friends from there she told me that she never loved me she’s stay because of my son.
Can i file a petion with my grounds below.
1. Sexual infidelity – with witness
2. abondonement
3. habitual lying
4. never using my surname –
honestly need a reply,
i want to get away with the hassle of annulment. would converting to Islam directly divorce me from my christian ex-husband?(separated for 5 years) Considering the fact that i would actully convert to Islam to marry my muslim boyfriend.
Hello,
I want to know if i can file an annulment coz we dont have peace anymore in our family.
Goodday Atty,
Need help on my situation, I was merried last january 2004, im a holland citizen and my husband got philippine nationality, but it didnt work well..last i saw him was january 2004 too..when i came back to holland i registered my marriage with him here in holland..but time pass it really didnt work..so i filed for a divorce here in holland and its granted..we now are divorce here in holland but my question is, is our divorce here in holland also applies in philippines? we didnt see 5 years now since we get married. as i read the family code #26..does it apply to my situation? pls contact me..i really need some help…thank you
heres my email.. sarap_buhay_girl@yahoo.com
good day to all,it would be helpful if anyone in legal position gives us some answers to our concerns,thank you very much
veezzee2000 Jun 1st, 2009 at 9:04 pm
Good day to you sir.My concern is regarding my friend’s situation.He got separated from his wife almost 11 years ago and filed for an annullment before as advised for grounds of adultery that his wife got pregnant from another man,during the time that he was working as a stay-in private health carer and had to go home only during his days off and that is twice in a week.But as a good Christian, my friend withdrawn his filing of the case for concerns about his son’s sake to put his ex-wife in a compromised situation (as she was already pregnant during his filing of the case by another man) and the request of the wife’s family for a negative reputation on their side for political reason.Many years passed and my friend never communicated with the wife and the next thing he knew is having kids from different men.Now that my friend has found somebody he wants to marry and spend the rest of his life as he consulted me about it.But I am not in the position to advised anything but all I can say is to pursue his filing of the case against the wife he didnt even see for almost 11 years now.My question sir are:CAN MY FRIEND FILE FOR AN ANNULLMENT ON THIS MATTER?(before he got married to this wife,she was into vices of alcoholism and drug addiction but still pursued to marry her of considering she might change);she committed adultery during the time they were together;haven’t seen or communicated personally for almost 11 years now.WOULD IT BE A CONVENIENT TIME FOR MY FRIEND TO FILE AND THEN MARRY THIS GIRLFRIEND THE SOONIEST THE BETTER AS THEY CAN?HOPE TO GET YOUR REPLY ONTO THIS ADDRESS veezzee2000@yahoo.com.THANK YOU VERY MUCH SIR
hello po..magtatanong po sana ko about my situation..
i am 19 of age po ng ikasal sko sa isang american citizen,and isa po akong filipina.dito po kami kinasal sa pinas..and meron po siyang unang asawa na pinay din po at dito din sila kinasal sa pinas,pero galing po sa US ung divorce nila and inallow naman ng US embassy yon at binigyan sya ng capacity to get married at tinagap din sa quezon city hall na pinagkasalan namen at may cert.of married na po kami sa NSO.pero nung mabasa ko yung mga nandito sa website nato nabothered po ako kasi base po sa mga nababasa dito,parang lumalabas po na void po ang marriage namen dahil iba po ang law dito at katulad ng nabasa ko,hindi po kinikilala ang divorce ng US,kundi yung annulment lang po
e di naman po sya annul dito sa pinas sa dati nyang asawa,sa states nya lang po kinuha divorce nila…ano po,void po ba yung marriage namen pagganon??,and kung sakaling void nga po,,gano naman po katagal ang process non kapag ipinile ko yung void na yon??,,pls pakitulungan naman po ako wala kasi kong alam sa mga batas dito sa aten and im only 20 pa lang po,1year married pa lang po ako..
Just want to know if my our marriage is valid. We got married in 2000 at Manila City Hall by a Bishop without a Marriage License. After 3 months when we tried to secure a copy of our MC from NSO we found out that there was none so we contacted the person who introduced us to the Bishop. We had to go to the province where they registered our wedding and was told the Bishop nor the Church were non-existent so we reported to NSO. We found out said Bishop was not authorized to solemnize weddings and that the details on our Marriage Contract were not accurate/non-existent (e.g. different place of marriage, different addresses and a lot of other discrepancies) and has too many discrepancies.
Do we need to file for Declaration of Nullity or is it still valid given the fact that 1. Bishop wasn’t an authorized solemnizing officer and 2. No Marriage License or do we just let it be?
Hi Atty,
My wife and i (or for most part probably just me) has been struggling to save this marriage, for about 2mos now. We’ve been married for 14yrs and have 3 lovely kids. It all started when i found out she’s having an affair with an ex from college. At first she refused to admit that there’s something going on. But eventually, due to my persistence in gathering evidence (no matter how painful it was) i was able to put her on a spot wherein she cant deny it anymore. We made peace, or so i believe, but just recently i found something again which makes me believe she’s doing it again with that man (physical evidence from her clothes)
I’ve suffered so much already and I want out of this marriage , to save little dignity i have left. Honestly i want to teach them both a lesson. I understand that adultery carries a max of 6yrs imprisonment. Apart from physical evidences gathered, i’ve also documented the events in chronological order she also admitted to having sex with the man a couple of times already since this happened.
Like most of the forumers here i want to have custody of my kids…She’s always been an absentee mom and she’s admitted to that countless times already. People close to me and her could attest to that.
1. Is adultery considered a criminal or civil case?
2. Shall i file for an adultery case as basis for legal separation first or annulment???
3. Is there any chance their sentence would be commuted since this is their first criminal offense if found guilty?
4. If they go prison even for say just 1yr would the court grant me permanent custody of our kids?
Sorry if i have so many questions. I just want to make sure i everthing is clear to me before i do this, i’m not a wealthy man, just an average joe working regular hours looking for justice.
Thanks and Godbless you,
Robert
rtugado@yahoo.com
Hi atty,
I was 18 yrs old then when i met my partner, it was in the year 2001, he told me he had a previous marriage but not yet filed for annulment, so we were staying together even though his still not annulled. what happen here is that i got pregnant with him last 2006 and then on the year 2007 i decided to go here in Singapore to work. luckily on the year 2008 I ask them to come here with me in Singapore and stay here for good. What i did is we file marriage here in Singapore even though his marriage in the Philippines not yet legally annulled.
My Question is if we change our nationality to Singaporean Citizen, thus his previous wife can still file for criminal case against him?
hi gud aftern…. im new here in you site… just want to ask some question…. im married at the age of 20 and my wife is 21 at that time. we decided to marry in just 1 week after our parents knew that she pregnant. due to lack of preparation and some incompatibility we always having problem resultinf to a fight. but we never get physical. now we are separated for almost a year and she has our daughter whos right now is 3 1/2 years of age. since we separated i gave her 30% of my salary plus some of grocery and now im the one spending including my daughter school tuition and expenses… we both involve in third party.. and my problem right now is she wont allows me and my daughter to see each other and she dont want me to go to her house to see daughter… as a result i dont gave her money for expenses also…. could you plz advice me what should i do…. im considering already to go to legal to put in papers… thanks
Hi Attorney,
I’ve been married for almost 21 years now and my problem started 11 years ago when my wife have an affair with another man and the worst thing they had a child which is in my custody up to now. I’ve only learned her infidelity when the child was born, I still tried to make our marriage work for the sake of our young children then, but it seems the more I tried the more I couldn’t bear the situation. Will it still be a ground for an annulment even though it took me 11 years before I decided to apply for it? For now I am out of the country and I am looking for legal advice if my grounds is reasonable and what will be my next move. I need someone who can I seek professional advice for the procedure on how to apply for annulment and the total cost I will incur during the process and for how long will it take for the annulment.
Thank you very much and I will await for your reply.
atty,
nadiscover ko na may second marriage ang asawa ko, tapos pinaannul nila ito pra di ko sila kasuhan, pumayag ako na di na magsampa ng kaso dahil ipapaannull daw nila ito, nagkaron ng court decision na null and void na yung marriage nilang dalawa. nagkahiwalay sila, tapos binalikan ulit ng asawa ko yung babae at nagsama ulit sila. yung babae kahit nagkaron ng court decision ay di parin nagpalit ng pangalan nya at patuloy nya pa din ginamit ang pangalan ng asawa ko hanggan sa nadiscover ko ito, na binalewala nya yun court decision. di rin pla sila nagfile ng certifiacte of finality after nagkaron ng court decision on their annulment. pwede ko pa bang kasuhan sila dahil niloko nila ako na ipapaannul nila pra di sila makulong pro sila pa din ang magkasama ngayon at nagtatago na sa akin.
hi atty fred,
Good day! I need an advice regarding on my problem. I was married March 15, 2007, 2years ago to my husband.And on April 6, 2009 he left me and didn’t come home, so i decided to find him in his work yet they tell me they don’t see my husband often in his duty.So i decided to get some information on where I can find him. They give me the address on another house and from there, I found his daughter who was 18yrs old and his first wife. I found out he is married with his first wife.And I never thought I was the second. I’ve been into fraud because I really don’t know that he had a family before our marriage. He hides it. It hurts me but have to pretend I’m fine. It’s almost 4months that I don’t see him till I discover his secrets. We have no communications at all. He forgot to support our 2yrold son financially for his needs. I want to file for annulment coz I don’t want to be the second wife or else her wife file me a case of adultery. I don’t want it to happen because I’m innocent of my husband’s foolishness.Now how can I bring back my status because my husband presence is absent. In this situation, What will I do to make my marriage totally void? And I can start a new life ahead?
hi good day sir,
i just want to ask few questions for annulment, i got pregnant when i was 19 and just because of fear na hindi ko kayanin maitaguyod ang pag papalaki sa anak ko mag isa i was convince na pakasalan yung guy kahit na sa kalooban ko ay hindi ko talaga gusto.so after i gave birth dated april 7 1996 nagpatawag ng pastor para ipakasal kami sa mismong hospital dated april 10 1996 and the point na i just gave birth and naka 2 dose ako ng anesthesia kasi CS yung naging panganganak ko and medyo emotional ako dahil yta sa post natal depression ko kaya naconvince din nila me kagad magpakasal.but after 1 yr that ive tried to accept the marriage hindi ko talaga nararamdaman na kaya ko i spent life ko with him.so after 1yr or 2 i decided na makipag hiwalay na my child is now 10 yrs old and im 29.magiging madali lang po ba ang process ng annulment ko if mag file ako next yr kasi pinag iipunan ko pa po mga posible na gastusin,and ganu po katagal kadalasan bago maibaba yung annulment and if pwede pa po ba ako makapag pakasal? thank you so much po
maraming salamat po
dear atty,
my girlfriend was married in the Philippines with a Japanese guy. They secure a divorce in Japan. Is it valid in the Philippines? Do my girlfriend have the capacity to remarry?
This will really help for the two of us and also for the others as well. Hope to hear from you soon.
More power to all of you! GOD bless us! GOD bless Philippines!
hi Atty Fred,
just want to open my problem with you for some advice.
im having my second baby with my guy in nine months time, we both know that he’s married, they just separated few months ago, probably last february 2009, with this, the guy and i decided to live together, but how? they do not have a biological child instead they adopt one, three years ago. hope you can give me some advice regarding this problem of mine.. what would be the possible case if his wife want to file in court. what if i found out also if their adoption underwent without legal permits of the court?
thanks & more power!
Hi,
I met my husband here in the U.S. However, he was married first in the Philippines, he had a civil wedding in 1998 and a catholic church wedding in 2003. He filed an annulment to his ex-wife in 2005. With this, is it still possible for us to get married in the Philippines- catholic church wedding too?
Jenny
Hi,
I just want to know how many years should it take before someone get married again after the annulment.
hi,can u help me if what i need to do cause i want to file a annulment.Im coming 6yrs separated in my wife because while we live together before i didn’t know that she start dating in other guy and she had 2 kids in that man now.could u help me please we have 2 kids also i still support them.please reply me thank you so much
i know this is something confusing for everybody who will be reading this so i’ll put it this way.
A – husband
C – wife; an ex-girlfriend for 7years
E – husband has a child with this woman; workmate and unofficial girlfriend for few months, say 6months
M – boyfriend of E
here we go.
Dec 2008 – E and A were living on a same apartment and now E was pregnant to A. At first, E wasnt so grateful to have a child to this man bec she’s still engaged with her boyfriend for 5years. So E had to break up with M on March 2009. Prior to this, A was so intimated with the fact that E still loves M and was thinking that E is just making him believe that she wants him. A was thinking that E is just living with him becauseof the child. On May 2009, A left the apartment and didnt show up for a week. E had been constantly making a neffort to talk to a via calls, sms and emails. A promsied that he’d comback but this show up only after 3months, August 2009. While A is away, C had befriended E so as to get information about her relationship with A. In deep pain, E was saying (thru sms) to C that she doesnt want A and E regrets to have A in her life. Now, C was showing those messages to A making A angry to E but still not talking to E. Still in May, A texted E that he was to marry another woman who was pregnant to him as well prior to E’s pregnancy and that same day A had to attend their marriage. E wasnt aware that this one is just a bluff but for her A wouldnt really do that to her. To sum it up, C triggered the anger of A to E though A loves E so much. It is C who planned for the ghost marriage (didnt really happened) so that E would no longer be persisten tabout A. A and E didnt talk from then on. After sometime in July 2009, C asked A to marry her so that E wouldnt get anything from A just in case the baby will be born. C was so bitter because A dropped her before and she couldnt win him back. A, who was so upset with E, accepted the idea of marrying C since C was so persistent to have A. The marriage was just an arranged marriage in the Manila City Hall. When they arrived there, They just signed for something and then paid someone whom we can call a fixer. Now in August 2009, A and E met again and they reconciled. E didnt know anything only after a week when C, who is in a foreign country now, told E that she’s married to A. A told E that he didnt want the marriage. It’s just that he lost hope that E will comeback to her. Can A file for fraud and have this nullified? Or is it voidable? Cause A wanted to marry E.
Hope this one will be given an attention. It will be much appreciated. Thank you.
Attorney,
Can a marriage be annulled on the grounds that a witness signed the marriage document at the age of 17 and the other at the age of 19? Though it was 10 years ago. Is there also a prescription period where in I can still file for annulment based on the facts above? By the way I was 24 and wife is 22 at that time. I think one more ground is that I was talked-into by my father-in-law to get schedule a marriage, but in the spurt of the moment we had our marriage the following without thinking through enough. Would that constitute a mental incapability at that time?
Greatly appreciate for your time in answering my questions.
Dear Atty.,
I would like to ask about my situation.. is it possible for my wife to file an annulment and get it fulfilled int the court even if i am against it or I am not signing any papers for the matter? her parents are against our me, and are doing everything to tear us apart. she was 18 when we got married but we both had our parent consent and both were present during the marriage. my wife just told me that her parents will start filing the annulment case soon. i don’t want to lose this marriage, both of us don’t want to, its just that her parents are controlling her life. we have been only separated for 5 months now, thanks to her parents. what can i do to stop or prolong the period of the annulment case? could they do things under the table by influencing the outcome with money? could it be done even with out summoning me to the court?
thanks
Dear Atty,
I am a Dutch man who married in the Philippines with a Filipina on March 18, 2008. It is a legal marriage and it is also listed in my own Country, The Netherlands, Europe. In September 2009 i found out that my wife commited adultery and that she is working as a bar girl. The relationship she had is over, the man called me after he found out of the status of my wife, he told me he ended this relationship. I have e-mail proof between my wife and this man. I thought first to file a case against her for her adultery, but i forgive her. I send every month money to support her, but after i found out of her secrest life i stop sending her money.
I have no plans to get a divorce or annulment, cuz i will not agree for signing the papers, cuz to parties must sign for a agrement.
In case of annulment, if she want to file a annulment on the basis of abandonment, cuz i don’t support her with money also her unwillingness to join me in my country, so we live seperate.
I know the the rules about the annulment, but how about in the case of abondoment of financial supporting. In my case my wife commited adultery and she is to blame to put our marriage in danger, also she break her promisses before God, so what is your advice to me.
Dear Atty,
I just want to ask which is the best thing for me to do. i got married last feb 2004. on aug 2005 i went overseas for 2 yrs. only to find out that my wife had an affair with another man not a yr after i left. i have no photos nor recordings to prove that their affair was true. The only proof i have is the statements not only from my family but from all of our neighbors who witnessed about their relationship. They told me when i went back to Manila that there was something going on between the two of them. My question is: are those statements enough for me to be able to file legal separation or annulment?
I hope you can reply to this matter…thank you so much and more power
i’ve read the post by “t100”, sa Manila City hall din kami ng wife ko kinasal. and it cost me less than 2000 pesos. kumuha ako ng copy sa nso ng certificate of marriage namin. and may copy naman cla dun with registry number. my question is, how will i know na legal talaga ung kasal ko? i posted earlier my first question regarding my situation.
i’ll be hoping for a response from you sir.thank you so much
Dear atty,
I have been separated from my wife for 10 years already. She is in the US and is willing to to sign the paper. Will that speed up the process? Is being separated for 10 years enough grounds annulment? Is it possible to legally separate even if she is in the States? At present, she cannot go home as she is waiting for her citizenship approval.
Thank you so much,
Israel
Attorney,
I am an American citizen and got married in the Philippines in March of 2004. My wife already had a 5 yr old child then and she was pregnant for 7 months on her second child that I get to know when I came to marry her. I stayed for a month in the Philippines and when I came back to US I immediately filed for her petition likewise for the children. She was able to have her interview at the US Embassy Manila but then the result was not favorable and was referred to Fraud Prevention Unit for further review. Another interview was set but she did not submit herself for the interview and so the processing has never proceeded. There was an On and Off communication after a year and until it was fully stopped. One time I received a txt message from her but when I tried calling the number it is unreachable.
It’s almost 6 years now and I think a plan for divorce will be accepted capacitating both parties to remarry.
MAJD
Attorney,
This is in connection to the concern previously submitted. With this, I would like to know if our marriage is already considered null and void. If I will file a divorce, what will then be the step to proceed in the Philippines? Will it be a lawyer (US) and lawyer (Phils) channeling of communication? I’ve been trying to call her but the number that I know is no longer active. I am really seeking some advice for I would like to remarry here. How will I be able to proceed if I don’t know where she is located.
I hope that this will be resolved the soonest possible time and looking forward for your immediate response. Your assistance on this matter is highly appreciated.
MAJD
Dear Atty.,
I and my ex-boyfriend got a son but we didn’t yet married because I’m under age so both parties and other officials agreed that if i finished my studies then we can get married so they made a black and white papers for us and we live in for 9 years.Is this black and white papers is valid? Are we considered a husband and wife for the expand of that years we’re been partners? Now I finished my studies unfortunately he married to another woman without knowing me. Can i used that black and white documents as evidence that i will claim any support to my child to his father?
dear Sir;I`m seeking advice from your good office regarding with my marital problem.this is my case,year 1996 I married an arab nationality in the Philippines and we have a child,when my brother-in-law visited he told me that that my husband just had a new born child just 3mos after I gave birth.I confirmed about that but because I was young and coward and afraid to lose him so I remain silent and didn`t confront him.year 1998 he lose his student visa so he needed to go back in his country.since then our communication were lost.I tried to contact him thru phone and letters but to no reply,until their tel# went cut.I also tried asking his brother for help,especially with financial problem,but he refused and didn`t entertain my calls anymore.I once visited the OMA office and asked the same person who conducted our marriage for help,but he only told me that our marriage will be automatically dissolved under muslim law.I didn`t apply for divorce or whatsoever during that time,believing that my husband will oneday contact us or come back in the philippines for us,but it never happened.year 2001 I decided to go and find a job abroad,only to find out that my real first name is diff.from what I`ve been using since childhood.2002 I met a man and we married,using my name on my passport,I was able to secure a CENOMAR from the NSO.my problem is w/ my child in the Philippines,I want her to come and live w/ me here abroad.her surname is from her father and her mother`s first name is diff.DSWD is asking for a non marriage certificate from her father.I`d requested a marriage certificate from my first husband just to check its status and I acquired one.please give me advice.thanks in advance.more power!
i was being sued by my husband for an adultery case, i just finished the case resulting to my conviction. i am serving my probation now.
i would like to ask if my marriage have a chance to be nulled. i am planning to file for an annulement and i would be the one who is psyschologically incapacitated base on the test results. would the freedom i want would be possible? what is the chance that i could get?
Dear atty. Fred
I just want to seek an advice regarding my situation.i been seperated for 12 years and i dont have a problem with my ex,now im happily working in abroad and meet a guy who has a family in the philippines, he gives all the support financially to his kids but the problem is he want to have a legal seperation with the mother of the kids. will he able to file for this? what if the mother of the kids dont agree? what is the next move he can do? il be happy to here any advice from you atty. we are planning to go home and seek a legal advice regarding this. thank you hope to hear a response immediately.
Dear Atty,
I have been separated with my husband for 2 years and a half because i was physical abuse by him and the day we got separated he never give any financial support to our child because he go back to studies. That’s why I ask for the barangay to have a written agreement that he must give a financial support to his child at the time he got his job after he graduated. Now, I’m planning to file for an annulment. I just wanna know what are the steps for filling an annulment, how long does it take to void our married? and if it is possible to annulled our married? Thank you
Hello Atty Fred. I am a foreigner and was married to a Filipina in Manila. The marriage was a hoax since I found out the only intent of the marriage was to “go to America”. The marriage was never consummated and the Filipina disappeared shortly after. I was granted a divorce in the US about a year after the disappearance. The divorce was correctly processed with attempted service in Manila (without success since she disappeared) and with publication both in Manila and the US. My question is, am I now free to remarry in the Philippines and the US? Do I have to file the US divorce decree in the Philippines? If so, where and how. Thanks, Atty
Attorney Fred,
I was separated for 10yrs. but I don’t have legal papers.
As of now, i was planning to get married again to a foreigner.
According to your article if a spouse was separated for years, they can ask the court for a “declaration of presumptive death of the absent spouse”, were in i can petition to re-marry.
Is the “declaration of presumptive death of the “absent spouse”” would be enough?., so i can leave the country and to get married again ?
Dear Attorney..
I would like to ask.if the principal witness that was stated in the marriage certificate is not the actual witness who signed the contract..is it still valid. I mean, another person has signed on behalf of the principal witness, without mentioning the word “for” after signing on a different name.thanks in advance
hi… i would just like to inquire if a marriage can be considered null and void if it was solemnized by a Christian Pastor but the wedded couple are both Catholic? If so, is there a need to file for an annulment? another thing, if a the marriage certificate was not registered, meaning no records are found for the said ceremony both at NSO and city hall, is the marriage still valid? Please advise. Thanks for your response in advise…
Atty.
just want to know.. if i dont have a child but we have properties that we both together and its in our name.. and we want to get an annulment.. do i get any from my husband ? plss help
hi Atty. Fred,
I’m new in here..I want ask what case should I file if my husband has another women they are all having a baby..he’s a American live in Philippines..
please reply thanks
atty fred,
my cousin was married at the young age of 20 to an 18 y/o girl.. it was consented by my aunt and the girl’s parent, too. they were together for 3 years and had a son.
after they separated the girl met somebody and had a son thru that relationship. after a year my cousin found somebody else and was in that relationship for 8 years and had 1 child, they are now also separated, and shares custody of the child.
technically, my cousin and his legal wife has now been separated for 12 to 13 years, they have been out of touch for close to 10 years. he is now 35 and is seeking a nullity declaration of his marriage. can you see any grounds at all for him to pursue the case?
what constitutes a valid search for a presumed dead spouse? what if after the court has granted an OK to a petition in presumptive death, and the wife shows up?
thank u so much and have a wonderful day!
atty,
I would like to ask about my situation. I am presently residing in France. I was married last July 1986 and after I year and up to the present I don’t have any communication with my wife. I would like to get married to a Filipina here in France but then when I got my Certificate of Singleness, there is a marriage contract reflected. I want to marry my girlfriend. Please help me what to do. Thank you very much.
Dear sir,
If ever the mariage is successfully granted by court that the two parties is now annuled… it means that both parties have the right to marry others… am i correct or not? second question, after annulment the two parties realize after a while that they still love each other, can they remarry again? pls send your answer to my email.. thank you so much and more power.. jjm.alegado@yahoo.com
Thanks for sharing such a most use full information. This was I am looking for, thanks again for the link
————————————–
Great Law Group
What happens when you’re legally separated?
Does that mean you can be in a new relationship already?
How about the child custody etc?
Dear Atty. Fred,
Good day!
I will just inquire to you and need more clarifications on what i need to do regarding my situation. I got married last year 1999. After three years marriage we got separated due to some circumstances we can’t be avoided. But, eight years after last 2007 i know and noticed that I am already his Third Wife coz I gone to NSO and try to got CENOMAR for the purpose to know if my husband get to marry to another woman and this is what i received. What I am going to do in order to Cancel the list in Municipal Registrar’s Office my Marriage Contract as well as at NSO? We have already one son and now he used the family name of his father, is this valid Attorney Fred? Please Attorney, i just want your very kind advice regarding my problem now.
Thank you and Have a nice day!
Dear Atty;
I will appreacited it very much if you could send me contact details of lawyers whom can handle my case.
I have decided to file an annulment but I do not know where to start.
Please please help me.
Dear Atty;
It is me again. I have decided to start filing an annulment but I do not know where to begin. I do not have lawyer yet. Please help me.
Thanks so much.
castle
atty fred.
hi atty…this is mj i just wanted to ask if the annulment of marriage will take long time??this is my story i was married with the father of my kids and i thought i was the only one but last year i found out that he is still married with his first wife..it really hurts for me to know i was with him for long time and we were able to have 4 kids and now theyre all grown ups last year my annulment is still going until now my lawyer told me that it will take only 3 months to 6 months but its already one year im losing patience but im still praying hope to get it done this year..i wish..please give me information on how long it will take………thank you very much…GOD BLESS!!!
Dear atty
i would like to inguire about my case. im here in canada im a filipino. i was married in the philippines for a year. the problem is my wife she dont want to come here in canada. our marriage certificate in the philippines i send already to immigration in canada that im married back home. i need your advice can i make an annulment in the philippines? and i want to get married again and the philippines after my annulment done. and how can i apply my second wife here going to canada because my married certificate was aplied here in immigration in canada is my first wife.
James
Good day!
I and my 25y/o suitor want to know if he could file for annulment under the grounds of #4 that the consent of either party was obtained by force, intimidation or undue influence.
There was a Prenuptial Agreement that was only agreed by both parents and his girlfriend then, that as he reaches 18y/o they will get married. He was 16y/o then and the girl was 29y/o, pregnant. He escaped several times just to avoid being married, a lot of his relatives and friends could attest on this, even one of the suitors of his mom. However, his mom was afraid that the family of the girl would use their influence that is why he was begged to show-up. And because he was dependent to his mom for everything and do not want to be his mom’s emotional burden, he was forced to follow and get married.
As of now, he was separated (not legally) from his wife since after a year of their marriage. Not to mention their individual differences, his wife’s dependency to her parents in all aspects even in decision making, and the inferiority treatment of the family of his wife towards him, hence made him unhappy of his marriage. Though he was living separately and yet he keeps open communication and support for his daughter (7y/o), who is living with his wife. His 2y/o son is living with him.
Basing with his situation, could he file an annulment under grounds #4? And what other grounds could apply?
What if the annulment is awarded without the knowledge of the past partner that he had kid with another woman. It was late then when she found out, could his past wife file against him even if they are annulled already?
Between annulment and custody, what would be processed first? or simultaneously?
And lastly, basing on his case, would his annulment would take shorter years like 2yrs. than other cases?
We are hoping that you could give us an idea and advices. Your reply would mean so great and a piece of hope for him knowing that he could be happy again without any threats. Thanks a lot.
God bless!
Ana
Dear Atty,
My friend is already separated from his ex wife 11 yrs. ago. And his ex wife is living with another guy even after they got separated, and have 2 children already.Now my friend wants to get marry but he don’t know if he can remarry again bcoz their marriage is still legal even if they are not having communication for long time. If he is to apply for legal separation, does he has the chance to remarry again? And How much could it possibly cost?
Tnx Cyril
Dear Atty,
I would like to ask if it is true that after 8 years of separation, will it be null or void? I have a boyfriend who is married, but it’s been 5 years now that they don’t live together.. and we plan to get married, is that possible for us? without my boyfriend filing for annulment, because it will cost a lot and it will take time. his wife though is okay with him getting married to me..coz his wife too wants to get married to another guy as well. what can you advise us to do about this.. I’m a little scared, coz I might be in big trouble.. please help us.
Atty Fred,
I married a US citizen in the Philippines. And now he filed a divorce. If i sign the papers and the process is completed, will our divorce be also valid here in the Philippines and I can remarry again? Your response is greatly appreciated.
There is nothing called a free lunch is this world. If anything
needed to be resolved then initiated need a support to be sorted out.
———-
One Law Center
Dear Atty,
I am 25 and i have a relationship with a woman who is legally separated(both parties signed papers that they could have their own new families)and i got this woman pregnant. would i be charge with adultery? thank You!
Pingback: Annulment in the Philippines: Questions and Answers (Part II)
hi atty,
i sent an email to you yesterday and today regarding my intention to be legally separated or if possible, have my marriage annulled. I was hoping you received them though I wasn’t registered yet.
Anyway, my question really is if I could initiate the annullment process without the knowledege of my husband since we have been living separately for almost 2 years now.
I am absolutely clueless on how to go about this.
Please enlighten me.
Thank you in advance,
Ice
i want to know about the advantages and disadvantages of divorce affirmative…… plzz. help me because i have a debate this coming monday October 11 2010…. thank you…
I am requesting advice or clarification on my issue.
My son married a filipina that told him she was pregnant two months after they met. Since she was living and working here illegally she told him she was being deported and he would never see his child. He married her. Days after the marriage she said she miscarried. No hospitalization or doctor’s care. We then find out she is married in the Philippines with two children. She then proceeds to tell us she is divorced. I am told by a coworker that there isn’t divorce in the Philippines and it is costly to get an annulment. My son paid the rent, food, her clothing, haircuts and manicures. He even paid for a trip to the Philippines. She never had any money because she would send everything to her country to support her mother and children. We helped her every way possible. As soon as she got her green card, she filed charges against my son and I with domestic violence. After we paid a criminal lawyer 10,000 dollars she drops the charges.
Our suspicion is that she is still married in the Philippines. She has now changed her name for the fourth time. How can we find out the truth? She wants to take everything from my son. She did not contribute to the marriage. What advice can you give us?
panda.1971@yahoo.com
Hi Atty,
Just a question… I’m a Dutch citizen and got married in Philippines last january 2004. My question is i registered my marriage here in Holland but unlucky me our relationship/marriage didnt went well, so i filled for divorece here in Holland and its granted, we are divorced here, and we dont see or talk to each other anymore for almost 7 years how will i get annulment from Philippines, does my divorce here in Holland can be applied in Philippines..do I still need to pay for annulment? pls kindly answer my question.. thank you..
Dear Atty,
I would like to know if the court will honor a certain agreement by both parties regarding legal separation without going to trial.Atty i really want to know your legal advise about my plan because my husband and his family are strictly following there religious belief that seeking any legal assistant are forbiden.And if the court will recognise this agreement,to whom should i go and make this affidavit?
i am staying with my boyfriend who is married..he wanted to have an annulment..is there any chance for us to file an annulment..please give advised..
also can you give update about the divorce bill that have beeb filed long time ago..is this being followed up..or it has been denied totally..
why the goverment..give so much favor with the church opion..whrein there are more than alot of people living..in a miserable life because of this kind of belief..its true..a husband and wife cannot be separated but what if both are tired because they are not happy with the relationship,so having an affair will be the solution..that’s why we are living in a very hypocrite country…we try to pretend and we try to ignore the truth..
is there any chance that the goverment and law makers try to hear the majority of the poeple..about the talk of divorce..annulment..only the people with money can afford it and us who doesnt have will just be an out cast of the society because of the tag..”KABIT” which is i think so unfair to us..because the only fault we have is to love and take care of the person whom..the so called parner never give important at all..in short because of the so called married status..they are doomed..to unloving ang uncaring patners..and i know its not also a ground for annulment at all…
Hi attorney,
I am a canadian citizen and I have an existing marriage in the Philippines with a filipina, I was wondering if I can file a divorce here in Canada and would it be recognize in the Philippines as well?
If so, what are the documents do i need? and what are the steps?
thank you so much
newf
Atty Fred,
My husband and i is 6 years separated already but not legally,i want to file a anulment do i can still file an anulment even i am here in Dubai,what i procedure i will do?in my case how many years it will takes,?my birthday in my marriage contract is different in my birth certificate do you think it will easy for legal separation.
dear atty,
good day!
i would like to know what steps i need to do to process a legal separation. my husband have abandoned me and we were separated for 6years then he came back only to use me as a stepping stone. i would like to end all of it now and wanted to have legal separation so i wont have troubles regards legal documents also in accessing benefits from my work for me and for my son. cause theres also a hierarchy policy that we have here in the comppany. i dont want to be questioned every now and then why im not enrolling my husband so i would have papers to support that im a sole parent.i really hate it that i need to include him to this benefits.. he is not worth of any of this benefits at all
can i have the procedures please of how to apply for a petition regards legal separation
thank you in advance
more power!!
Hi Atty.
I am asking for a friend, he is a filipino citizen, residing in the Philippines who is married to a canadian citizen. She filed a sole-divorce and served him the papers and he signed it recently. Is that considered as mutual divorce eventhough he is the respondent and she is the claimant because he willingly signed the divorce papers?
My question is, will he be able to use “The right of a divorced Filipino to remarry under Article 26 of the Family Code” or will he be denied because eventhough its a sole-divorce filed against him, he agreed to it by signing it? He signed it because she told him she needed the paper as it will grant her sole-custody to the child legally as stated on the affidavit and separate their legal properties. She always gets questioned by airport immigration when she travels as to where is the consent of the father of their child is. So he signed without hesitation. its the least he can do for her for not contributing to anything in their life. Thank you.
dear Atty.
I am 33 years old female..i am separated for 3 years….I want to file annulment….I consulted to a lawyer but i think he asked me to much for his PF…I want to look for another excellent lawyer who cater this kind of cases…..could you refer me to anyone…
thank you and more power..
hi, atty fred.
i would like to ask what if the wife is separated for 7 years, abandoned her kids from her husband and she had 2 kids and living in with the new man (father of his two new kids) and discovered using illegal drugs such as marijuana during the separated period. can this be considered grounds for annulment?
please e mail me to yanie_asuncion@yahoo.com
thanks..
Dear Atty,
I would like to inquire about my situation, i was married on july 2006,and my ex-husband file a divorsed Nov.2006,we both agreed to that becoz of different culture., we signed an divorsed-agreement,and as far as i know we apply for it bcoz he get a private atty., The atty said to me that after 1 mo. i can check to the National Statistic Office and he said that its nulled already,. I was busy,and forget to check it., Now I get an Cenomar and Marriage Contract To the same office,and found that its not nulled,. I ask the information if what can i do,she said that if i will get the Divorsed Certificate,i only File it to their office to be updated., I contact the Office of the Atty. to get that Certificate,and ask what is happening? Finally found out that He died Last Year,. Can You Help me Atty.where and how can i verrify that Certificate? I am planning to get married this June of 2011., Please Help me,what should i do?!., Thank You., Looking forward for your responsed.,
dear atty..
good day….in conection with my first post here….i understand that annulment takes very long time to process..i have my fiancee in usa….am planning to go to usa…can i file a divorce to my husband (who is in philippines)in USA???does he need to sign doccuments for this?? …please refer me to a lawyer….please email me…
thanks so much..
what are the procedures of annulment in civil wedding?.
i want to file annulment what should i do?
Dear Atty.,
We have been separated for almost 6 six years now. If I buy property (e.g. house & lot) would that be a conjugal property?
hello atty., i would just like to ask if my friend can file annulment..? their case is that they keep on fighting even just on small things..ever since they were still girlfriend-boyfriend they keep on fighting..the guy is always the one who give up on their fight..when his girlfriend got pregnant on their first child, he asked her for marriage but the girl refused but when the girl had his 3rd child she was already the one who asked him to marry her because she’s thinking of what others might say about her that they are not yet married..during that time he is no longer willing to marry her but still he married her just last year..he also have doubts because when they were still in college the girl got back with his ex-boyfriend without breaking up with him..the girl even gave him up & chose her ex-boyfriend..when he tried to forget the girl, the girl was already the one who looked for him that’s why they got back together..the issue now is that since they got back until they got married and even until now the set up is that the girl is staying with her mom at their province and he is staying here in the city at their ancestral house..the girl is working in their province 8am-5pm and he is assigned here in the city with shifting schedule..he keeps on asking his wife if she could adjust to his schedule because her schedule is fixed but the wife refused..he just visit them during his day off which happens only thrice a month..he complained that he can’t rest well on the house of his wife because they have videoke at the front yard which is owned by her older brother..they rented a house near his wife’s place but the next time he went home her wife together with the kids went back to her mom’s house..he didn’t surrender asking his wife to transfer here in the city until she decided to move here because she’s already getting her transfer credentials done..but..the problem again is that her wife keeps on going back to their province because according to her she doesn’t like to live together with his siblings..he said that they will just rent a house here in the city but still the wife refused because they have already invested money renovating the ancestral house of my friend..there is an issue in the family that the reason why his parents chose to live on their farm because they doesn’t like his wife because of what she has done which i have mentioned earlier..his parents even didn’t attended their wedding because they don’t trust the girl already..when he tries to ask his wife what is the reason why she did it to him, his wife just cries and until now his question wasn’t been answered properly..his wife admitted that the main reason why she wanted to stay at their province because her mom misses the kids..but what about him? it was his children that is being kept away from him..his wife even gets mad when he goes to the gym or bike..she doesn’t want him to do some recreational activities..we just keep on advising him to understand his wife but even us his girl friends cannot really understand his wife..if i were on his situation and my husband is like that i will really leave him, i don’t want someone to tell me what to do with my life..recently, he is very saddened by his situation that it is always his wife who gets what she wanted with their family life, he don’t have a say..he started to ask me about annulment & i don’t know what to tell him..i’ve been surfing the net now and have seen your link that’s why i tried to write to you..please advise me so that i can advise him on what to do..thank you and more power
Reading about the legal system in Philippines it is evident that the legal system, although an interesting case study, is a broken system that is not effective. The case can be made in some instances that the law violates the constitution and it would be interesting to see some constitutional challenges files.
The Annulment issue is a clear human rights violation and should be amended and/or stricken from the legal books.
I appreciate the challenge of managing a modern society with an archaic legal system. Since the problems began so long ago it is very difficult to amend or repair a system so poorly conceived.
It will require a referendum or series of, to rewrite the laws in the spirit of the constitution and will require a dedicated and passionate group of legislators.
check here for the complete file of amending the house bill 6993 – Divorce in the Philippines.
http://underthesunofsingapore.blogspot.com/2011/06/divorce-bill-in-philippines.html
I am separated from my wife for six year. 6 years ago, we had a big fight and lead to break up. That time she confess to me that my child is not mine. And now I want to file a petition for annulment using fraud as a ground. As of now the boy is still in my custody. My problem is if court granted my petition and marriage is annuled, will the child still be mine? I acknowledge the child and considered as mine. Will it affect the petition i filed because i accept the child despite of the truth that he is not mine?
i’ve been married to my second wife for six years and have one child. without to my knowledge for the grounds of annulment. my friend say that even i’m annuled still there are several rules to get married for the second time. i did not know that, all i know,,.. when got your annuled papers you can marry anytime you want. so what is the possibility actions i can get of getting married again. when my second wife found out she got cold on me, we never talk good as it is before..our married will be void? please do give me an advice to take actions for this matter..thanks.
Hi Atty,
I’ve been separated from my wife not that long ago and i would like to be legally separated from her. She was never in good terms with my family because of the way she treats me. She always underestimate me and sometimes she beats me in front of other people. I felt no respect for myself that time cause she is dominant and disrespectful. She is now in US and we don’t have any formal communication, but i remember that she once told me that she will do everything to make my life miserable, I still have the emails as proof. Is it possible for me to file an annulment without her approving it? Thank you.
good morning, atty! i have one question and one verification.
1) a couple got married in the Philippines, separated, and the husband eventually became an American Citizen. he filed for a divorce in the States in the absence of his Filipino wife and remarried there. eventually, he got a divorce from the U.S. citizen wife, came back home and found a partner here, what is his status in the Philippines? can he marry his present partner here? was the marriage from the first wife dissolved? can they be sued for bigamy if the first Filipino wife finds out that they are living together and with a child?
2) my other query is very simple, a couple got married here, migrated to the U.S., became American citizens, then were divorced. is their marriage in the Philippines considered dissolved? Can both parties re marry in the Philippines? or any part of the world? does divorce include nullification of their marriage in church?
thank you very much!please e-mail me your reply.
dear atty.,
i hope you could give me some advice. i don’t know if i have any legal rights regarding my situation. my partner and i are living together for quite some time. the relationship is 4 years now but we are not yet married. maybe i could look past beyond his irresponsibility regarding financial matters. what i can’t take anymore is his infidelity and abusive words. under our law, do i have any legal right to sue him? please give me some advice. please. thank you very much.
dear atty.,
in addition to my question, if i had a miscarriage due to emotional sufferings because of his infidelity, do i have any legal right to sue him? please give me some advice. please. thank you very much.
dear atty,
i have a boyfriend for 4 years, and i guess wedding plans are far from his mind at this time… he’s been honest with me ever since about his (2)past wives , both are failed marriages, so he is quite sensitive when I ask about them. His first marriage took place in the phils. year 96 as indicated in the cenomar i requested from nso, and the other one was in Las Vegas Nevada year 2004 where he had a child who is in his custody right now. My question is how can we start a new life when he is still in the shadow of his past marriages esp when talking about legality… what step can I make so i could help him with this and convince him to take legal actions so we could be married legally here.are the two marriages both legaleven if it happened on different country? please enlighten…thanks so much
atty,
i’m lara and i would like to inquire regarding my problem with my husband. we got married last march 2005 and a month after that he went abroad to work… after 6 months we had a fight and decided to seperate… he never talked to me or send me money since then… i didn’t bother him anymore… after 5 years he again contacted me saying that he will get our marriage fixed and dissolve the document using his money… is that possible and if so do i still have claims to his properties??? thank you and good day…
Should annulment be easier to obtain?
dear atty,
Good morning i have a question, I was just wondering, in any case, should annulment be easier to obtain?
sorry for the first comment.
thanks in advance
atty,magandang araw po sa inyong lahat,gusto ko po sana humingi ng tulong sa inyo sa na file kong annulment noong year 2009 hangang ngaun po kase wala paring malinaw na kasagutan palagi nalang po hindi natutuloy ang mga hearing.nakapagbayad na ako ng halagang 90thousan sa aking abogado,naiintindihan ko po na ayaw pumirma ng dati kong asawa dahil ayaw nya mawalan ng sustento at benepisyo.7 taon na po kaming hiwalay at nangangarap din po ako na magkaroon ng bagong makakasama sa buhay at pakasalan kaya lang hindi ko ito magawa dahil sa matagal na proseso ng aking annulment.at pinipiolit akong makipagkasundo at muling makisama sa dati kong asawa…wala napo akong natitirang kahit konting pag tingin sa dati kong asawa,bakit pinipilit nila na magkasama pa ang dalawang tao na ayaw na nga sa isat isa.muli kinausap ko ang aking abogado at pinapayuhan nya ako na manirahan na lamang sa ibang bansa at doon magasawa napakahirap naman ng pinagagawa nya…wala na po ba akong karapatan pano pa nagkaroon ng batas kung ganito lang ang maipapayo nya sakin.sana po ay matulungan nyo ako…
My husband and i had this arrangement that we will continue living with each other just for the sake of our child. We’re just like room mates now. I just want to know if there’s any legal ways aside from annulment that i can do i.e an agreement that states that we can both have a realationship with other people. Is that possible? Thanks.
mabuhay atty fred,
im married for 7yrs.On oct1,2007 due to physical violence, vices like alcohol and gambling i and my husband decided to get separated. i sent demand letter to his comp coz he is working abroad but he refused to answer any of my demands.he sent money as long as he wanted there is no assurance or amount,that is why on nov8,2010 i filed case in city mla R.A.9262 or violence against women and children against my husband, subjected: child support and concubinage. after 4 hearing we settled it for good and signed an agreement that he will support our kids until he’s working but about the status that he had affair w/ other girl and having kid w/other women,. we never mentioned it coz for me all i want is justice to support our 2 kids. sept 23 2011 he called and we talked about d annulment or legal separation,. he also said that her mistress asking him to marry her. no feelings at all for me i want is to be free also. i said annulment will cost a lot and i dont have money for that,he answered “me to”.
what if i’l file legal separation:does our agreement will forfeit? can i used my former filed case against him as a grounds? does legal separation cost a lot?
tnx atty and godbless!!!
My Bf and I got married back in May 1991. I was 23 yrs old then and he was 27. He resides in England then a Filipino citizen and now a british Citizen. I was a graduating student then from the Philippines. He went back to England after a month and I found out too that his GF just had a baby. How? His GF sent me a registered letter with my husband and the baby and her at the hospital. I confirmed the info from his cousins from England. He didn’t bother to call me nor went back to the Phils. to explained things to me. He took everything for granted. That was the end of our communication. I’ve heard the woman left him and took the baby with her. Then he had another relationship with another woman and they had son who is now in his 20’s. Then the woman left him too. My question is, Is my marriage with him considered FRAUD the fact that he didn’t tell me that he got somebody pregnant before marrying me? Or shall I say he deceived me!!! Please advice me…Thank you so much.
My bf and her ex-wife were married in Philippines and USA both US Citizens and both born in RP but rise in US, they got divorce 10years ago coz his ex-wife has another guy(already remarried @ this time).I just wanna ask is theirs married is still valid here in the Philippines, were planning to get married is that possible?? Is my Bf need to file an annulment or he just going to file a petition for recognition of a foreign divorce decree. Pls. Help me
dear atty.
I would like to inquire about the nullity of marriage., because my wife and i got married last 2001 and the officer who solemnized our marriage as far as i remember is a female whom my wife’s relative got somewhere i don’t know, now upon upon checking our marriage certificate i found out that name of the officer is different male,and the place of marriage is in Las pinas , where in fact we got married in my wife’s house in caloocan will it make any problem with regards to the validity of our marriage? thanks
dear atty,
i would like to inquire about my sister’s problem..she got married without parents consent when she was 20 years old and her husband is 26 years old at that time.They live together as a husband and wife for at least 1 year but got separated. She is now 27. what would be the legal separation process for this problem atty? is the marriage of my sister is void from the start?thank you
Hi,
I was legally separated for almost 8 years. Is it possible for me to file an annulment even if we are already separated? Thanks.
Dear Everyone,
Hi there, need some professional advice. I have a friend in need of help regarding null and void. Kasal yung friend ko sa babaeng may first marriage, ano ba magiging status ng friend ko? at paano nya ipapawalang bisa yung marriage na dun sa girl? Gusto nya kasi magpakasal ulit sa right girl. Kung mag-fifile sya ng annulment ba? or nullity of marriage? how much will it cost for him? tsaka how long? yung pinakamabilis? or pwede parin sya magpakasal kahit na may kasal sya dun sa girl?
Need your advice ASAP.. thanks
Dear Atty,
is STD that happen within the marriage year (3-4 yras ago) can be ground for annulment? me and my husband is not living together anymore and my husband agreed that i will take care of my child, my husband’s family is threatening me that they will make a story that i kidnapped my own child, can it be grounds for legal separation?
I am married for almost 10 yrs. since 2002 by way of paying… somewhere in Caloocan City. After a week i checked in the NSO and was registered.Were not living together since after we got married.We dont have kids.There were no financial support happend since from the start or i’ll call it as ‘”KANYA-KANYA”‘. We did both communication for just 3 yrs only and after that no more. By 2006,verbally he asked me freedom because he got a live-in partner and have kids. Last year when i got home,i traced the church stated in our marriage contract and it was not existing and the person who conducted too.Our marriage was happened in Caloocan but our marriage license was registered in Mecauayan,Bulacan,its all gawa gawa. Actually i got married with my ex-husband for the reason that he wants to scapped from the other woman whom he is going to marry that time and that woman was my cousin which i knew 6 months after we got married. Me and my ex-husband were boyfriend for 3 months.What will i do?What would be my grounds ? i want to nullify our marriage,i want to marry w/ my present bf,im already 34,and want to settledown for my own.what is your best advise ?How long it would take the process?And how much it will cost?We both came from Valencia,Bohol.Thank you in anvadce and happy new year!
Is there a chance/ posibility that divorce will be granted in the philippines?
what if couples doesn’t have any kind of communication for 5yrs onwards, will that be consider as legally separated?! or they both need to file a legal separation for them to be free from each other?!
atty good day to you…
i really needed help badly,i got married 2007 and im still 20 at that time. my girl was preg less than a month that was may 2007, there fam wants us to get married in the same year, my parents visited there place and my parents decided that our married will took place dec 2007 . with less financial no agreement was made when my parents left there place… i was still in my GF house and her parents forced me that we should get married the next month (rushed?),then in may 2007 we got a married (still it was there it intent that we should get married) after our marriage my fam and my GF fam went into a argument during the reception my parents don’t want me to get married early… i can still remember that on our marriage cert that only one who signed in the witness signature under my side and the signature that i used is not correct,i didn’t even have any visitor except my fam (only my mom and dad). we lived together for one year and 8 months and ended up separated)….and now im 26 knowing that our marriage is not good…in case atty that i want to remarry on the statement above how will i solve this? thnx more power…
Dear Atty,
Is there a way to speed up the annulment process? My best friend was previously married because they had to. The girl got pregnant, but unfortunately lost the baby in the end. They tried to remain married but the marriage was already in trouble. His wife went to the States for residency training. Eventually, she decided to break things of. My best friend filed for annulment last July 2011 and it has been almost seven months since the filing and it is still on the stage of publication. Does it really take this long? He is thinking of getting another lawyer who could do it faster. BTW, his wife married some one in the States. Does this help speed up his case in any way?
Atty fred,
I have two kids, 5 and 2 yrs old. In case the parents are filing for annulment. Who gets the custody of the children? what are the grounds that a mother will not have the custody of the children? Is unemployment one ground that i may not have them? Since i am a full time housewife but i am a graduate of a four-year course. What are the things i need to know about legal custody of the children? Thanks
I am married to a foriegn guy for almost 1 year now..i just found out that i am not happy for being married to him. I want to file a annulment. I dont know how to do it. What should i do?
Dear Atty,
Good day!
My concern is all about my friend. She got married at the age of 16 and got 2 kids.. But she find her husband having other woman and decided to void their marriage because she’s not yet 18 at that time.. But as she got her CENOMAR at the NSO, their marriage was registered.. Does their marriage still voidable?
Thank you in advance for the reply..
hi,i am divina lapuz,i just want to know the legal process of annulment,i am almost 4 years separated with my ex husband,he go with another woman while i am working abroad,and we are civil married,how can i find an easiest way of annulment,please help me..thank you so much
i hope you can answer this attorney…pls
is there anyway to get annulled if the other party doesn’t wanna cooperate?!?
heres the situation the guy is in the state his an american citizen. way back before he got married a “FORCE” marriage and now he want to do something about it he wants to get annulled before the girl said yes and now the girl changes her mind. is there anyway the guy can get out of that marriage or do something about it?!
thank you!!!
Sir, what if Kung ang Asawa ay matagal na panahon ng iniwan for 20 years dahil Isa itong drug addict/ pusher at ito ngayon ay naka kulong! Meron po bang chance na Ma annul ang marriage? Salamat po.
Gus morning. Just want to ask if a guy had a civil marriage den after 2years they parted ways den after dat, d guy remarried and had a church wedding not w d same girl. Is dat church wedding marriage null or legal? And wat can u suggest we do about d situation. Tnx
My father left my mother when i was still a baby less than 1 yr old, now i am 21 years old, and my cousins from my father’s said tell us that our father is now living with another woman, not married but has 4 or 5 children with her live in partner.
.
My mother wants to be annulled. Is it possible?
hi..i just want to ask if what does adultery mean,and what are the grounds for this.thank you!!
Good day Atty,
I intend to file a legal separation. Is verbal abuse considered a ground for legal separation? He often yells, hurls unruly words to me & my grown up children even in public places. It has been causing trauma on us. I have developed anxiety & depression because of his character. I always feel nervous whenever he comes home, speculating that he would start yelling.
He prohibited me from working since we got married, the reason why I’m financially dependent on him. my children & I wanted to move out already because we can no longer tolerate his personality disorder.
If I apply for a legal separation, can I demand for financial support from my husband? What are the procedures for legal separation?
Thank you and hoping for your advise very soon.
I am a US Citizen. In 1973 I was stationed in Subic and married a Filipina hostess as she was pregnant and said it was my child. I was transfered in 1975 back to the US and she was unable to fly because she was 6 months pregnant. The plan was for her to follow with the children. Some months later she said she did not want to follow. I dont recal the month but sometime later I lost contact with her. My daughter has since told me her mother was pregnant with a baby boy and sold the child. My daughter feels that is why the mother chose not to follow. Since I could not find heror my daughters I obtained a lawyer in San Diego. He initiated correspondance to locate her without success. We were able to get in touch with her father in Davao and he said he knew nothing. I then filed for a divorce which was granted in the US. Recently my daughter found me and is now in the US with me. I did see her mother at a visit to family in the PI last year. The mother acknowledged she was hiding and it was not my fault. Now I support my daughters 4 children with a monthly allotment. Now the mother when occasionally angry threatens to file a case against me for abandonment. My daughter is returning to the PI to watch the children since her motherhas proven to be very wasteful with the allotment money. It has been horrible as far as her spending goes. In two years I would like to retire and live in the PI and help my daughter and my grandchildren. Do I have an issue if the mother elects to file acase forabandonment?
I am sure this is financially driven
Thank you
Attorney, my friend scenario is this, she is living abroad 18 years ago and her husband is in jail for section 5/11 case drug pushing/using, my friend won’t be able to attend but the husband’s sister will send the papers and she will sign it and her husband agreed that they will both go ahead for an annulment . Her husband is Psychological incapacity due to an effect of methamphetamine addiction she escaped from him because he always threatens her life and her children. Now that both party has agreed would there be a problem to file an annulment without her presence? How long the annulment process will it take? Thanks a lot!
hi atty.Fred
I have a straight question..i’m still married in the philippines,but im separated for almost 5yrs now,and im currently working in US for almost 7yrs,i have american bf now that wants to marry me here in US..can i marry him without filling any legal separation or annulment to my first marriage?
thank you and have a good day!
Good day ! Just wanna ask if i can file an annulment? Well, i got into secret marriage when I was 19 and without parental consent or advice.. However, we didnt cohabited together because he has a live-in partner that time. Until one day i got from some friends that his live in partner is pregnant. I dont know if that happens before or after our marriage. 🙁 I’m 23 now!
Am I allowed to file an annulment or legal separation if the reason is that my husband left us for another girl and he chose the girl over his family. How much would it cost me and how long will it take? Kindly advice. Thank you. I remain
Dear Sir/Madam,
Could you please explain to me further about MINORITY as a ground to be used in filling a petition for nullity of marriage.
Because I was married at the age of 17 with the consent of my mother last 1981.
Due to Limited finances my life was so miserable as annulment is very expensive.
You know I can also used the ground of Phsycological Incapacity against him but I’m thinking it will be much cheaper and easier to proove that I am a minor when we got married. Is this correct?
Please help.
g’am,
I’ve been Married for 15 years w 3 children age 15,13 n 11.My husband is a good provider n Harworking as OFw for 25 years.He often told me He Lover me dearly.
Financially,we never have a Joined account. he has his separate account confidential and my earnings from his remittance when his on Vacation here spend All.
at 15 years of being together, this has been the routine..
When he arrives home at uodate his account, I got shame to myself when the bank Officer would ask Why not Join account when they found out I’m his wife, but he just did not answer..
And his last vacation, One thing i cannot forgot, he yell at Me in front of my daugther inside the car with just a simple thing misunderstanding..
15 years, I spend stay at home raising the kids dedicating my Life faithfully to him, I don’t think I deserve his Treatment to me..
Pls Advised me badly need legal Matters…
I got married last May 2007 and we got separated 5 mos after. A week after the wedding I went to our Local Civil Registrar to get the copy of my Marriage Contract. I was told by one of the officers that my marriage is not valid and the marriage date is null since we did not secure a Marriage License first, and as for me since I was 23 yrs old at that time, I need my parents consent so we can be issued with a Marriage License. A Marriage License was processed only after the wedding (when i was told by the officer to get one). Now, my question is, getting a Marriage License after the marriage would be a valid ground for declaring Nullity of marriage?
Goo dday.
I am separated more than a year.
i want to avail a property and re marry again.
can i have a divorce in other country and re marry in the philippines?
thank you
My first civil marriage was on 2001 and it followed a church wedding on 2002. We got separated 2003.
I found out that he got married last Nov 2010. He now has a son.
My second marriage was on 2005 however my husband was previously married. The only reason we got married was for our daughter to be legitimate in paper. Eventually we got separated on 2009. He remarried last Apr 2011.
My only desire is to nullify my two marriages so that I can regain my single status and if possible, I would also like to fix my daughter’s name. Presently, I have a domestic partner and we already have a 1 yr old son.
Please advise.
Dear atty,
i would like to inquire about my marriage 1st of all i would like to ask this.we got mnarriage last 2002 then our paper they dont have cenomar that time.then 1st of all my husband told me in the begging that he marride once but in forienge country.then im so belive of that suddenly when i go his country he is white man he live in europe.then i saw a woman marride in philippines then we marride here also.i was so upset coz his lying in the 1st place then he bring a divorce paper in other name that the 2nd wife that they not marride here.then last week i get a cenomar his name and my name then its appers this he marride 1993 the 1st one then the second my name 2002.which one valid?and he bring a divorce paper other name that the 2nd coz im the 3rd.then now we separate 5 years he didnt go here in the philippines then he has new filipina again just gf he told.what i do my marriage its is true or fake?what case i file him?he can still enter in the philippines that one he do?then what i do about my kids we have 2 kids then he support tel now how much possible a support a child im here in the philippines staying not his place? pls i need u advice coz he is coming soon in the philippines…
Dear attorney,
Hi. I am married for 8yrs now. We have two kids. The eldest was born before marriage. He had cheated a couple of times. The first cheating happened the first year of marriage, i found out through my ob that I got std from him but was curable. Out of shame i tried to forgive him and kept it to myself. The second time was when i was pregnant with our youngest child. I didnt do anything because i was afraid that the baby might come out sooner than expected because i was in premature labor during the course of the pregnancy. The third cheating happened when he started working in bpo. And add to the pain, he was always drunk couple of times a week. We got into a fight then, leading to hurting me, my brother and parents. That incident happened 2010. That also was the time he left and we stopped communicating for a year. During that time away, he had a relationship with his ex. When they broke up he begged to come back without me knowing he just brokeup or had someone else. So consider it another cheat. Stupid me, i forgave him for the nth time and.now we are back together. The sad part now, is that i wasnt the same anymore. I became so paranoid that he might be cheating on me again. Now.i am slowly realizing that the love isnt there anymore. Add to that i dont want to be intimate with him anymore. I feel disgusted.
Now my question is, would there be in some way or reason that i can file for separation or nonetheless annulment? And even if the cheating happened before, would that still be grounds for filing?
Dear Atty. Fred,
My husband is currently working abroad when i found out last 2007 that he’s having an affair with another girl who has been working close to his work place abroad, eventually she got pregnant. They are presently been living together abroad while their child is in the Philippines. I’ve managed to control the emotions for the sake of our children,but i believe the situation is getting worst as he stopped sending a financial support for us since march 2012. Now i’ve decided to ask him for separation but he strongly disagreed and told me he will not sign any papers nor agree to let me live alone with my kids. Can i file a legal separation against him? Is the grounds enough to have the court in favor of me? Please kindly advise as I cannot live with him anymore due to emotional and mental stressed causing by him. I would highly appreciate if you could send me an email or otherwise please leave a reply on my query. Thank you and God Bless…
What if I found out that my husband is having an affair and has a child to her mistress. Is it a valid ground for annulment?
Or can they be imprison for it if I have enough evidence on the affair?
Hi Attorney,
I just recently found out that my partner now is married and they had one daughter which is the only reason he is staying in that marriage even if he was sur that it is not working becouse of baby.he said that he wanted to file annualment even before but also understand that it the process is complicated.More so the grounds to file annualment is limited.but now he trully wanted to get the marriage annulled.my question atty isthat can he file for annulment even if his reasons doesnt fall on those ONLY SIX REASONS stated under the family law? I would realy appreciate for your reply.thanks
Is there any posibility that merriage lisence will be voided once the both parties agreed for it and what will be the grounds.What will be the process for instance that both of them are living in different country.
Dear Attorney,
i was married 1995 at the age of 18, my mother failed to contest it, and me my wife didnt live together ever since after the civil wedding.
i remarried another girl in 1998 or 1999, and lived together for 1 year, and got separated again.
now i got a new partner and was living with her for 8 years now.
here’s the questions…
1. i want to know what my status are regarding what i committed from the past and i want to know what to do to clear them up. can u pls advise me or help me pls.
2. my first wife made a facebook account using my name and photos, and added all my friends from high school, i already reported it as a fake account, what will i do about it since its almost 18 years already since we saw each other?
pls advise me of what to do to clear it all up… pls email me if you have time and when you can i really need ur advise… thanks and more power…
B
hi atty.. i just wanna ask.. the situation is this: i and my husband had been separated for a month. at first, he initiated this. but now its mutual. we r not sure if we still want to be in this marriage. attitude problem is the main problem. for me, i know for myself that the door for reconciliation is still open, i just dont know to him. third party? definitely not on my side, but i do not have assurance that he has.
my question is: how possible is it for us to be separated or annuled?
and how about the custody pf my one year old daughter, she is with me now.. her dad gave nothing for three months, and i wont accept any.
thanks
attorney gusto ko lang pong malaman kapag ba na annulled na ang kasal, is it true na mababago status ng ligitemacy ng mga anak….?or affected ba status ng mga bata?
Hi Atty,
Is this a ground for nullity of marriage.
* we got married (actual date of ceremony) March 19, 2005 but our marriage licensed was approved/released on March 25. so it appears on our marriage certificate that the ceremony happened April 25, 2005. I have a copy of marriage license and its legitimate under our name. – My evidence here is an actual video footage with actual dates, several anniversary card, date of wedding ring and some people who can testifies that it happened before we got the license.
*We don’t appear on any marriage orientation since it was a shotgun marriage. my ex wife family demanded that we should get married after they knew she got pregnant this is against our will since we know we’re not ready yet.
* the papers was done by a fixer though we signed a blank docs – application for licence and marriage cert.
* We got married on their grandmother residence at Tondo, but on MC it state we got married on Pasay city hall on the office of solemnizing officer. (this solemnizing officer is also legit)
* The marriage license was obtain from San Juan CIty Hall but the ceremony happened in Pasay City Hall and Marriage Cert was registered there.
Question:
1 Given all scenario do you think its enough to file a nullity of marriage?
2. Once my application for nullity of marriage was void/dismissed by court can I still apply for annulment or they are the same?
Hoping for your reply
Hi Atty.,
Im a man married for 12 years with one son. I work abroad. Im with my wife and son every summer and christmas vacation only. Within 12 years of marriage, my wife and I always have misunderstanding and we disagree so many things. We have so many indifferences. I warned her 5 years ago that Ill find another woman if she will not change. Another woman who will understand me. I gave her a chance even i was not happy with her anymore. No changes happened. Instead, its getting worse. Lately, I admit I found a girl whom I met before her. We were in a relationship already and happy with her while im working abroad. Now, my wife knew about it already. She demanded so many things.
She is just a a housewife no job at all. We have a house and and lot and i fully paid it. We have a car but i still have one year left to pay it. She demanded to have everything if we are going to separate. I decide already to go with my new girl. What are her rights? Can she have the house and can I have the car? Or she can have everything?
Sophia_nicole (nicholo)
With regards to lack of parental consent. My GF annulment is currently in the processing in Makati Courts (still pre trial). They are using this defense (That her parents objected to the marriage and she forged her signature for consent on a piece of paper forming part of the marriage documents).
I am however concerned because while she was 20 and he was 18, this was 10 years ago. The filing does note that they stayed together less than a year before separating (making her at most 21 and him 19).
Art 45.1 states “The petition of Annulment must be filed with five (5) years of having attained the age of twenty-one”.
Sounds like this Petition is not have sound legal footing. Any thoughts?
Dear Atty.
Good Afternoon,
I was married when i was 18, that time my wife was only 17 years old so the one who organize our marriage intended to register it late. our wedding was done last july 25 2012 and our marriage was registered last december 28 2012 wherein she turned 18 last december 16 2012. my wife cheated on me and we got separated. would this be a valid ground to nullify the marriage contract?
My husband was married before, but the minister did not sent a copy to the local civil reg.office..all copy are in my husband now.after 7 years we got married.is the first marriage of my husband is valid?thanks a lot
Good day atty, if the name of the man he used during the wedding is different from his real name is the marriage contract valid?
Thanks, Arleen
can i ask if a retired AFP personnel can still update his dependents like adding a minor dependent.
Hello sir, I am married with Taiwanese. He has another woman and we decided to have divorce here in Taiwan and in Philippine. What should we do first? Please help. Thanks.
Dear atty. Just wanna ask about my case. I was 7years separated from my husband. We separate without any signing papers he had a many girl and he did not give a support to my children until i discover that he is already live in with another girl and had baby. Do i can file a case. And how much do i need and it will approved immediately or?… im a poor woman cant reach a highest prices just wanted to be a single again and not caring with his family name.
Dear Atty.
I am filipina and married to a foreign,marriage take place in the philippines,we seperated 2011 and now he has gf filipina,we decide to get annulment from then but dont know where to start and what to do,can you please advice me where to start? and how can i do it..its a long distance relationship,how can it possible if he only comes to phillpines once or twice a year. what are my rights as a wife.
Hi Atty..
My ex hubby does not give regular financial support to his two minor kids. Is it legal to sell some of our properties to help me support the kids he has left?
Dear Atty!
I have a filipina girlfriend and we want to marry, i am indian, she was married with a japanese man, she is divorced in japan with that japanese husband but not in philippine, so tell me can she marry me? Or she have to get her Singleness from Philippines first, bacause she married with that japanese man in philippines ,
Can she marry me in my country or in philippine.
Please help me…
Hi!
My boyfriend has filed an annulment with his ex-wife last January 2014 and until now there is n response or no first step was made yet. What can we possibly do about it? Or how long will the annulment be approved?
By the way, his ex-wife has already got a family in Canada.
Thank you!
Dear atty.
I was married last 2005 through civil wedding to an italian citezen. We are just together for 8months and we separate ways from then.
We are separated now for almost 9years without any communication.
Can i re-marry in this case? Please do give me an advice what legallity i have to do.
Thank you.
Mary
hi atty.
my brother in law is separated since 2007 and now would like to re marry can this be allowed even ex wife allows him to do so without filing anything?
Hi Atty,
I hope you can help me. I was married here in the Philippines to a foreign husband. To make the story short, things didn’t work out for us and I left him, cut off all communications. I’m now with someone else and we have a child.
My husband filed for annulment last year. Every now and then, I’d receive threats from him saying that he’ll also file for adultery because he learned that I have a daughter. By the way, he’s also living with someone else.
Is it possible for him to file an adultery case against me even if our annulment case is ongoing?
Please, please advise me on this one. I’m just worried for my daughter.
Sincerely,
Olga81
Good Day Atty.
When both contracting parties do not belong to the same religious sect as the solemnizing officer, is it void or voidable marriage? Thanks
im jovita po devorce po ako dito tokyo sa husband ko nais ko pong magpakasal dito ulit sa tokyo kasal din po kami ng husband ko sa pinas kailangan ko po bang i fail ng unnalment tapos ikasal kami ulit dyan ng husband para saan po yung annulment para mapawalang visa ang kasal nila ? wala naman po akong laban sa mr ko para mag fail annulment gusto ko ng pong makasal kami ulit dito paano po yun kailangan ko po bang umapila sa corte pawalan visa ang kasal naim tapos pakasal ulit kami makatuwiran po yun?
Hi my name is cathy just wanna seek help..i met my husband on 2007 and got married on 2011 in the Philippines he lives in US( immigrant a Filipino citizen)he used to be married there and already filed divorced even before our marriage till last yr that we found out that it’s not yet finalized so Our marriage seems null we still don’t have the copy of the divorce paper but we’ll have it soon the problem is we are now planning to file for petition so we can be together can we get married again?so we can have a recent date of marriage will it be a problem? Second the date of our marriage appear on my sons birth certificate is there any way to change if we get married again? Will it be a problem on the process of petitioning us?thank you so much …
it is possible to file an annulment if i am the one who committed sin to my husband.i have a child to another man now.
Bkit po denied yung file kung kaso na recognation of foriegn devorce decree,ano po ang dapat kung gawin? Ang tagal ko inantay umabot ng 4 yrs tapos denied lang, ano klase po bang prof ang need nila? Nakakasakit ng damdamin, parang wlang justice para sa isang tulad namin.. Kmi na nga iniwan at niloko pero kami pa din ang wlang makuhang justice 🙁
My husband refuses to give any financial support to my three kids.we dhe never communicate with me for almost a year now.can I consider this as abandonement and sue him in court?
I had a civil marriage 1989 and then Church wedding in 1990 to the same woman. However in 1992, she left for the US and we hadn’t have contact nor did I hear any news about her since then. Then in 1993, I got married to another woman in church but got separated in 2011. Now I want to marry my present partner who is in Canada.
Question 1: how can I have the 1st marriage void? Is it automatic or do I have to have it annulled? I haven’t heard of her in 22 years. What is the process I need to do and the requirements?
Question 2: Is the 2nd marriage valid? If no, what do I have to do to get a Cert, of No Marriage from NSO? If yes, how can I have it annulled?
Question 3: What do I have to do to marry my present partner? Can we Marry here or in Canada? What are the requirements and processes?
Thanks. Rene
Dear atty,
Ng file na po ko ng annulment case noong 2009,at last hearing noong june 22 sa araw po to ng usap ung atty at judge tumawg po ako sa atty po hintay hintay po ang senasasabe sa akin..ano po ba ang dapat kong gawen d po ba pweding expedite ng decision? Pls po need ko lng help or advise .
Maraming salamat po
mera
Atty gud day.I have a query regarding about financial obligation of a husband.web Ben married for a year since then I didn’t have any support coming from him.
To whom it may concern:
I am already 25 years separated to my ex hubby. I filed my nullity last 2011 and until now, no decision for my petition. So many problems incurred in the Court of Binan. My Psychiatrist has no time for the hearing. The last hearing is June of Psychiatrict, but for the lacking of notarial for 1 page, they cancelled and set again on August 13, but the Judge is terminated in some reason. I always called to the court to when the hearing set. But the staff said, until now don’t have judge assigned. I am living to my new family and have a kids aging 18 years old, 16 and 15, they asking about the legality of my status. I am here to asked some government officials in Justice to make a study about the nullity or annulment for those couples separates for a long time. Especially to those couples living in different partner and have a child already. We are need a happy life and want our documents clear to get married again. Hope this message helps a lot for the court to process the nullity or annulment in short time. Thanks and more power.
Hi Atty.,
I’m a Filipino but a canadian citizen already,I divorce my 1st wife which shes in London in Los angeles and she agree with it and i got marride here in canada and already got a declaration of my marriage null and void from the catholic church . is it okay we get church marriage in the philippines even my 1st merriage still not annuled in the philippines
Good day,
I would like to inquire atty., nais ko po na magfile ng legal separation, 4 years na kaming married at 1 year na separated. reason po namin is were not happy with our marriage and di na kami magkakasundo. Salamat po. Hoping for your immediate response.
thank you.
How much will it cost for filing a legal separation?
Good day Sir!
I am separated 2 yrs after getting merried since 2002 and problem is he got multiple girlfriends while i am working as OFW? since then he never got a job and his staying with his parents and no support, i am the one who do all the support to our 3kids, i want an annullment what will be the ground for him and how long, and most important how much will it cost?
Pls. reply… thank you so much!
Atty.Fred,
I have obtained my annulment last year.I did not include our property in the petition as it will prolong the processing so I am now going through the division of property. My ex refused to sell the house when there were prospect buyers and even removed the tarp in front of the house and tell buyers that he wont sell. he said I will wait till he dies. my lawyer told me I have to make an SPA for my daughter to sell it as its impossible to talk to him and convince for amicable settlement,besides I bought that lot and built that house. I understand the laws but its unfair that he wants it all,while I never got any support or cent for our 5 kids.
Pls. advise.Ty
Hi,
I am a Australian and have found out my wife has been cheating on me, I have kicked her out of my home and she has moved in with her boyfriend (also westerner), we have a son which is not mine however I am on the birth certificate as the father, I wish to apply for annulment is the fact she has cheated and is now living with some else a factor and what would happen with things like child support seeing as the child is not really mine.
Good day!just want to ask if i have a chance to be annuled,.coz since i gave birth for my child,my husband cannot support even my child,.so i decided to work abroad,.i gave him many chance but till now nothing,.he cannot even send my daughter to school,.im the only one who supported my daughter,.after almost 5 yrs.working and supporting my daughter alone,i decide to file an annulment,.
Thanks and hoping for ur urgent reply
Rhuby
Hello atty..
Can i ask a question, i am separated for almost 4 years with my first husband, and we had a 1 son who is living with him even the child was 4 years old..but noe i had a foreign boyfriend, am i allowed to remarry?
Thanks,
GOOD DAY…
The situation goes like this, they were married 20 yrs ago by the relative lawyer of the guy in the lawyer’s house…after 4 yrs the guy went abroad to work and met someone, they decided to marry, but before that, the embassy asked them to get a single certificate from the philippines and they required authenticated.Surprisngly they got all the necesssary requirements, it does mean that his first marriage was not registered in census?
In this case if they found out that his first marriage is not valid,what action will the couple will do so that the first family will stop harassing the second family, and preventing them to demand more than the husband can provide for them…what kind of separation the husband should file and how much is it…
thanks a lot…
Atty, Good day. Just one question, does presumptive death honored in Italy? I have been asking a number of lawyers but no one seem to give me a solid answer. And I believe there is a reason why i’ve found my self reading your website. I have been married and didnt have any contact with my husband for almost 10 years, my friends are telling me to file for presumptive death case for me to re marry again.
Thank you and God bless!
Dear Atty,
I want to annul with my spouse in the philippines im currenty here in dubai .. We married last 2012 for the reason that im pregnant but were not yet ready are parents are the onr who wish to get as married. After two years from now were not longer ok with each other we are not always agreed what we want,and always fighting.So Ive decided to annul are papers .. i just want to ask how long it takes the processing of annulment if both party is willing to settle it. How much the money that we need to process it? Is there any atty that can help to process it quikly?
Good morning po atty. my itatanung po ako anu po ang pwding kung e file kc po 8yrs na kming wlang communicate ng husband ko simula nong nag abroad ako. My anak po kmi nasa ky mama ko ang anak nmin hnd at hnd nya punupuntahan mn lng anak ko. Nung umuwi ako wla dn sya. Gus2 ko sana makipag hiwalay sa kanya. Anu po ang pwd kung e file? Thank you po.. Im looking forward for your rply.. God bless
Dear Atty.
Been married for 13 yrs by our city mayor. Have 2 kids both boys 7 and 4 1/2. I just want to know if i can possibly apply for that legal separation. My husband has extreme mood swings, he treats me worst than a maid. He doesnt give me monthly allowances and if his mood gets bad he wont let me go out of the house. Im a plain housewife without a yaya. I live with my 79 yr old mother.
If i did something wrong which he thinks its bad he wont mind me for 3 days to one week. He would say bad words and negative traits about me. This has been happening for years now. If i file a legal separation will i be able to get my kids? Will he give me support so i can live my own life quietly without stress? He gets annoyed easily with little things. My kids suffer a lot because they see how am being treated as a wife.
When he wants to do something go out with friends he can just easily go and leave the kids to me. Frankly, i dont have a life and time for myself. I never worked because i wanted to take care of my kids too. We have a cellphone business but just a small one. I dont even mind or meddle with how much our business is doing. He doest give me allowances i dont have a source of income. He has an anxiety/panic disorder. I think he has this bipolar thing too. A minute were okay and afterwards he is mad at me and annoyed. Ive been understanding and keeping it to myself i dont want his parents to know coz they know him as a good and quiet person. They wont believe me.
Pls help me. I want to know my rights as a wife and a person. Im being maltreated verbally abused too. But no physical thing.
Thank you and God bless!
Can you just send your answer thru my fb account coz my email has been hacked.
Armi
Good morning sir, I have been separated for 10 years.. I am wanting to know if what grounds i can do to apply an annulment.. Is it possible to remarry again? even without an annulment..I have been alone taking care of my 2 kids..
Dear atty.,
would like to inquire about what to file. me and my husband got married last 2000. We’ve been separated for almost 3 years. My reason is that, he hits me, everyday drunk and no financial support especially my child. I still see him no change, will it be a ground for filing annulment?
He’s a legally married. Before we meet they are already separated but not legally. They have three kids. One, a 12 year old girl and 7 year old twin boys. Is there any way that the separation can be legal? It’s been 3 years when they separated. What are the grounds that is possible so they can be legally separated?
i was separated for 2 years from my wife… we dont have any communication at all but we have a 3 yrs old son which i supported until now. and i have a new partner right now and we’re planing to get married in the near future she knows that i have a son. i rather spend my life with my new partner and i dont want to lost her rather than with my “wife”. can i file annulment with that grounds?
hi!
i am a filipina married to a filipino, we are both in canada and we are both a permanent resident here. we got married in the Philippines and right now our relationship is not doing good. i want to file a divorce. would it be recognized in the philippines? i plan to go back to the Philippines to and i also want to find a better husband than him. i want to remarry someday. please help me on what to do.
i know that since i am a permanent resident divorce will not be recognized.. i was thinking if i obtain my divorce now as a permanent resident and wait a couple more years to become a canadian citizen before i go back to the Philippines.. would the divorce be recognized? or should i still file for an annulment? please help me i am really confused.
Atty. Fred,
I’ve been separated from my husband for almost 4 years already. It’s kind a long story but in short….im physical and emotionally abused by my husband. When I finally decided…he started to refuse supporting our daughter for he wants me first to py him in everything he spent for me since we’ve been together. we are married.
Now I am already working to provide the needs of my daughter. What are the grounds I could file against him and do i have a chance to get annulled from our marriage?
Hope to read your reply, thank you
is often misunderstanding can be ground for annulment?mental abuse,often accuse the wife,doesnt appreciate the good deeds of the wife.degrading the capacity of the wife..we are 11 yrs married and we often hurt each other..what advise u can give me so that i can start what prefer on my marital problem…tanx.godbless
Hi RWAN, Just want to give my insight with your problem, you must answer first this questions, Are you marriage? If yes, there will be an automatic change of surname upon the time that your MC( Marriage Contract has been registered,In terms of buying using your maiden name, yes you can buy using your maiden name, but it will be still conjugal property unless you have an agreement with your husband that you have separate entity..what you owned is only yours and what he owned is only for him..
But I am not a lawyer mam, just want to give my understanding.
thanks i hope I helped you mam.
Dear Attorney,
I am definitely to divorce with my wife but we had one daughter. I would like to get my daughter only. The reason is my wife got new boyfriend already but we did not divorce yet. I am in Australia at the moment so How can i divorce with her?
Sir,
Good Morning! I would like to ask about the early action if incase my husband get a affair w/ other women in other country but also a Filipino women meantime he also change his religion for substance women can accept him. Is it possible to proper document on it for instant before situation happen( nakahanda para proteksyon ko)? Worried me about it… hard that most of it doing affair that not know by wife… If caught or before doing on it….. that he can’t get married in in Philippine ( different religion and tradition). example Muslim can to do like that in Philippines… ( Para proteksyon, takot ako may galaw na hindi paalam ko na loyal ako sa kanya at siya ay hindi…. Alam nya ang regulasyon ng ating bansa)We are legally married in judge at Quezon City Hall. And have a son of 2 yrs old going 3 yrs old on June 2015. He go abroad when our son not yet one month. Our agreement is he working there for son. Pls advise….
God Help me too…
Hi Atty,
Just a question po, can i use this as a ground for declaration of nullity of marriage, we got married at my ex’s aunties’ house, they brought the marriage certificate, isang pad pa yata ung dala ng clerk of court na pinsan nya. The clerk of court who happens to be his cousin, did the advise advise and then they let us sign. We never had marriage license, pinapirma lang din kami ng 1 blank coupon bond. After a week, biglang ok na, our marriage certificate was already signed by the judge and ung blank coupon bond my affidavit na stating we were living in as husband and wife for five years which is not true. The so called wedding happened in Sept of 2003, we only met in March of 1999. We were not even bf gf for 5 years.
After the said wedding, we went our separate ways,he had several affairs with other women.And when it’s time for me to have found the right man, the past haunted me, i checked on our NSO records, our married was valid and that’s the reason why i cannot marry my present partner. I’m thinking of filing annulment, will lack of marriage license be a valid ground?Pls need ur advise atty, thank u
Hi Sir,
Can you check for me if the ff. cases are valid grounds for annulment:
* my husband dont have work to support the family esp. our son since we got married (we got married 2008)
* a lot of vices, he’s a heavy drinker, go for gambling for quite sometime
* around year 2011 he’s abusing me physically, mentally,emotionally and sexually
* did some sexual harassment to my 4 sisters (i only got to know this year)
* now, he’s having some relationship with other women (as what my son found out and me myself found out)
* we’ve not been communicating for almost 2 years (i’m an OFW)
* don’t take good care of our son, my parents and my sisters the one who look after our son
Kindly help me sir.
hi atty… im get meried of 2010 then after meried we separet and we have 2 kids 10 and 7 years old….and my husband have no financial support of us..for many years and no cumunication from hi… atty shoul i have ground to file a anulment or legal seperated thanks i hope u reply me
Hi Atty.
Me and my husband have been married since April 2013. We were not living together as me and my 1year old child are staying at my mom’s house because I’m working and my husband was reviewing for his exams. Since we got married, he showed up his mood swings which are extremes. When I was pregnant he used to pin me down the wall when he got mad that I commented on a photo of a friend on facebook.
When I used to went home once or twice a week, he was always mad because he cant get enough sleep bec I was there. He was always mad at me. He did not get any job when reviewing for exams bec he had to focus. He was telling me hat he doesnt want to take the exams and I tell him that he can do it. I was cheering him up. My whole family’s cheering him up but for him we’re forcing him.
After his exams, he told us that he would get a job, which until now he hasnt got any, and now he’s accusing me hat he read something from my wallet and from my cellphone that I have other guy. He would come to our house without notice and rant and rant. His moods aredifferent day after day. And, he doesnt care about our son anymore, because he’s too busy to ‘win me back’ that it lead him to accusations of innocent people.
Is this enough grounds for annulment? Thank you.. and God bless
Me and my wife is already more than 10 years separated. She already have her new partner which they have 1 child. Can i marry now? Or should it be done with legal proceedings?
Hi atty.i was married to a catholic ceremony after a year my husbamd and I separated becuase he is addicted to drugs and alcohol.after a year I file an annulement but becuase my lawyer is too slow of filing my case I look for another lawyer but I have a friend she told me that she knew a lawyer that annulment is very fast..I consulted the lawyer and the lawyer told me to convert to islam so that my annulment will not prolonged but it is no longer an annulment but divorce..after 6 months my divorce granted..after a year to my surprise when I went statics office and claim for a CENOMAR my marriage is still valid and theres no remarks or annotation that I was already divorce..I went civil registrar and ask for a requirements of marriage license but they refuse for the reason that my divorce is only valid in muslim court bbut not in regular court here in the philippines they told me I cannot remarry again unless in a muslim ceremony.
If my husband’s baby from another woman used his family name without permission of my husband, is that illegal?
Hello, how long do you have to be living apart before you can file for annulment? Thank you. Trust to hear from you the soonest.
Atty,
sana matulungan nyo po ako… gusto ko po na ma annul ang marriage contract namin… pinabayaan nya po ako at ang anak ko… 9 yrs old na anak ko na malaki ang tampo sa tatay nya na binabalewala nya ang mga request ng anak namin lalo na nag-aaral pa. Ano po ang dapat kong gawin po? para mapawalang bisa ang marriage contract po namin ? maraming salamat po…..
Dear Atty.
I have four children and We were abundoned ten years until present.My husband have another live in partner.Is it easy for my case to file a legal separation? Can you give me a steps of what will
do? Thanks and more power!
Lina
Atty, what are the advantage and disadvantage of separation and legal separation?
Thanks.
Dear Atty.,
I am married since July 2011, but what happened is her parents wants me to marry their daughter because of pregnancy case and it was a one night stand only therefore there’s no love attached and i am working abroad and we never talk since 2011 up to now, my question is what can can i do to make our marriage invalid because i want to marry another girl.
Awaiting for your response.
Thank you.
Atty Fred,
Thank you for this informative blog you have but i need more clarification regarding my issues. First i have two marriages and the second marriage took place when i first wife is still alive. My second wife is being selfish when it comes to financial support to my kids. We did not have any children. I tried to build a good relationship with then and my second wife but worse happened. We always come to a discussion regarding financial support and she is violently attacking me physically.
Now i told her that i will leave her and go back to my kids. my question is, is she can file a criminal case against me if ever i will marry again?
Is it possible for me to apply of the cancellation of my marriage without her presence since our marriage is i guess null and void.
Please take note that we got married with the consent of her parents and they know that i am still married that is why we asked someone to help us to make it possible and paid him the right amount of money.
Sir: I am an American, living in Texas. In 2011 I met a Filipina on Facebook. We corresponded, chatted, talked on the phone, emailed. I went to the Philippines in Feb, 2012. We decided to marry. I went through the proper procedures with the U.S. Embassy and received the Certificate of Eligibility to Marry. She did the same. We went to the city hall in Los Banos, Laguna, and filed for marriage license. In March, 2012 we were married by a judge in Los Banos. I returned home to Texas in April, 2012 and started spouse visa paperwork. After a few months she received an appointment at the embassy for the interview. She had all necessary papers. She was told she passed the interview and the visa was approved. A few days later they called her and stated there were questions and she needed to reappear. She did not go back and eventually her passport was returned to her at her address in Calamba City. I was devastated. Finally after a few weeks, because I was the petitioner, I learned she was denied because of “moral turpitude” which turns out she lied – was already married but had been separated for many, many years. Her husband evidently had left the country and now lived in California for a long time.
So now my wife cannot obtain a visa to enter the USA. As she obviously lied to obtain a false birth certificate in her mother’s maiden name, not her maiden name, she was able to have the marriage license paperwork processed. Does this quality for a null marriage?
my nephew was married via mass weddings about 10 years ago…
they are not living together for like 6 years because my nephew is working abroad.
after which, his wife went abroad also…
but this year, my nephew was informed by the mother of his wife that his wife is living in with somebody and now has a child.
my nephew want to know how can their marriage be annulled so in case he remarry again…. with a citizen of another country … he can petition his children.
thank you
dear,sir/maam anu ang dapat kong gawin para mawala yong bisa sa kasal ko sa ex-wife ko matagal na po kaming hiwalay at mag 8 yrs na at meron na po syang ibang pamilya at ako meron narin bagong familya at gusto kong pakasalan ang bago kong asawa at ang problima ko hindi ko na annul ang kasal at hindi rin ako mka kuha nang cenumar dahil kasal ako sa una kong asawa mag kano ba ang gagastusin para mag pa annul at madali lang ba mag pa annul.
hello. i met a friend who was separated from her husband more than nine years already due to having relationship with other women, physical and emotional abuse. she was also in relationship now and plan to get married but annulment is too expensive and take so long,,, is there any alternatives so that she can remarry?
Hi Atty!
Need your advice lang po. My Boyfriend is separated for almost 15 years. Pero no legal separation po ang nangyari. Dati kasi syang nasa abroad. May anak po sila ng asawa nya na 1 lalaki. His wife is already have 3 children don sa bago nitong kasama ngaun. Effective pa po ba yung marriage nila kung may 3 anak na sa ibang lalaki yung girl? Balak na po kasi namin magpakasal sana ngaun pero di namin alam kung paano ung proseso dahilsa CENOMAR it appers pa din yung name nung dati nyang asawa.
Hoping for your response para naman po makapagapply na din kami ng mga documents na kailangan for our marriage.
thanks
Hi atty fred,my dad had a mistress, and they decided to go to u.s. to be married there, however he was married to my mom, my dad’s siblings went to our house to have a legal sepation signed, but my mother refused. But they did filed that legal separation without my moms concent. i was just wondering what could my mother do if my dad filed a legal separation without my mom knowing, and he remarried in the u.s. The marriage now was annulled without any consent of my mom. Is there any way of knowing who filed that document? Or who is involve in that fraudulent act?… thank you.
Hello Atty,
I was married 3years ago after I get married I work abbroad and after 1 year I didn’t speak with my wife because she wanted to get divorce and she plan something with out my concern to much pride. Our relationship won’t be fix anymore. I want her to move on to her life find someone better than me. What should I do? It’s been two years now that we don’t have communication.
Atty Fred,
Greetings!
I need you advice, I am married to my christian husband and separated for 5 years. I converted to islam, I want my marriage
with him to get void. What is the best thing for me to do, get divorce in sharia court and file annulment in judicial court? if i get divorced in sharia court is this will help to expedite y annulment? Please I really need you advice asap.
Thanks,
Farah
Hi Atty, I will loan a house while my annulment is already on process and only awaits for decision. I do not my husband to sign any documents anymore. What should I do?
I am legally married to my wife for more than thirteen years who is living abroad. In that span of time she come home only 4 or 5 times and the last was in 2008 though communication bridge the distance. I want to have a family but she is past the age to bear a child.
Can I file annulment or legal separation. Please help me. Thank you.
Hi can I asked for child support before filling an annulment?will the child support amount will be different once annulment is granted?
Hi Atty.
I am a Filipina working overseas now. Was married when I was 18 years old and got parental consent for marriage. I want to file annulment for the reason that:
1. he abused me (bruises and all) few instances but never had a police or barangay blotter or report as my fmaily dopnt want a big hoo ha out of it;
2. My boy was traumatized by these incidents as he saw it all when he was about 3 years old only;
3. I was 18 years old when we got married (with parental consent). Reason is I got pregnant but had a miscarriage and my clan elders don’t want me to cancel the wedding;
4. He left us overseas without my prior knowledge. only knowing his plan to go back to Philippines when he was about to board the plane back.
We are not seeing each other for about 4 years already and I don’t know his whereabouts. We don’t have any communication at all until this moment.
Are these enough to file for nullity of my marragae?
If I will be filing an annulment abroad what procedures should I take? And if my reason is the rape case of my daughter (he was found guilty) would that be a ground of filing an annulment?
Hi Atty,
Is it true that within 5 years of separation you can file for annulment? I’m separated for almost 8 yrs is there a way i can void my marriage? Please help..
Thanks..
Dear atty..ask q lang poh sna kong ano gawin q,,almost 7 yeras n kmi hiwalay ng ama ng anak q,,gsto q sna mgpaanul kc poh ang dami nya asaw,,at may anak xa sa iba,,2 beses n xa knsal sa saudi at ska sa davao..pro sa muslim,,valid p ba ksal nmin khit sa mayor lang un,,at ano poh pinakadali prosesopra mpwlang bisa kasal nmin..plz ned ur advise..
I am a foreigner married to a Filipino. We got married civil in the Philippines and in church in my country. is it possible that i divorce my husband in my country? Can i still remarry in the Philippines?
If i don’t remarry after divorce, can i still keep my permanent resident status? We have a child together. I stayed here for almost 6 years.
Hello Atty. Fred,
I was been married last Feb 28, 2013 and upon checking my certified true copy marriage contract, the signature is the solemnizing officer is different from the one who solemnized our marriage. Thus, the solemnizing officer who solemnize us the time of our marriage doesnt get her renew license so it means that she has no right to solemnize us. Can I consider this as a ground that our marriage is void or null?
Thank you for your response.
atty.
tanung ko lng kung ganu ktagal iprocess ung certification of foreign divorce,meron npo akong paper n divorce nko s japan,at authenticate n din po ng dfa at manila city hall,anu p po bang paper ang kailangan ko?slamat po,sana mtulungan nyo ko
I would like to inquire abt legal separation,my husband is having an epilepsy since we got married,is that a valid reason to seperate with him?
Tnx i really appreciate your response
Atty
I have question we’ve been married for a year only. My ex wife and me were separated for two years now my first son which is 6 is with her and my youngest which is 1 is with me. My ex is already living with her new boyfriend father of her third child. I have a girlfriend too she’s residing in the US. We both have the same case the thing was she already file a divorce and just waiting for response. I was planning to marry her after but I can’t because my marriage from my previous still not over. I would like to file an annulment but I have no idea how much do I need. I’m 24 years old. I’m looking for some pro bono or will agree with monthly billing atty. do you know anyone?
Alvin
(Philippines)
good day,
would like to seek some advised. My girlfriend is currently married, and her husband have impregnated her mistress. But before i meet my gf she already know that her husband is having an affair and leaving in one roof with her mistress in UAE. Now my gf would like to know if we can use this as a ground for legal separation or annulment.
Been separated four(4) years ago due to repeated physical abuse and I have documents as proof of what he did…I got no financial support from him since I left.And now I am planning to file for annulment,may I ask if I have the right to ask him to do a share for the fees?
Thanks for the reply in advance Atty.
More power.
Where can i file my recognation of divorce here in philippines? Where i live? Or where i married?
I married in manila but i live in san jose del monte bulacan
hi,I would like to ask if the foriegner husband is have to support his wife before but they dont have children and beside by that the foriegner force out in his house then suddenly in the place were the foriegner stay there were brgy officials because of setllement of his wife then its stated for the summon that she want a support of 30000 pesos a month untill the annullment is finish please give me some advise its needed
dear atty,
i have an american friend who got married 4 years ago to a filipina,.they got married in the phils., last year my friend found out that the filipina was previously married.,my american friend wanted to petition for declaration of nullity of marriage, can he do it from the US..the filipina is still in the phils.and was never been to the US..while the petition is on process, can he petition his new filipina girlfriend for a K1 visa.?thanks
Hi Atty.,
i just got married recently for no more than 2 months but before i marry my wife i was living with another woman for more than a year we also have a child. Me and my wife always get into a fight. i cant live with her insecurities and her childlike behavior. She always bring up this annulment topic. I just want to know how much would it cost to file an annulment case today and how long is the process. I just want to return to the woman i love.
I wanted to ask. I am seperated with my husband for 10yrs now, and I cannot afford to apply for annulment.is it possible that my marriage will be invalid coz it is already 10 yrs that I was seperated with my husband and he have already a new family.
Good pm i would like to ask if i don’t have money to pay for annulment is there gov’t. that will pay for.
I am married and but me and my husband already separated because he has another woman and they are living in one house and they already hve children.can i allow to marry again in a mayor or judge?how long it will take to become void my first marriage to my first husband.
Thank you
Hi Atty,
I just want to ask if it is illegal for a married woman to use her surname and not the surname of her husband. i’m asking this with you because i discovered that my wife is using her original surname in her clearances like NBI, barangay etc. Can she be charged with falsification of public docs?
tnx
Dear Atty,
Good Morning!!
I would like to apply for a legal from my husband. We’ve been separated for almost 13 years, no support to our 2 kids who are already 18 years old and 16 years old and no communication.
Would it be easy to file for an annulment?? Honestly, I don’t have the financial to support this matter.
Hoping for your immediate response.
Thank you and best regards.
Jouanarie
Hi atty im married since 2008 but after 3-4 months living together we decided to separate,until now we dont have any communication.could it possible that i can file a annulment ..what is the best way to do..thank you
Dear Atty.
Gud day poh,atty.ask qlang poh qng ano po dapat q gwin pra mpawalang bisa kasal nmin ng asawa q..2010 po ng umalis aq ng pinas pra mgwork s taiwAn tas poh 5 mnths plang aq d2 eh nambabae n po xa..s pag uwi q poh nung 2012 eh cla prin ng girl nia kya po knuha q ang pnganay q s knya tas s taong 2012 po eh umalis n ulit aq ng pinas tas nlman qna lng poh 2014 n my anak n ang asawa q s bbae nia..kasal poh kmi s munisipyo ng pasay pero wala po aq permiso ng mgulang q kc minor de edad plang po aq nun at aq po pumirma n dpat eh pirma n mgulang q pra s aming marriage contract..2 po ang aming anak at d nia po eto cnusuportahan khit piso pero ok lng po un kc mulat sapol nmn po n ndi xa nagwork pra smen mag ina..
S ngaun lng po gus2 qlang po mpawala bisa ang kasal nmin ng d aq ggastos ng mlaki kc po mag isa lng poh aq nghhanap buhay pra s mga anak q..slamat po
I want to as my marriage,because I’m far now,im here in abroad in Dubai working,5 years now,long time me and my husband separete,no communication 4 years now.my husband have already girlfriend and 1 son,one month old the baby.what can I do my setuation,i don’t like to stay my husband again because I want to give a forever separation to him,help me please…I want to know what the steps i do…..
my respect atty:
gusto ko lang po itanong with regards to my marriage status. nagka agree kami ng husband ko noon dahil parang di na ma work out ang marriage namin last october 2009. we agreed to go to brgy office at nagkasundo kami with written in the barangay na we will separate and giving space to each other dahil nagkaroon din po ng third party sa side nia. so its been how many years na po na hiwalay kami. mag 6 yrs na po. so sa side ko po atty. ask po ako if ever na gusto ko po mag asawa uli paano po ba at ano po ba dapat gawin. meron po ba batas na pwede ba maka asawa ulit po kahit di kami legally annuled.. pls advice me po at salamat sa sagot nio po… GOD bless your heart…
Hi Atty.
The 2nd wife of my brother filed an annulment because of bigamous marriage, my brother has 1st marriage. While the annulment case is on-going, the 2nd wife filed another case against my brother, this time Bigamy. I understand that the 2 cases can proceed independently. But is it right, that the bigamy case can still be filed by 2nd wife? Can we ask for dismissal of this case?
Hello Atty.Fred
Ako po ay nag pakasal sa civil rights noong July 2007 ngunit nagsama lamang po kami ng isang linggo at bumalik na po sya sa Singapore. Nagkakilala po kami kasi naging kaibigan sya ng sister ko and mga relatives na nag work doon. So after po ng civil wedding naming in a week po she went back to Singapore. Nag kalabolabo ang relationship namin sa tsismis po. To make my story short po mula noon po until now mga 8yrs na po we don’t have any means of communication hindi ko po alam kung nag asawa na po sya. Gusto ko pong mag asawa uli ano po pwedeng gawin ko? Thank you po and more power.
I am Karina am married 11 years ago but we not living together with my husband since after we married I want to file an annulment with my husband we have one daughter and she’s 11 years old from now without support to her father. I want to know how to file the annulment and how long that it takes. Please advice me. Thank you and best regards.
how manny month need an annulement to be aprouve?
is that expensive?
Hi attorney. It’s been long years since where seperated is that easy to grab the annualment. We got married 1997 then we seperated 2001.
Maureen, please refer to the related posts in this Forum, starting with this one: http://pnl-law.com/blog/can-someone-remarry-even-without-going-to-court-due-to-absence-or-separation/
Sir Atty. Fred,
I have a problem in my marriage.
Things don’t work out anymore for us, simple arguments turns to heated conversations,always. She has offered me legal separation, but, threatened me with about my professional licenses being at stake.she even demanded that she gets to hold 75% of my income. is there justice in this? she said she’ll sue me on d grounds that i abandobed my kids
Confuser, we really cannot give any legal advice in this Forum. Hope you understand.
Have a good day Atty:
My husband get married for a U.S.citizenship but its just a fix married for my husband can go to U.S. but they never live together ..now my husband want to file annulment but no contact with the girl for almost 13 yrs.is he can file a annulment without the girl permission. ..and how it take a long tanx hope u can help m
Lorna, as discussed in another article in this Forum, the consent or appearance of the other spouse is not required in petitions for annulment or declaration of nullity.
Dear atty,
I just want to ask on how I can file an annulment or divorce to my husband.
Jennifer, please search the other related articles in this site, including this one: http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
how much the money can i spend if i annul my husband??
Good evening! Atty.I would liked to ask you this cause I am planning to file an annulment to my spouse later this year.Is Psychological incapacity is enough grounf on filing annulments?hooe to her from you.thank you!
Amy, psychological incapacity is one of the grounds for a petition for declaration of nullity of marriage.
Dear Atty,
i would like to ask. Where can i get a copy of annulment?
because my mom and my dad are already annuled but they lost their copy.should i going to NSO or CENOMAR.? They havent file it in the NSO i think.But they’re already annuled in the paper/court.
Thank you.
Aiyen, in general, the Decree of Annulment is registered with the NSO. This is annotated at the side of the Marriage Certificate, which means that the details (branch of the court and the place where it was issued, as well as the date of the Decision) will be reflected in the Marriage Certificate. The court should have a copy of the Decision.
If you’re separated from your spouse for 10 years above without any communication at all , is that a sufficient ground for annulment?
Hi!
I just want to ask about the annulment processing.what if the wife of my brother had a child to the other man and they live in more than five years.it is possible that the annulment processing will be not longer?
I get married at 17 years old but they change my age to 18yrs and with my parent consent and my partner is 10yrs older than me. i expirience totaly violent life sense i gent married….i was separated for more than 20yrs now with out any support abandonment my kids is with me….is it posible to file and annulment for this reason
Dear Atty.
hello can i file annulment here in us to my husband in the phillippines?where and how?THANK’S
Dear Atty Fred,
I just would like to seek for an advice regarding my marriage status. To make this short, my husband is actually involved in drug addiction for the longest time so basically I could not contain it anymore since he is becoming violent, that was the main reason why I left our home for 6 years from now. I brought our child with me and my kid was just 4 months during the time I left. We haven’t completely seen each other for 6 years from now, literally. He is actually on a relationship now according to our common friends and I have found somebody whom I have loved now. My concern is, since we are both ok now living separate lives, is it possible for us to see each other in the court for a legal separation since we are both happy living our lives separately and I never asked for any help as I have raised my child on my own, without his help, any single amount. So can we do it, I mean, can I re-marry again to the person I want to share my life with, and same way, can he also have his own married life as well? Please help
Dear Attorney,
I would like to ask with regard about annulment. I have a partner right now, but she is now married. I asked her before having a relationship with her about their status, she said that her husband was neglected them (including their 2 children) for 2 years and according to her statement, her partner had other relationship during his stays in abroad. And right now, her husband asking her to give him a chance but my partner gave her a lot of chances.
My questions are:
1. Do you think that her case is valid or reasonable for legal annulment?
2. What if her husband doesn’t want to do the process of annulment, is it mean that can hinder the process?
3. Are there any other resources especially for us who have limited resources? If there any, where can we go?
Hope you can help me about these queries… Thank you in advance 🙂
Dear Attorney,
How can I find out if my late husband is married twice? Is it even possible to marry twice in the Philippines? The thing is, I filed for a pension from SSS, submitted all the requirement including our marriage certificate from NSO, after a month, I received a mail from SSS and they are asking for the details of another lady. I confuse about the scenario, is there any way to find out if man is married twice in Philippines?
Please advise.
Thank you,
Zyla
Hi attorney. I would like to ask if its possible for my ex to still register our marriage after 5 years without my consent? I’m working abroad for less than two years and been separated with him for that time. But he suddenly call me last year to say he registered our marriage. I dunno how would I be able to check but I want to know if it is possible? Thank you.
Filmae, Certificates of Marrage are filed with the local civil registrar and recorded with the National Statistics Office (NSO).
Dear Atty.Fred,
Can a petition for annulment be dismissed due to lack of interest from the petitioner? My partner filed for annulment and have complied all the necessary requirements but after more than a year since the filing the court issued a letter of dimissal. Where did it go wrong? Was it due to negligence from our lawyer? What possible steps should my partner now make? Please, your advice will be highly appreciated.
Thank you.
Iva, the court can dismiss the case for a number of reasons. Please clarify the matter with your lawyer.
since we get merried she didnt use my for 11 years.she lived abroad.is our marriage still valid atty.?thankz
Juvie, length of actual separation is immaterial as to the validity of marriage. Refer to the related posts, starting with this one: http://pnl-law.com/blog/can-someone-remarry-even-without-going-to-court-due-to-absence-or-separation/
Dear Atty.,
My friend is married for almost 14 years now, after one year of being married he found out that his wife has a child on her previuos relationship. And it is already 3years that his wife left for Manila without his consent and there rumors that his wife is in relationship with a foreigner and his trying contact her in order to talk about their marriage but the wife did not answer his call, she change her facebook account and did no call their children for almost a year now; his planning to file for annulment of their marriage. What are the grounds for annulment and the steps?
Raquel, you may want to read the post again; the answer is there. For the steps, refer to the related posts, starting with this one: http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Good day to you sir! I would like to ask if a legally married couple (husband and wife) are no longer living together for more than 9 year and that they have no communication at all, would that be enough to nullify their marriage?
Thank you in advance, I will appreciate any advice from you Sir.
iamwicked, it would help to search the other posts in this blog. For instance, you may find this related article helpful: http://pnl-law.com/blog/can-someone-remarry-even-without-going-to-court-due-to-absence-or-separation/
Atty,
I just want to ask about are case. Me and my wife married last 2005. But we have some personal problem that we encounter last 2012 when I was in Dubai and she is in Canada. We broke are relationship. And she’s planning to get our daughter to CanAda. when I was in the Philippines last 2014 she send me a letter for a divorce so that she can get our daughter in Canada And I already sign that for the opportunity of our daughter. Is there any possiblity to apply that for an annulment in the Philippines? is there any possible thing that they grant the annulment even she not in the Philippines? I need some advice so that I can make an action.
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hi! I’m Irish and was married since 2002. I got married for the reason that I was pregnant that time and I was told by my employer that I would be laid off from my job. I was terrified knowing that my parents won’t allow me to marry at a young age and I myself were not ready. I got married but since then I never lived with the man I got married with because he himself was still living with his parents and not working at all. Since that time I never saw him and he never even tried to visit our child not even a financial support. I would like to know if there is a possibility that our marriage will be annuled?
Dear Attorney,
My wife and I agreed to live separately, we’re married 18 years, but things have changed. we agreed to separate but i wanted to marry again, we’re separated for almost 4 years. we have kids, i do my responsibility as a father but the husband and wife thing has been over long ago. can i re-marry someone? what do i need to do?
thank you
Adrian
Atty fred,
Hello i want to contact you atty to get as my lawyer how can i contact you…
Hi atty.,
I have a boyfriend which is still married legally to her wife. They were married almost a year then got issues. They separated years ago. The girl is now in US. He wants to be legally separated to his wife now and start a new life with me. He wants an annulment. Also the girl wants it too. They both agreed. They just been married a week before the girl left for US. and they don’t have a chance to lived in one house. The last time they talked a year ago is the girl said she will file it but she is not yet financially stable. And my boyfriend confessed to me that he is the one who do some bad things before that led them to separation. But now he really wants to have a new life. With me. Can he file the annulment first? How long does it takes? And how much will it costs him? what are the grounds he can use? Or is the girl really are the one who can just file it? Please do reply because he doesn’t know what to do first. Even me. I’m so puzzled.
Thank you so much and God bless you atty!
Leah
Is a separated ex husband liable for the children’s educational costs 7 years after an annulment took place?
He has never paid one peso for their two children for anything but agrees to pay IF the children go to live with him. This would be in a slum area and is unthinkable to the mother. Has she left it too long though before trying to get some retribution if that is the correct terminology?
Many thanks and regards. JohnH.
Dear atty. I want to get remarry in other country.. Ive been separate for 2 years but not legally.. What should i do.. Can i get marry with out filling annulment in the Philippines?.
Tnx hope for reply so soon.
Hi Atty. Fred,
Eight years na po kaming di nagsasama ng awasa ko. maayos naman po ang samahan namin kahit hiwalaya na kami. tulungan din kami sa gastusin sa anak namin. gusto ko na din magpakasal sa girlfriend ko kahit sa civil lang muna. May nagsabi po sa akin tungkol sa “Mutual aggrement” ano po ba ang dapat kong gawin?
Maraming salamat.
Good day Attorney!!! I just want to ask if for example, a husband and wife got married in the church in the Philippines and separated, the husband converted to Muslim and after 2 years got married again in a Muslim rights with a Christian lady, marriage happened in UAE. Does the first wife has the right to complain even if her ex husband is already a muslim? Is this an example of bigamous marriage? Is the marriage valid in UAE as this was done in a muslim rights?
Thank you once again
good morning meron po bang form na dapat i fill up for annulment…Thank you so much will wait for your reply
Dear Atty.,
I just got married last year for my long time boyfriend. we’ve been together for 7yrs. I went to Dubai and we are still together. Last 2013 he asked me to resigned and go back to Philippines and get married. so we got married on Oct last yr. but then after getting married, like for only 5 days after the wedding i found out that he was cheating on me. and even if we are married already they are still together. and he even told me that he loves that lady and he dont love me any more. he even asked me to go home to my parents.he pushes me away and called me some things which is not really good.. and now I just want to file an annulment. Do u think i am able to win the case? we dont have kids. what grounds for this kind of situation?
Your reply would be highly appreciated.Thank you.
Atty,
i want to break up with my husband,for some reasons:for 10 years we’ve been together he never done anything for living,hes not helping me im always having a 5’6 for financial needs to both of us,im sick and im tired of my situation being a wife of him,ive done everything to support understand,patient,love..etc..but things get worst until now…my dream for my career was stuck because of him. every year runs till present i am the only one who makes our relationship not be broken…but it seems that hes not making any sense..i need your advice atty that can help me…i decided to file separation nalang…please advise me.
Atty, i have a lived in partner and she is married to her husband long time ago . She is just a plain housewife and I am the provider . I felt she is cheating on me so i want her out of my life does she have right to have a share in my properties as my common spouse if we separate ?
Dear Atty.
I would like to ask if I can file an annulment case to my husband because I discovered that he has having an affair with other woman. Can I use these ground to file a petition of an annulment. Thank you. I’ll wait for your reply.
Is it against the law for a husband and wife who have been separated due to violence and abuse and live in separate homes for 3 years have a live in boyfriend or girlfriend in there separate homes? Both married parties are Philippines citizens
Do you have a link from your site who have reviewed your services (as legal advisor)? I would like to know how effective your firm is when it comes to legal advise. I am pertaining to your client’s review corner. If you could provide a link that will be highly appreciated.
Thanks,
Joe
Hello,
I would like to ask a question about how long the process and completion of petition of annulment, I just read an article about the period of time is base on the location of the petitioner for example I live in QC, the Atty says in QC it will take around 3-5 years, in Caloocan, Makati, Pasig and Mandaluyong it would only take 2 years. So if I want to file in Pasig to get a lesser time of case completion, would that be fine? Please enlighten me Atty. Thank you and more power to your site.
Thanks,
Joe
Dear Atty.,
Ask ko lang po, nagwwork ako abroad, lagi nalang po kaming may hindi pagkakaunawaang magasawa, masakit po sa ulo at lalo na sa dibdib, kung makikipaghiwalay po ba ako sa kanya sakin mapupunta ang mga anak ko? dalawa po anak namin isang 7yrs old at isang 1yr old. , kung sakali pong oo ok lang pokaya na parents ko ang magaalaga sa mga anak ko since nagwwork ako abroad? thanks po!
Hi atty…inquire lng po. Separated po ako more than 11years na…since day one ng separation ni singkong kusing walang bibigay n sustento ang husband ko sa amin. Cause po ng separation namin-laging naglalasing at pag nalasing nananakit as in nananakit talaga, d nagbibigay ng pera kahit me trabaho,d tumutuling sa mga gawain sa bahay at sa mga bata, laging naglalakwatsa…atty. isa po xang mute deaf…hindi nkapagsalita at d nkakarinig.
Ngayon me karelasyon ako…pls help ano b dpat ko gawin na mawalang bisa kasal namin. Wala po akong ganong kalaking pera para annulment.
Godspeed po.
Tanya
3 years na po kami kasal sa asawa ko na Iranian National at hindi na siya nagsesend sa akin ng pera at balak ko siya kasuhan ng Financial abuse & 3 years na po ako inasbandona na asawa. Masaklap pa rin po na pangyayari hindi na po siya nagpapadala ng pera hindi na niya ako pinupuntahan dito sa pinas kahit may sakit pa ako noon at wala siyang concern na asawa. balak ko kasi magpaannulled ng kasal. give me for advise me about my situation
atty
im here in abroad im married and separated almost five yrs ago and we had three kids without his support and i raised them alone with me…bcoz he had now new live-in partner and had one child..
could it be possible im remarried again to a foreigner and file a case for annulment..??
Hi Atty.
As a legal husband can I have the rights to put in jail a man whom I know that my wife 3rd party , He is the cause of our broken family now he attracted my wife with his connections and money ,he even let my wife lend money from him for P10,000 but i dont know the agreement of payment , they even planned a job recrute if I fail its ok but I passed the exam so supposed to be I got the job but they hold it and remarks with conditional then the time I make a series of exam for that job my wife and that guy secretly goin out with out my knowledge . Now my wife ended our communication and ask me to leave her alone I am fixing our marriage and kids custody but she refused and tell me she wont come back anymore to me.
Dear Sir / Madam,
This is Angelita. At present I am working in abroad. It just happen to see this site and so glad that there is a place where we can get useful info regarding the law.
For many years I was not happy with my husband & he was always harassing me when I was in Philippines with him staying together. That was the main reason why I came out of Philippines to work. I mean to stay away from him & his harassment. But, I don’t have any evidence for his harassment on me.
Now, I decided to file a petition for annulment. When I asked about this to my husband, he is not willing to give annulment to me. I mean he is not willing to agree for annulment between us both.
Is there any way to file petition for annulment if my husband doesn’t agree? Can I still get annulment ? How long will it take to get annulment?
Kindly advice.
Regards
Angelita
Atty. Fred
I just want to ask Atty ..i got married 2003 and got separated 2006 ..my spouse is living with someone in Romania and they have a child now. She send me some papers it says she is filing a Divorce and for us to move on in the future. if i file a annulment can the court will declare and approved it? Almost 5 yrs we don’t have communication at all. Please help me..
sincerely,
Hi
I am a south african women, married to a Filipino, he left RSA and went back to your country, we have no divorced as he was going to come back, I see he is now married again in your country, what can I do?
Dear Atty,
I had a civil marriage last Nov. 2010 and I was expecting our Mayor in town will do the ceremony of our marriage, but our Mayor didn’t show up for she was too busy by that time, so they grab somebody to do the marriage and I had no idea who she was.I just noticed our marriage certificate is signed by our Mayor as the Solemnizing Officer is that possible?Can this be a fraud and can this be a ground for annulment?I hope you could reply with my concerns.thanks a mill!
Dear attry
May bf po ako pero may asawa sya..plano po nmen na magpaannual sya..
Pwede po bang maging grounds for annualment na pinilit lang sya na ipakasal sa babae dhl nabuntis nya ito noon..
Gustong gusto ko po sya.. ano po kaya ang pwede nyo po maipayo sa amin..
Salamat po
Hi, I am an Australian woman wanting to marry a Filipino man. He hasn’t lived with his wife for 8 years, living in another province. The 7 years was up last year for his annulment, which his wife wants, she has a baby to another man and wishes to marry him. How much does it cost to go to court for an annulment? We will pay half and she and her partner will pay half. Is there much waiting time after the papers have been filed? Is there a certain waiting time after the annulment that couples have to wait before they can re marry? My Filipino man and I want to get married in Australia. He will be looking for work there and living with me in Australia. I know there are a lot of questions, I appreciate an answer. Thanks.
Dear Atty.Please help me..I was married 7years already but after two months we are separated and I got pregnant and now our child is already 6years old getting 7 on January 2.I don’t even have support from my ex.for our child and i want to make it invalid our marriage because it’s already seven years…
Atty,
Dont know if you can answer me. Would to ask if my boyfriend is separated for 5 yrs by next year and no communication. will his marriage be null and void? or do we need to file? and also is it possible that we can be married through civil while waiting for the result?
Atty.
Hello how are you Atty.? i just wanna ask if were been married in the philippines and my husband already citizens in Australia and when we got married i was just 17 by that time do you think we still go to philippines to apply for annulment there? and it is possible that our marriage would be annuld because that time i was just 17 years old and I don’t know how it happened.hope you’ll help me with this thank you.
sincerely, Grace
Good day,
I’m planning to have my annulment this year but still i can’t find attorney that can help me with this matter. Pls help me to have a good attorney with reasonable price.
Thanks ang God bless
Atty,
What if i am civil merried but i dont have record found at NSO.we get merried at manila city hall on oct 20,1997 but the merrage contract has regester at caloocan city hall..sir its posible my merrage is fake or not??? Tnx
Atty, I have 2 childrens ages 8 & 16, my wife and are separated for 6 yrs. since I am here in abroad.. My children is with my parents now, my wife also have 2 childrens from her present husband, can we both remarry again? What case can we file for annulment? Please help me thank you atty.
I would like to ask some help how much long I would spent if I want To make legal separation if our law doesn’t allow devorce.
Am a married woman and my husband taken Me for granted while am working here abroad.nag uwi xa ng ka live in nya at balita ko manganganak na ang bagong asawa nya all I want is to settle up my freedom ayaw kong magsampa ng kahit anong kaso alang ala sa anak namin na nag iisang lalake 9years old gusto ko po ng legal na hiwalayan pra maging malaya akong makipag relasyon o makipag asawa oung sakali mang gugustuhin ko.pls i need help
3 yrs ago we separated my husband both of us willing to separate then until now i do not have communication wth my husbnd. Could i have boy friend now? It is ok or not? How can i file annulment?
In the case of an annulled marriage, can a mother demand support from her son’s father who has not been supporting for 10 years already? Thanks Atty.!
Lawyer,
I got married here in jeddah ksa into a muslim with my fellow overseas filipino worker. He was already married in the philippines and wanted to separate with his wife there due to lack of communication and response to him since 5 yrs ago they were together about 10yrs he have heared lots of rumors about scandals of his wife in the philiipines before he just disregard this for he is loving his two children which resides with her. He studied muslim here in jeddah but didnt get his certificate yet and his wife also take shahada in the philippines.. And now the wife found out that were married and they were telling that my husband will be deported once they report our marriage to the embassy.. What shall i do.. Is our muslim convertion can save us from this problem if ever..?
Hope for an answer.. TIA
Dear Attorney
My husband is missing since 2002 we dont know where his whereabouts.I am planning to remarry what is the best way to do to clear my status?.
Thank you
Atty.
I am married for 1 & half year.. i discovered that my wife had girlfriend (lesbian) and she choose to stay with that lesbian.. is this can be a ground for annulment..
thank you
Godd bless..
Hi, What if I got marriage twice from a different persons. and my first marriage as of today is on the process of the finality of the release of annulment. does it mean that my second marriage is “invalid” noting that we have solemnized legally our marriage and able to obtain the marriage certificate licensed from NSO . Or shall we need to remarried again after we’ve got my annulment to proof that our second marriage is legal?
Please need your legal advice
Hello Ma’am/Sir,
I need some information regarding my status. I just had an annulment done recently due to bigamous marriage. I am just confused which last name im going to use for my I.D’s. My first marriage at my young age was a rushed wedding set-up by our parents. However, i haven’t use the last of my first husband since i thought wasn’t legal. Then i got remarried with another man since 2000 then unfornately my first husband died due to accident in HK in 2002.
Some reason we found out that my first marriage was legal because one of his relative got some copy of our marriage from NSO to claimed insurance for our kids.
My question is what last name i’m going to use now since im back to single legally and all my i.d.’s that I used is from my second marriage. Plus my second ex- husband and i are planning to remarry soon and this time will be legal na po. sorry for this very complication story…
Sincerely,
Ms. Saggi
me and my husband got married here in the philippines 2005 but our relationship didnt work out and we got separated 2006 and he file divorce in honolulu hawaii united states the divorce decree granted last 2008 he got married after that..but my concern is how can i process my papers here in the philippines i dont have money because here in the philippines consider that im still married to him.and now i wanna change my passport to my name because i am using his last name.I went to nso and they told me to go to city civil registry they give me the affidavit of late ragistration..what will be the nxt im going to do so i can annotate my recor.thank you
Atty. Fred,
I just want to ask that what if the other party who filed the annulment case said that the other party was dead already eventhough its not. What action can I make as their child? Please I really need your help.
Is it more easier if the both parties are willing to fIle the annulment? What will be the procedure especially if the both parties are ofw? We are been separated for almost 8 years now and it’s very rare we are having communication with each other, sometimes once in a year. Kindly please advice.
i was Married 2 months right after my 18th bday … Had kids and separated with my husband at 21… We had 3 kids ages 21, 19, and 18… I left and hide for so many years from him and his family as he had Nervous Breakdown when i gave birth with our 3rd son and he became mentally ill and beat hit and almost killed me and my children… I ran to my parents and i left town… I came back 6 years later he already had a live in partner with 4 kids… So that only mean we were not together anymore for 18 years… He never supported our kids and now i have other 3 kids of my own with new relationship… And i wanna remarry again… Do i still need to undergo Annullment or my marriage to him was already null and void after 18 years of separation…
I was punched and burned cigarette with my husband, that was 4 years ago. I want to file annulment to him. can I use this to file annulment? I have record from police office and medical certificate of what he did to me. Can I use that to get annulment?
Attorney my husband leaves me for ten years im filipina he is American. We married here and we dont have children. But i have a son when i was not married yet. He want to annulled our marriage, so ten years is enough for annulled?
Hello Fred.
I have a Philippine lady friend in Arabic Country working she is not divorced her husband left her with 2 kid and not supporting her. Now she works very hard in Arabia to support her family. We like to get married in Philippine but she is not divorced, What can be done and how she can get divorced there and we can get married in Philippine ?
Thank you very much. I do have my legal divorced document from USA. Originals.
Metin
Would it be a ground for annulment etc. if the husband does not/incapable to provide financially for his family since marriage?
Dear Atty. Fred
Hi. I just want to ask if my marriage with my husband can be annulled with the grounds of caughtinghim cheating on me many times, and throwing nasty things about me. We got 3,kids and right now I just want to file for an annulment.
Thank you.
My brother whose actually married want to file an annulment with her wife. Is it possible if ever since the marriage of the both of them is just by forcing my brother to marry the girl. In Tagalog they called it “SHOTGUN WEDDING” theres no love involve ever since the wedding. thank you for the response. sorry for my English.
Atty.,
We are newly married and after 8 months my partner got mentally ill due to depression and anxiety and I’m not sure if it runs on the family since I heard there is a relative of them that commit suicide due to depression . He’s well now due to medications and hopefully the sickness won’t come back anymore. My problem is though he is treated already and back to normal life I have a fear to have a child because of emotional fear if he can take care of us though he got a nice job already. My fear and feeling unsecured is the one holding me to continue my relationship with him and to get pregnant. One of the reason why I go married bec. I want to have a child, but if I have this kind of feeling I don’t know what to do. Can I file an annulment for this case? Thanks.
My husband file petion for annulment but I have no way to attend the hearing since im working abroad what are the consequences of not appering.they send the letter in my cousins house.
hi atty.im asking about all information about annulment processing?what documents are need to annulment and how much cost if you need to do this annulment .please let me know.thank you.
good evening po Atty. matanong ko lang po sa case ko. ikinasal po ako sa edad na 21 nagpakasal po kami noong Aug.12,1991 tapos iniwan niya po ako May 13, 1999 hindi na po kami nagkita. wala po kaming conjugal property, wala po kaming anak, ano ang dapat ko po na gawin para mapawalang bisa ang kasal ko po? ikinasal po pala kami sa RTC Cebu branch 12. kailangan ko pa rin po bang mag file ng annulment?
Hello sir.is there a possible way of getting a annulment without paying .im single mom for six years.my husband had an afair with my uncles wife and they live together with 2kids and 1kids to another lady.i want to totally be annuled to him but the problem is i dont have that big amount of money.if u can help me pls. Thank you. I dont the time to go the lawyer cause im afraid to pay .i need to work to another country to support my 3 kids.
My husband cohabiting with married woman and she is now pregnant. How can i file a petition for annulment? We married before a judge. Now that pope announces that annulment is free of charge, what about if petition is filed in court is it also free of charge?
What is the first move for church annulment?tnx
sir,
im married to a japanese here in the philippines. He is already divorced in japan to his former filipino wife here’s the problem when i’ll go to CFO (commission of filipino workers) to get my certificate to be an immigrant they looking for annualment/recognition of divorced before they give me the certificate but the problem is the former filipino wife is now living in japan and my husband don’t have any communication with her anymore eversince after they’re divorced.
my question is, my marriage is still valid here in the philippine even if the former wife haven’t recognized the divorced here in our country? should we the one who take the steps to recognized it in the philippines? i’ll really appreciate if you answer my comment.
how can i process the annulment if the guy dont want to agree with the annulment im about to file,he hurted me and i was about to die that time,it happened just before 6 months..and he also said bad things to my child..with my bf before..
2007 nung nagdubai po ako. lagi po kaming nag aaway ng asawa q pinagbibintangan aq n may babae daw aq s dubai. pero tuloy p din ang padala q s knya. wala ho kming anak. 2005 nung kinasal kami s civil. dahil daw po baka may nangyare n smin kaya pinilit kmi n maikasal. hanggang s wala po aqng magawa. dumating ang 2008 ng november nanganak cia n ibang lalaki ang ama. dumating ang 2009 may nkilala aq s dubai n babae naging kami. tlgang iniwan aq ng asawa q at nabaling ang tingin q s iba s sakit n gnwa nia. ngaun nagkaanak po ang asawa q s iba nung 2008 at aq po nagkaanak s iba nung 2012… may knya knya n kming buhay. gusto lang po sana n maging legal n hiwalay kmi kasi wala nmn kming anak. cguro tlgang ang nagtulak s knya n magpabuntis s iba ay dahil pilitan lang ang pagpapakasal saamin. may pag asa p po b? para maging malaya siya at ako..
sana po may maipayo kayo qng anung dapat qng gawin
I am married not in the church but it was a civil wedding.. an assigned judge conducted my marriage .. is this covered by the nw rule the Pope from Vatican gave as making the annulment fast
Hi po attorney,
Magandang buhay po sainyo.Gusto ko po magfile ng annulment gaano po ba katagal o ilang taon mapawalang bisa ung kasal ko sa iranian national.
please help me about this and give me advice for me.
Lubos na gumagalang,
roxanne
i hv a friend who had bf ang the guy told her n my kalive in cia. pero nlaman ng friend q kasal ang guy sa huwes.. ang witness nya ay family ng babae at isang kpt nya.. ninang nya ang tumayong magulang..pero 21n cla pareho nun.. tpos ntuklasan nya my other guy ung wife at ngbabalak mkpaghiwalay d lng mgawa.my anak n cl. tpos nkahanap din ng iba ung guy. ..valid po b kasal nla kung pinilit cia ng family ng girl at d umatend ung parents ng guy.. or kung d naregistered kasal nla.. pwde po b wag nyo n post email q.. kase marami nkakaalam..tnx po.. i need legal concerns lng po.. pero kung ipopost nyo po name at email add q.. wag nlng po nyo sagutin ito.. or ipost.. tnx po ng marami.
Atty,
My concern is that i am merried to a man older than my age . As of now i am 26 years old. Im merried to a japanese man for five yrs now, in our first yr of being a couple he petition me to live in japan but it only last for a year. And before i came back here in the Philippines we already fix our divorce paper in japan. Now what should i do to file an annulment paper here in the philippines its been four years n wala po kaming contact s isat isa at di ko n rin alm kung saan sya hahanapin. Pano po b ang dapat kung gawin my documents po ako ng recon galin sa japan pero d ko alam kung ano ang dapat kung gawin pra ma annul n po ung kasal namin ng una kong asawa.?
Attorney Fred,
I am a converted Muslim, I converted 2 yrs ago. My husband is a Christian. Over the years of staying here in UAE, me and my husband has so many issues about him and our marriage. On my religion if you are a woman it is automatic that when you reverted to Islam your marriage to your Christian husband will be void. And last year our relation was very unstable. And now he is here with me in the UAE. But i found out that he had a relationship to his neighbor in the Philippines and got that lady pregnant. He confessed to me about that matter. Now we decided to get separated and we both signed a letter about our separation.
Atty. What are the steps that i can do to make our separation legal and what will be the role of my religion into this separation?
I look forward to your prompt answer, thank you.
Attorney I would like to ask my situation I was married to a married man but our marriage was done by tribal ceremony.Is our marriage considered legal?
The fact he was not annulled or divorce with his first wife and they were not leaving together for 4 years.
Hi sir, Ive got married when I was 16 years old last 1988 no parent consent with my ilnlaws only my mom was there during our civil merried my husband is 21 at that time but we seperated 15 years now …and we both had partners now ..is it possible if I annulled our merrage it will release fast? Thank you have a nice day
Atty,
I was 18 when I got married. I was pregnant. After a few months, my husband became abusive, not really physically, but emotionally, mentally and there are times that its sexually. I kept it to my self for years that I’m with him. But last Feb, I took a stand. A lot of people told me that my doubts are real. All of them. I would like to know if what Im going to do. I want to break away from our marriage and from him. Thank you.
Good day atty. i have been wanting ti file for an annulment. I have been separated for more than 10 years. My daughter has not been receiving any support from her father. I do not even know his where abouts. I went to a pao office and asked they are requiring for a cert from a psychiatrist the problem is i do not have money to pay the testing from a psychiatrist. Is there any possible way that i can still file for an annulment even if i do not have the cert from the doctor?
Thank you and more power
My husband and I married here in the Phils, but he left me with another Filipina woman. He filed an annulment but it was not granted because he make a false statement regarding our marriage. So, then he and the mistress went to USA, since the woman have a family there. He filed a divorce telling a lie again, he said im living in malabon but the truth my permanent address is in caloocan. To cut the story short the divorce was granted which I never received any copy. Does he still need to file this to the Philippines? since she marry a Filipina also in the USA?
Good day Atty! I filed for annulment but I got denied, is it possible for me to
File for reconsideration on a different court? Because someone told me that
The judge where I file my case doesn’t really grant any petition for annulment?
Dear Atty Fred,
All po ay nag file ng annulment ngunit na denied po ito maaari po bang mag file
Ng petition for reconsideration sa ibang court? May nagsabi po sa akin na walang
Gina grant na annulment ang judge na ito, possible po ba iyon?
Having got a legal separation, can an annulment be obtained by virtue of this legal separation?
In my case the legal separation would be due to my wife’s infidelity and having another mans child
John
Goodmorning,
Gusto ko lng po magtanong. Pasensya na po hindi po aq magaling mag english kaya tagalog nlang po tutal dito rin nmn po tayo sa Pilipinas.
Kasi meron po akong kasintahan, kinasal po siya dati sa edad na 19 or 20 years old siya kasi nabuntis po niya ang babae mas may edad pa po sa kanya. After ilang months iniwanan din po siya ng babae kasama po ang anak nila. Hangang ngaun hindi naman po ngpaparamdam ang babae sa boyfriend ko, wala po kahit anong communication sila at kahit sa facebook sinubukan ng boyfriend ko na magcommunicate sa kanya alang alang sa bata pero binlock din po siya. Wala kahit anong balita ang boyfriend ko sa kanya for 10 years. Minsan tinry namin using ang ibang facebook na makabalita sa babae. Nag asawa narin pala ito ulit at nagka anak narin.
Possible po ba na mapa wala bisa namin ang kasal nila sa civil? Anu po ang pwedi naming gawin?
Kung sakaling balang araw gusto naming magpakasal.
Gusto ko lang po magakaroon ng sagot ang aking mga katanungan buling isang babae. Kasi parang lumalabas na kami lagi ang lugi sa mga ganitong bagay.
Maraming salama po
I’m married with a Philippine man and suddenly my marriage was not working in 2009. My husband was harrass me physically which means against right for woman I put him in jail and in 1 year time he seek for my forgiveness then he promised not to do it again. As a wife I withdraw my case against my husband and suddenly he did it again for me. Then we talk to each other that we need to cut off our marriage. We both agree that we doesn’t care to each other. We have to chose different path and we both sign it and the attorney. That was happened in succeeding year. Now my concern is it possible that I can re marry with an indian national?
mr atty
I been marriage for third time the frst and second was a foreigner and the third one is filipino .. I been married by japanese at my frst and second , the frst one is in the philippines last 1999 and been divorce last 2000 and the second marriage was 2002 japan embassy was gaved me a legal capacity for marriage licence and i was divorce again by 2006 and i been single for 2 yrs i been married again last 2009 in the philippines and i already get my nso marriage certficate already by this time im doing to petition my daughter and my husband to live with me in japan but why they ask me for annulment from my two former married ? But im already married by my filupino husband and im living for almost 6 yrs and we have already 1 child.. Do i have the exemption for an annulment because the time that i was marrued they didnt ask me for that annulment and u think they didnt already established the said article when the time i been marriage for my 1st and 2nd marriage..?
Atty..
How can apply a legal separation….but I have two kids with my husband
..
For nullity of marriage.
what if the person who conducted the marriage is dead? Not a judge or a priest. He was just in charged of notarizing documents. I was advised by my neighbors that he doesnt have legal powers to conduct wedding, what can I do about it?
How much it cost for annulment here in Phil.
I am 16 years separated My self due To I Found out that My husband had a first wife,after 10 years of been couple.. is this what u called fraud??. is My marreage To him still legal OR void?? I dont know if they are Married. but They have 2 kids and I have 4. My kids and I are here in The US.i don’t get any moral support from him when every time I had problems to our kids.
can I remarry again without applying a divorce
thank u for the reply.
Hi. Good day! I would like to ask for an advice.
My mom and dad got separated for almost 23 years now. Since I was born they got separated, bu the time I was 12, My mom discovered that my dad got married to another woman a year after my mom and dad got married. I have no communication with my dad anymore. My question is can my surname be change into my maoden name? Since, I’ve been using my Maidens name in some of my pertinent documents. Is it possibe or what are the grounds for changing my surname without marrying?
Hi my bf have signed a marriage cert to a girl last 2011.but according to him it was not filed in the NSO on that year..they were married by the mayor and all the copies was on the girl because at that time the girl is studying, they were keep the certificate and didnt give any copy to my bf and the parent of a girl said that they will file the certificate once the girl was finish to study.And from the begginning of their marriage they are separated,they live in a single life..And now we are on 4years in a relationship and were planning to get married..Is their marriage is a possible to be null and void..Please reply
Hi Attorney,
I hope this website still works. Lol. Attorney I have a question. I filed my annulment and my last hearing was Feb 2015.The memorandum was submitted and received by clerk of court on July 13, 2015.Do you have any idea what i should do next?
Thank you so much 🙂
Good Day atty,
Im separated for 5yrs nw. My husband already had his family with 2 kids in canada. Thats all i knw. How can i sue them? What should i need to sue them?
I have no proof of evidence. Atleast i knw what to secure. Please help me. Thanks & God bless…
Dear Atty,
I was married for 23yrs, last 2008 we separated but did not seek for legal advised on what would be my rights and how much would be my financial support if ever, thinking that my 3kids were on the right age, not until now that I am in financial difficulties. For the entire years of separation, his financial support for us is only 20% of his monthly income. My second son, undergrad, jobless, newly wed with 1 newly born baby is in my custody. I am currently in financial difficulties. Do I stil have the right to seek legal advise for my financial support? Do I still have the right to claim for 50% cut in his monthly income direct from his employer?
Thanks in advance for your advise and more power!
I have a question? Im so confuse about my marriage. may husband is japanese. He is married in Philippines, they are already separated of his former wife. And we got married in japan. The question is “is he still married in phil. ? because the is no divorce in phil. and how about me do im still single in phil? But i can get our marriage contract in nso in phil.”
Atty,
With the intention of getting a Marriage Contract, my ex-girlfriend (single) paid someone to acquire a contract and have the marriage registered to NSO successfully. We did this because I have an existing undisolved marriage and we cannot marry each other legally. Now my girlfriend and I are separated and she found someone else to marry. She filed an annulment case of “Declaration of Nullity of Bigamous Marriage” which I found incorrect because our marriage is void lacking essential and formal requisite and cannot be considered as bigamous. Our marriage was fixed and no actual solemnization with the presence of solemnizing officer and no actual witness renders it invalid. We where outside the country and the place declared on the contract happened in Manila on that date. Is filing an annulment necessary? What else could she file aside from annulment to clear things up so she can marry the guy?
I have a friend who has been separated with his wife for 4 years now, and his working abroad. My friend has a girlfriend and the same with his wife who is in the Philippines and has a boyfriend also. They’re both happy with there own relationships now and both moved on, and they both decided to file an annulment to nullify there marriage. Would it help now that they both agree to it? Is this going to help nullify the marriage since there is no way that they’re going to get back together?
Dear Sir or madam.
Married po ako since 2005 but after our marriage my husband always hit especially when he was drunk or high in drugs he always abuse me physically and verbally in public then we separate At 2010 not living together my daughter was on my side.at 2013 I work in abroad I haven’t seen him until now lately I got news he have a part time live in partner and the pdea in our city look over for drug trafficking issue. Now can I ask a legal separation without asking his permission because if he I’m afraid he would be disagree he’s an addict alcoholic drink and wild person. Pls tell what would be the best thing I can do…
I’m scorpion girl
Dear atty fred
atty i discovered last year that my husband has been married prior to me to confirmed i have a copy of his marriage contract to the other woman can i void my marriage to him without going in court? and can i re marry again? all my legal documents i carry his family name. i want to declare single and change all my document passport sss and others doc ? what to do atty? thank you and God bless you.
Atty. Fred
Is it possible for me to file a devorce here in philippines, I was married to american and we get married here in philippines 7yrs ago, we been seperated for almost 6 yrs, no communication, no child support no anything, what ground i can possibly used? Beside psychological incapacity?. In other hands changing date of marriage, venue, and home address can be possible ground to go file nullity of marriage, In addition to psychological incapacity ground?
My spouse was younger than I. He lied about his age. He was younger than I, and knew I would not marry him if he was younger. According to his real birth certificate, he was still 20 years old for 21 days after. There was no consent given by his parents. We have been separated for 13 years, but I only discovered the truth about his age in November. Does this meet the grounds for “mistake in identity” for nullity? Or, do we need annulment?
I am a New Zealander, I met a woman in the Philipines, we want to get married however, she is currently married. She has not even seen her husband for last four years as after he left her he ended up in jail. My question is simply, How do we marry legally either in New Zealand or the Philipines?
i would like to ask if i can file nullity of marriage if i found out that my husband is married in Saudi Arabia by muslim rites and didnot told me that he is Muslim. is that possible cz they are fboth filipino and they are both married in their partners in the Philippines? is their marriage valid here?
Atty.
I have a bf but he’s married (6years not legally separated).. and I’m pregnant now.. he has no communication to his ex wife for past 6 years.. we want to get marry.. but how?.. we don’t have money for annulment..
Pls. Help me..
could i file a legal separation with my husband because we separated already for 8 years since birth of our daughter.no support given to us since then.he has another woman and family already. i dont want that when i die my daughters will not get the full benefits that i have.kindly help me.
Attty
Good day,19998 po ikinasal sa catholic chutrch asawa ko? Actually hindi maganda naging relasyon nmin year my isa kming anak na lalaki at that time.pero bugbog sarado ako saknya pati sa anak ko lalaki na 11 months plang? Plagi parin xa sa alak pag hindi ka ngbigay ng pera binubugbog ako.so i try bigyan xa ng babaeng anak year 2002.pinanganak ko ank ko dumating ang isang babae sa bhay.ignore ko lahat ng pambabae nia ? Nagkaroon sya ng sakit na tulo.binigyan ko xa ng pera pampagamot nia? Pinauwi ko xa dahil hindi ko na kaya ginagawa nia.2004 wala na kmi totally.umalis ako ng bansa para 2 kong anak para mapalki ko 2005 nablitaan ko nagtanan cka ng babae nya? Umuwi ako para ayusin ang lahat para sa amin
Pumunta ako sa brgy para sa kasulatan ng anak ko? Kaso hindi parin xa nagbibigay ng sustento ng mga bata.
Advice lang po attry for how manny years na seperate po ako? My taong gusto magpakasal sakin
Pwd po ba akong magpakasal…..I know 7 years separation u can marrying again
Thank u po
Im a ofw in my husband is alcoholic his not working eversince im supporting him and my kids i want a annulment or kegal separation is it possible.pls reply thank you
QUESTION:
I was married before and within 6months of marriage my partner was caught in an adulterous relationship that resulted in she conceiving twice for the adulterous man with one alive. I have tried in many ways to get the marriage divorced but all failed. Five years after I also got engaged to a lady, now I need a divorce certificate for the previous marriage since I don’t want to find myself wanting in the future . I therefore sent the case to court and she has been served by the court to file her defense .
I want to know if in my case I will charged for bigamy or not and if yes , what advice do you have for me to use as a defense and guide to win my case in court. However the two families have met five years ago and devolved the marriage traditionally . Thanks and I look forward to your kind advice.
Atty. Fred ask lang po kung grounds po ba sa annulment yung nagkaanak yung wife sa ibang lalaki?Paano yung proseso?Thank you po!
attorny gsto kpo mpaswalng bisa ung ksal k sa civil mtagal nrin po akong hiwaly dahil sa mas ginsto p ng dti kng aswa n mkipgrelsyon muli sa dti nya nong ten ager p sla mtagal po akong ngtiis sa knya n bka mgbgo xa mtutunan nya akong mhlin dhil my mga ank po kmi ngunit bligtd po ang nangyri hingi nya sakin n plyain kna xa dahil nhihirapn at umiiyk dw po xa dhil sa babae nya pumyag nrin po ako dhil nrin sa lgi nya akong sisaktn andon ung pluin nya ako samplin suntukin hmpasin ng pinggn n my lmn ng kanin at ngkron po sla ng ank na ngyn po ay walong taon n ung bta at ung babae po my aswa rin n foreiner gsto kpo sa lalong mdaling pnhon po sana n mapsawalng bisa n ung ksal nmin pnu po kya un attorny andto p po kse ako sa lebanon
If she legally married in the Philippines, but has been speperated for 10 years. Can she legally get married in Canada without getting a divorce in the Philippines?
Good day Atty Fred,
I would just like to ask if someone is legally separated, can he/she be in a relationship with another person?
Hello.
Is it pose bol to spaek in rhe nederland. Ik heb een vraag.
Na vier jaar huwluke wil uk scheiden.maar als ik gescheiden ben kan ik dan op de philipeine bijven wonnen.
Dear attorney, I’ve been married but the marriage never took place. My papers were included in the processed documents for mass wedding. It has both of our signature, my husband and i. It was 4 years ago and now were not together anymore. There’s no evidence, pictures and all that we did get married that day (2012) Do you think i can remarry or am i still married with the guy? I want to marry a foreigner, how is this going to affect me from getting all the documents i need to marry in the states? Thanks, I’m looking forward to your reply.
Dear atty. Fred,
My girlfriend now is separated to his husbund for almost 11 years, they are married but no assistance at all, no contacts etc. They have a son and the boy is with his father, and maybe he is with other girl now. My girlfriend is with me for almost 6 years we have two children, is this can be a ground for an annulment of there marrage? Can we marry each other without permission of her ex? Pls atty. Answer my question.. thank you so much.
Hello Attorney,
I am married for 13 years now, but i left for thailand and stayed here for 5 years already, we have a son and i send money for child support every month to her, but we’re not ok anymore, i have a gf now and she just gave birth to a son to her new bf just this month, i want to seek for legal advice, is that enough grounds for legal separation or annulment? That in fact that were separated for 5 years and she just gave birth to a new baby to a different guy? Thank you
Hi.good day.i would like to ask for advice.i was married 2011 when i got pregnant with our kid.we had to get into marriage to save our job but we were so in love then.a year after, our marriage became so unstable. I found out months after our marriage that he had a son.his family knew about it but didn’t bother telling me all coz they assumed i already knew..after that,he had an affair with another woman..we are not together for 2 years now and i didn’t even know his whereabouts.if i file an annulment,will there be a chance that my case will pull through?thank you.
Atty..
I would to know..how much the annulment and how many months finished the annulment…??
Hi good day sir can i ask about my fathers concern about his marriage. My mom is just the live in partner of my father because they were afraid that the first wife of my father would come back.now my question is can my father re marry my mom?because the wife of my father is absent for almost 27 years.and can my father get married when that time he doesnt even have a birth certificate and at the age of 17.
atty,
I would like to know what case should I file/ am I qualified to do so. I left my husband for almost 8 years now… (lesbianism). now im thinking about some property I had within that 8 yrs. and about to get another this year…that’s why im thinking if I cld file a legal separation? or other case so that our property will not be under conjugal anymore.
tnx
Good day Atty:
My Father was married civil when he was still 21 with a woman age of 18 in the year 1986, 1 1/2 months of being together he found out that the woman have sexually transmitted diseased due to her former job in club. My father experienced the gonorrhea (sipilis) during the time that lead them to separation. after 11 years he decided to marry my mother in the church. Is the wedding of my mother be void or valid? My father and mother has 9 blessings whereas the former none. When my mother process their marriage contract she found out that her name was not there the name of the first wife is written. Please help me. God bless and more power!
Jane379
I hav a boyfriend hu is “Separated ” to his wife in d Past 3 yrs.d Rison Is dey Hadnt hav a child of der Own because of d infertility of d wife and Alcoholism..we Want to File An annulment but his wife went abroad.wat shall we do? Is ds enough For us to hav an edge in d annulment case we Wanna file?
atty Fred:
can i marry abroad even i’m married here in the philippines but already separated for almost 8 years
thanks
My friend is planning to get an annulment. They still live in the same house together but no physical contact..can this be a ground for annulment of marriage?pls reply
Atty,
Good day!! I really want to know how can I apply for legl separation!! My husband and I have been separated for 9 year’s!! I’m here in other country !
Can I apply here for my legal separation what I need to do!?
Please can you help me!!!!
Thank you !!
My God bless you!!!!
Hi. Im a former filipino but a naturalised uk citizen. I have secured my divorce paper and is planning to marry in the Philippines. Do i need to get annulment in the Philippines or my divorce paper is enough? Many thanks
I have a? I want to marry a Philippines woman she is legally separated but can’t afford annulment what can I do to speed up the process so she can get divorced or annulment we can’t afford the money to pay for it because they want $6,000 for annulment she’s been separated for 3 years now she has a child by the other man he does not pay child support or no support whatsoever I’m wanting to marry this woman then bring her to the United States what can we do thank you
If a Filipino has been separated from her husband/abandonment for 7 years or more, can she file for annulment or legal separation if it has been found that her spouse has a child with another women? The child is 6 years old.
Atty,
Just want to ask I been separated for my husband for more than 10yrs and he’s leaving with other woman can I still charge them of anything? I’m no longer a Pilipino citizen
atty. it is possible to remarry a filipina outside the phils (UK) even her marriage wasnt annulled yet?
Good day poh, Im married to British nationality last may 19,2014 civil po kami at sa condo lng ng friend nya sa pinas ginawa yung ceremony. Gusto ko po sana malaman kung anu dapat kung gawin to file a divorce to him kasi nasa UK naman sya ngayon at gusto ko na makipaghiwalay sa knya. Sana mabigyan nyo ng pansin. Thank u po.
Dear Atty.
I was married when 19 coz i get pregnant after i graduted.i give birth same year 1999 of my daughter.2001 i decided to go abroad coz my husband was involve on a case an was on jail and was on jail for almost 2yrs..before i go home after my contract i decided to separate with him because my mom says he is still involve in drugs and the time im home i heard the truth about having another woman.so we separated for 13yrs.he had kids with his new wife we dont have any mean of communications..and i have 1baby from my second husband last year.and my ex husband now is on jail again because of drugs..
Atty.what will be the right options i can do..file annulment or my marriage can be void because we sont have any mean of communications.and he dont support my child since then..
Thanks and hope you can help me.
Atty Fred,
Have a nice day Sir Fred. Ito po ang question ko at sana matulungan nyo po ako. I got married last Nov 8, 2003. Then after that hindi na po namin inirehistro yung marriage contract after the wedding ceremony. At wala po kaming any copy na binigay nung ng solemnized ng kasal namin noon. Nag try akong kumuha ng marriage contract sa NSO at wala din pong naibigay na marriage contract dahil wala daw naiforward yung local civil registrar at duplicate lang daw po iyon. Kumuha rin ako ng CENOMAR at under verification lang and ang copy na binigay sakin. Hiwalay na po ako sa asawa at may isa kaming anak. Wala po syang support sa anak namin since naghiwalay kami. 11 yrs na kaming hiwalay po at never na kaming nag usap or nagsama after that at wala na kaming totally na contact after ng hiwalay po namin. Ano po ang gagawin ko para mapawalang bisa ang kasal namin? Gusto ko po kasing magkasal ulit. Pls help me. THANK YOU IN ADVANCE PO NAD GOD BLESS YOU!
ANN
Atty,
We got married june 2011 but then i learned that he had an ongoing annulment case with his first wife. But then by dec. 2011 their marriage was declared annuled by the court.
I just want to know if my my marriage is valid?.
Hi Atty, I just want to ask a few questions regarding getting an annulment. I got married March 2013 and had a baby with my husband at June. Come 2015 we separated. I had hin reported for physical injury for 3 times on 3 diff locations but never really went through the entire process of filing a case against him. At 2015 we also signed an agreement at our brgy hall that states that we will be seperated for the mean time. Now I want to file an annulment however I don’t have communication with him anymore and don’t actually know where he is but Some says he already have a girlfriend. Do you think I can get documents from my reports and use it on the annulment and do you think I can get the annulment even if he will not show up or sign documents? What do you think do I still need to prepare for the annulment that I want to file? And where should I start, how will I file the annulment? It was only a civil wedding through mayor. Thanks in advance for your help.
Another thing. He already has a son but is not married to the mother. and He can’t get NBI Clearance because he has an estafa case back in bagiuo before we got married and I only came to know about it months after we got married. I think that would also help.
Hi sir. I got my first marriage on 1980 but due to some circumstances after i went working abroad on the same year we broke our relationship. My wife got another man. We do not have any communication since 1982 until now. I married my second wife again on 1994 because my children are growing up and i have a plan to bring her to abroad. I knew that my marriage was not valid because it is under the law and it is a bigamy case. My daughter is planning to file a petition for us in the U.S. and i am sure that there will be a lot of problems. Can you help me what to do so i can arrange this problems. Thank you sir and more power.
Good day Atty,
My parents married on 1978 and their annulment was finalised on 2008. My father married another woman, the same woman that broke our home, on 2015. He never gave us (the children from the first marriage) our presumptive legitims or anything similar since he said we were all in his will. I am aware that my parent’s marriage fall under the civil code and not the family code and because of this we (my siblings and I) are not sure exactly how to go about this since we could only get a hold of the family code.
The new family code mentioned something about the second marriage being null and void until the presumptive legitims of the first marriage was fulfilled and carried out. My concern is this: Does the civil code have this same condition? and if so, will my dad be liable if he chose to ignore this?
As it stands, he plans to give everything including the conjugal properties from the first marriage to his second wife because he feels we can take care of ourselves. The only thing he said he will leave us (my siblings and I) is a small piece of land barely a hectar while he will give our family business to his new wife. We have endured for so long and at this point we are a hairline’s distance to despair. I hope you can help enlighten us.
What if the previous wife of my husband is there her own family right now??it could be easier for my husband to recognize his marriage here in the phillippines??
Is there possible the koreanembassy to backround check the annulment papers?
JJE March 18 2016
Hi I just want to ask kindly if a lady separated for 6years with here husband and there’s no relationship anymore after the legal marriage in the Philippines and than the lady converted to Islam from chruschinty. Now she’s muslim and can she remarry to a Muslim legally,,,
Thanks
Maganda araw po Atty.
Naghiwalay na po kami ng asawa nito lamang December 2015, dahil sa nadiskobre ko siya ay nagloko (nakipagrelasyon sa ibang lalaki). Isa po akong balik islam, Nov. 2011 ang ako mag embrace sa islam ang ex wife ko po ay isang katoliko at kinasal kami noong June 2012 sa civil rites.
Ang tanong ko po, Maaari po ba ako mag pakasal muli sa islamic rites at hindi po ba ito bigamous? hindi po ba ako mangangamba ng baka ako ay kasuhan ng ex ko ng bigamy, protectado po ba ako ng P.D. No. 1073?
Maraming salamat po
Correction po PD 1083 po pala.
Atty
My ex husband filed annualment already and I already file divorce here in Canada and also remarried he send me an email asking for a copy of my marriage certificate here coz he need it for the annualment and he treated me that if I don’t cooperate he will sue me in court please help
Hi atty…good evening…I just want to ask and advice if how can be legally separated.
.Im not living with my husband for 5 years already. And I have two children. He didn’t support. But hes borrowing them.i just let it because that is their father. .all I want is to remarried.in that case if he and I we’re both agree for separation is it possible that I can remarried? Thank u
I was married in the Phil to a foreigner, we live for 18 years then our marriage broke down and we divorce last year . i am getting marriage again . My lawyer said i am now legally divorce and allow to marry again but my ex reckon i cannot marry again because we are still married there .is that correct?
HI attorney Fred, please delete my post i accidentally click and post my comment before i create a website.thank you .
Atty hiwalay napo ako 11 years ang xhusband ko nag asawa na uli tatlo n anak nila gusto ko ma annul ako sa kanya ano po dapat ko ggawin thanks kailangan kopoh advice
Nagkaroon kmi ng 2 anak kahit piso wla kmi sustento sa kanya enabando na nya mga anak ko
Hi ,sorry to ask this question how big is our chance to win the case of annulment if i get ur service
Atty, the husband sought divorce from his wife in the Philippines and married another Filipina in the States. He never petition annulment ftom his first wife to whom he has 2 sons who are now grown ups. The second wife has also a daughter with his first husband but was not able to bear a child with the second. The couple was able to acquire properties in the Philippines. Recently, the husband died without leaving a will ; the pension benefits (401k) of the husband all were given to the 2nd wife whom he designated as his beneficiary. How about those properties here in the Phil.? What rights do the children from his first wife have.? Are they also the sole properties of the 2nd wife?
Atty,
A married man 2 yrs separated without kids. his first job he declares himself single. will it be something he needs to worry in the process?
My son, US soldier, was convinced to marry his Filipino girlfriend in Philippines, she never annulled get first marriage to a Korean who got her the visa to Korea where my son was stationed. She “acquired” a marriage certificate in Philippines, we’re married in her home by a priest. He came back to US and they never got her visa to come here, she now wants a divorce/annulment. Is his marriage legal? How can he find out if it legal? Before he tries to pay for an annulment/divorce?
Hi Atty,
I been separated for 5 years and I want to become officially and legally separated with my wife as we are both have our own life. We have a son which is 12yrs old which is under my care. Now my question is what is the easiest way to file an annulment where in both of us are willing to cooperate. How long it would take? thank you and im hoping to hear from you soon.
Attorney,
I am married in a civil ceremony, how much does annulment cost? Is there a difference if you are married in church and in civil rites? They told that church annulment is free , does it exist if you are married in civil rites?tanx
hallo sir/mam
im marrage of jappanese but we separate almost 15yrs now we dont have contact anaymore for 15yrs in i want to request a legal duccuments for separation or devorce. we are marrage in philippines can u advise me how to do it.and i want to change my sure name in the passport because its a surename of my japanese husband
Dear Attorney
ako po ay separated almost 14 yrs. tanong ko lang po sa kaso kpo madali p bang maannul ang kasal namin sa lalong madaling panahon? At willing naman po ang asawa ko na pumirma sa mga dukumento for annulment. Papano po bang hakbang ang gagawen ko? Para po matapos na ang lahat ng ito? Meron npo siyang pamilya sa ngayon at meron ng mga anak,, actually po sa 14yrs pong paghihiwalay nmin no financial support sa anak nmin ako po ang nagprovide ng lahat para po sa anak nmin.Sa ngayon po 17anyos npo ang anak nmin.Need kpo advice niyo,
Salamat po
I am a Seaman, I got married with my wife since 2009, me and my wife used to love each other and we live in my parents house for 5 years but my wife always thought that our parents hate her. I am the one who work for the family, i brought my wife to school and paid them till she graduated. By year 2012 to to 2013 my wife changes and her reasons were she hated my parents and that is why she went home late, not going out or hearing Mass Church together with kids, to the extent that i became suspiscious that she had someone or cheated on me, so in return i made the same mistake. So i had an affair, sexual afair with another woman. But the total day i spent with the woman is 10 or 12 days only because i am always at sea. My wife caught me and i cut communcations with the other woman from the day she caught me because my wife proved to me that she is loyal to me… She cried a lot…she also hurt me physically… This incident happen last 2014. We have 2 kids already… Everyday we always had a fight because of that insident, i told her that i am sorry and i am no longer in contact with her.
I bought and spend so much money to my wife to ease her insecurities. I live in mindanao so i have to pay plane fare when she demand to visit me in manila while i am busy looking for another manning agency. My wife demands, buy these things, overnyt in hotel just to compensate all my expense from the other woman and to tell you honestly overall expense aroung 6kphp only more or less with the other woman but my wife insist spending more..
I have another sea contract again for 8 months and i thought everything will be fin from 2015 because i myself have no activities in chating or texting or even meeting with another woman, but my wife always get angry at me .. She got angry if she find out that i am searhing women names in facebook without even chating to them or sending any message. My wife always taught that i am looking again with another woman . Everyday my wife is nagging, and keep telling me about my past mistakes… she all the time gets angry because she remembers my past mistake and now she demands me to buy something…
I got her pregnant for the 3rd time and i thought she already forgives me.. our sex life are still okay but i am irritated with her non stop accusation that i am still cheaiting even if it not..
We always fyt, im am the silent type and she always nag, slap me or punch me and yell at me… my parents raised me as a non scandalous type person.. I am really bother by the situation.. now it is already 2016 and my wife still thinks that i am cheating on her even if im not.
I bought a house and paid the amortization and i am afraid that i myt not finish paying the house because we always have a fight and she sometimes told me to sell the house and we share the profit… I am the only one working. I gave her enough money to speend for education of my kids and babysiter, helper .. to the extent that i am sending her 100k per month. Because she will be paying our house amortization 44k and the remaining will be ther monthly expense. I work hard at sea and trusted her with that amount yet her she is keep bother me that i am cheating even if already stop doing it from the day she caught me…
I am afraid that all the money i send her will be wasted because she cant think right. And i am afraid also that i lose hope for this relationship that i will stop working for them because she keep harrassing me… i cant think straight because i am doing what is best for my family but my wife will not stop harrassing me that i am still cheating her even if it is not…
May i know, i am still liable for what i have done last 2013. Will i be charge of phsycological abuse to my wife.. i am also physcologically abuse by my wife… it is not easy to work at sea while your wife keep harrasing you.. My intention is to give my family children a better future yet my wife does not believe me anymore that i am doing good. I am afraid that she will waste my hard earned money because she wants revenge.
Can i file against my harrasing wife… ?
What i want is, i want to be out of her life if she continue harrasing me withing 6 months.. i will gave her 6 months if she keep harrasing me that i am cheating her i want her out of my life…
should i stop giving her allotment? Can i only pay the expense of my children and not hers…
can i have the custody of my children? since i am the one working since 7 years of our marriage…
I want to have full control of my money because i dont trust my wife anymore.. she uses my past mistakes in order to get what she wants and demands…
Hi Atty;
Good day.
I would like to asked for an advise. I got married here in the Philippines.
My Ex wife is in Canada and she filed a divorce and got married again two years ago.
I have plans to marry my girlfriend what should I do to make our marriage valid.
Best regards;
Jay Bee
Good day, attorney.
My husband is an ofw, for 7 years now, and there’s a bad blood between me and his mother. We recently acquired a car loan from a certain bank for a car (montero). During the processing of the said loan, the bank officer suggested that instead of having my husband the primary borrower, my name will be used with consent from my husband to make the approval much faster and easier. I called my husband who is still overseas at that time, and have the officer explain the process to him, to which he agreed. Then the car dealer also explained that since this is a loan, they must follow the banks documentation, ie name of borrower, thus also must have the said car registered in my name to avoid confusion. My husband did agree.
I thought everything was fine, until i read an email from his mom, i have access to his yahoo account by the way, telling him that it’s not safe that the car be registered in my name. And that he should file an annulment, because i dont know how to handle our finances. I must admit, my husband and i quarrel a lot of times over money. And his remittance to us is only enough for our monthly expenses, the rest he sends to his mother. Naturally i reacted to that email, i tried confronting his mom but she never even face me. My husband said to just let it be and i said ok to preserve the peace. But they took the car. My father in law came one day, supposedly to borrow the car because theirs was in the shop, and he has some where very important to go to. I oblige, naturally. But they never returned it, i went to their home to get it but it wasnt there. They hid it in the church parsonage with strict instructions not to let me in. And they never did face me. And my husband only said to wait when he get home.
He came home about a week ago, he took the car back. And i never made a fuss because im tired of having to argue with him in the limited time he is home. But yesterday I found a document, an SPA for my mother-in-law for the car, and the supporting document is an AFFIDAVIT OF SEPARATION, where my husband stated that we’ve been separted for a year and that reconciliation is highly improbale. It was already signed and notarized.
Did my husband just committed perjury? Is this affidavit enough for filing annulment/legal separation? And does my mother inlaw have the right to do such?
Hi
I just want to clarify thing, during the filing of annulment, should the persons involve prohibit themselves in going into relationship with their respective interest?
Drahcir
I want to rectify my void/bigamous marriage.
My husband already filled an annulment on his 1st marriage and had the finality/court decision.
We are planning to rectify our 2nd/bigamous marriage but we do not know how?
1. Can we just re-marry since we are the same person and leave our 2nd marriage alone
or
2. We also need to annul our 2nd marriage even we are the same person before we can re-marry?
Thank you very much.
Julie
Hi Atty. FRED Good day it’s my first time to write here, i have a big problem, i want to annull my marriage separated na po ako ng 16 years, kinasal po ako April 5, 1997 sa simbahan at one month lg po kami nagsama kasi po bumalik siya ng Saudi ng May 5, 1997. Ano po ba ang dapat kong gawin para mawalan po ng bisa ang kasal ko. Please help me, ayaw ko pong tumanda mag isa?
Hi Atty Fred.
Is there any “low cost” of filing annulment/legal separation or its equivalent?
Or could it be possible to file such legal separation for a married couple who decides to solve their marriage because of unfaithfulness, lack of love and their not happy in their marriage, if possible, is there an easy way attorney?
I appreciate much of your reply..Thanks much.
Hi Atty..
Pardon for the first message “married couple who decides to solve ”
I mean who decides to dissolve their marriage..
Thanks again.
Atty,2 years na po kaming d nag sasama ng asawa ko.d rin po sya regular na nagbibigay para sa pangangailangan ng aming anak..paano po mapapawalang bisa ang aming kasal?
Dear Atty,
My son is planning to file for adultery against his wife. The evidence was gathered thru FB chat. The email add and password was given by the ex gf of the guy involved to the wife. She sent a private message in my FB account as well as my son. She message us info of the activities of my daughter in law and the involved guy. From there we read and screened shots all the chat and pictures. My question.. can this chat and pictures can be use as electronic evidence?
Thank you so much and more power.
attorney fred
yung boyfriend ko po eh gusto ba akong pakasalan… kaso nga lang po, processing pa ang annulment nya .. sabi po nung abogado nila … kung gusto nya magpakasal kahit processing pa ang annulment pde nmn daw basta bayaran lang daw ung papel na kailangan para makapagpakasal dto po kaming dalawa sa japan ngayon…
posible po ba talaga yun ? salamat po. sana po mareplyan nio ako
Hi Attorney, I just need a valid information regarding if a married woman can enter into a contract or not? If not, why?
Hi.. I have an enquiry if my girlfriend still need to file for Anulment even she been seperated from her husband more than 5 years and now she is a Muslim.
If she do what is the process and how long will be the process.
We are planning to get married.
Appreciate if you could help our situation.
Thank you.
Roslan Bin Tawel
Singapore
Atty, my husband is now leaving with the other woman for 3 years. What are the quickest procedure to null our marriage. Please help me on this. I will look forward for your advice.
I mean they were living together for 3 years
As far as the New Family Code law is concerned how many years do I have to wait to void our marriage?
what if my wife has an double husband result in the cenomar request?who is the real husband?the first or the second one?
My friend got married last dec 2015. He and his wife are both working abroad. But my friend found out that his wife is having ang affair with a foreigner. He has a copy of their facebook chat and pictures. His wife also admitted that she had an affair. They have a son living with the wife’s relative. The guy is now in Jeddah. His wife is in Dubai. Their son is in the Philippines. Will this be enough ground for annulment?
Hi sir would it be a ground if liscence date is different from the date of the ceremony for legal separation
Good Afternoon. I have a problem with my fiance name. It was used by her sister and married her name with Filipino- american citizen. Can we file a null and Void in her Marriage?
I have a friend wants to marry japanese man.the japanese national is divorce in japan twice before japanese woman and a filipino woman…is the japanese man need to file an annulment in able to marry again in the philippines?pls help me
Hi Atty.
I would like to inquire about legal separation.
My boyfriend (from USA) was separated for almost 3 years now..
He plans to come here in the Philippines in November2016.
My question is: can he be marry again even though he still separated?
In Phil. Law can he be allowed to marry me?
Please let me know. ASAP po sana.
pwede po bang maging reason sa pag hiwalay kapag ang babae naki pagrealsyon sa ibang bansa at nag balik na sya dito sa pinas
If I may ask po can I be legally separated to my husband even I don’t agree.?my husband is having mistresses yes mistresses I know all of this after a long investigation up to the moment we fight resulting you physical injuries and threat but instead walking away from him I didn’t not because I do believe we will still work it out for so.many times this scenario occur I love my husband so much and my kids also love their dad inspite of they know what’s going on…. One time he told me that he will file legal separation for me.. He said he likes to have his freedom and upon telling me this I also found out that her other mistress is filing same case for his husband.. I’m thinking they have plans to be together
I love my husband and I know this is just for the meantime I don’t like the idea of legal separation I don’t want to be legally separated from him it’s not me who has a problem his the one.can legal separation still be served?
Hi i find out my husband had another child with her mistress,what can i do we married for 3 years and our relation not so good,i just rented an apartment because he dont want us on his house,do i have a right to ask a house for me and my child?before we married we sign a prenuptial agreement and that he put in my name on one of his property can i claim with that property?please help me and give me specific answer,via email thank you.
hi po..
ask ko lng po.. pwd po ba na ma.register sa NSO ung marriage namin even though kulang ung requirements na naipasa namin sa simbahan?NSO birthcertificate ng lalaki ang kulang,negative kc pgkakuha namin n0on(2011)..tapos di na namin inupdate..pero ung cmbhan nag.agree na ok lng ,ikakasal pa rn kmi bsta ipasa agad namin ung NSO BF ng lalaki kc di rw nla ipapasa sa civil regstrar at NSO ung record namin,pero after nun di na namin finolow.up,naghiwalay rn kc kmi aftr k0ng manganak ar0und july 2011(kinasal kmi may,28,2011).. nagtaka ako kc n0ng 2013 nag.try ak0ng kumuha sa NSO ng marriage cert. ,ang akala ko negative ang resulta kc pinapabalik pa ako aftr 1week..pgblik ko mer0ng resulta.. maaari po ba y0n.,? salamat po.. sana masagot po ninyo tan0ng ko..
Dear atty,
I was legally married but got seperated for already 12 years now. I want to re marry again but I was not able to get annulment coz it cost a lot. What should I do? Please advice me.
Thanks.
Atty,
I would like to ask po if how to get a legal separation in the philippines ? And what should i do so that i can get the legal separation i wanted against my husband .
And i would like to ask if i can use the case of my husband so that i can easily get the legal separation paper .
About the case po i filed a case against him , its child abuse and im waiting for the warrant of arrest to release .
Thanks.
magandang araw po.. need lng sana ng legal advice regarding sa annulment.. legal po kaming kasal sa phil embassy kuwait at nakarehistro po ito sa NSO.. pero sa hindi pgkkaintndihan ay nghiwalay kami at ung npangasawa ko po ay ngpkasal sa muslim pero kasal p po kami.. anu po pwedeng gawin pra mpawalang bisa kasal namin? maraming salamat po
Atty.
I want a legal advice from you about my situation . I was married last jan. 8,2015 and after our civil wedding i came back here in japan for work , after 3 months i decided to broke up with him because i found out that he is an addict about gambling and also drugs, after 6 months i also found out that my husband doing something to our daughter and that is why we filed a case against him . In first filing they dismiss the case but in 2nd time now we’re waiting for the warrant of arrest to be release. Now my question is can i get a legal separation paper and used as evidence the case of my husband so that we will be legally separated? And how much is the cost of that? And how many months i can get that legal separation paper? The truth is i was applied a petition for my children so that i can get them but the government want me to submit an annulment paper or legal separation paper but then the annulment can cost me so much so i decided to get a legal separation paper . Coz i was hoping that within this year i get my children coz they are not safe there in the Philippines especially this time that my husband still not in jail and lately i found out that his family trying to get my children which is in the care of my auntie and grandma.
I need your advice atty. thank you.
Dear Atty Fred,
In my marriage certificate filed in NSO, my husband name is different from his birth certificate from NSO. Meaning, he can still get a Cenomar if he use the name reflected in the NSO birth certificate. Can this be a ground for me to declare a nullity of our marriage? Please advise. Thanks a lot!
Ok here is my question ? Me and spouse was married in the Philippines ,but here marriage from her pervious husband wasn’t never approve for annullment does this mean our marriage is no good , if so does this mean I don’t have to go threw the process of annulment with her, please I need help on find out on what should I do
my friend was married way back yr 2000 (civil) and has been separated in 2005, there was no annulment done during that time. Now, his ex-wife wants a formal annulment, but it is too costly for his side. What are other option he can look at? There is an article we have read on “disappearance” which can lead to a presumptive death since he was “absent” during the course of their marriage, can this be done legally? Appreciate your advise.
Hi atty,
I am married for almost 7 years and no comminucation at all to my ex husband.can i file presumtive death?or what to to because we want to get marry again with my live in partner.can we get married anytime or what i have to do,?i want also to use my surname before when i was not yet married for my passports.thanks and hoping for your reply
Btw:how much will it cost me,?what are the requirements for this.
Hi!i am married to Indian nationality but we did our marriage here in Philippines 5 years ago..I am the petitioner for his temporary resident visa which was renewed recently..even I found out that he is having mistress here and they have a child I still believe that it is my duty as a wife to do the petition,now he want to do the annulment after he got his visa coz he said he will get married in India soon..what shall I do now?..what will happen to his trv after or even the time that he will file for annulment..?pls.give me the right answer.thank you
I am married in the Philippinesbut I can’t find my husband, I did not see him for over five years, I’m in love with a American citizen and want to marry him can I still marry him in the USA? What can I do?
Atty, im been sepated with my ex wife for 5 years noe i found a new love and already have a child with her, im been very supportive to my children from my ex wife shouldering everything they need from personal to school.. Noe my ex wife to have her own financial support from me, and i think it woukd be too much for me to grant it but she keep on asking for it..does she have the right to ask for personal financial support? Is there a law that will order me or she could use to grant her request, can u give ne sone advise what should i do to be free from her..thnks atty more power
what if we’re not living together in 2yrs. and we had a signed document in barrangay is this valid as a legal separation?
greetings atty,
I have a partner and he is married with the his former partner , they have 1 daughter and the wife is married now with a foreigner husband, the wife also has 2 additional kids with different father, can this be ground for nullity of their marriage? they don’t have contact for 7 years now, my bf is afraid to re marry because hes afraid that she will not see her daughter anymore.
Hi! Im Jholy .Im married when i was 18 yr old our married date is Nov. 26,2007.after 1 year ng hiwalay po kmi .8 months pla po yung anak q that time .ng file po ako nang case sa dswsd for support hind umatend dswd ng file court criminal case 5132 date December 10,2009.at dahil po mg abroad that tym ng compromise settlement nlng po kmi .na close po nang March 7,2012. na dapat mg support sya bis piso wala po siyang na support .8 years old ank namin. my ka live in na po siya dalawa po ang ank.simula po nung 2009 wla na po tlga kmi contact hearing po kmi ng kita nun after march 12,2012.hind narin ngkita at no contact.Ask q lng po paanu po aq mg file for annulment ?
Atty,
i just want information about updating the status here in the philippines. My auntie is 11 years old divorcee and wants to update her status here in the phil. I called the nso hotline but they mentioned that i should process the divorce papers to any court here in the Philippines. Im seeking for your advise what is the process and where should i start. Thank you so much Atty, you can email me.
Hello attorney what will i do if i want to void or get my marriage null..my husband been gone for a couple of years now..we been married for 5 years..i dont know where he is now..no news from him..i want my marriage void since my son doesnt deserve a father who abandoned us..thank u..
hi atty
i just want to know what will be the process to update the status of my auntie here in the Philippines from married to divorcee//She was divorced for 11 yrs from now in japan. Thank you.You can email me as well. thank you
My spouse hide from me his first marriage.and before we got married,he contacted his first wife.what case can i file to my spouse,as well as to the first wife that i felt they betrayed me for a long years?
That after 5 years of married life,i found out that from the beginning,my marriage was void.that my spouse do nothing to annulled his first marriage.and to the first wife,i also want to file a case against her.because since then,she knew that the man she married was going to get married again to me and she do nothing,too.
I need to know kung pano mg annulment dto sa pinas dhil married sa forigner pero devorce sa bansa ng forigner.. Please reply me… Pano po i file iyon…
ako po c karen gusto ko pong ma annul ung kasal ko dhil ang asawa ko nki apid sa ibng babae..anu po ang dpt kng gawin???..taga palawan po ako…gustong gusto ko pong mawalan ng bisa ang kasal namin…
Good Day!
Atty,
Im Zarina Oro,ask ko lang po pwede po ba ako mgpaannull sa ibang bansa ung process or pwede po ba ako mgpakasal sa ibng bansa kht d ako totally annulled.
ask ko lng po sna ung situation namin ng boyfriend ko.ns america po cya at divorse n.gusto po sna nya dalhin ako dun at pakasalan kaso d pa po ako annull dto.willing nmn po cya mgbayad ng annullement ko kso mhabang process meron po bang ibng options kmi pwede gawin.iniisip ko po n mgpakasal kmi s ibang bansa pr my papers ako n kasal ako s knya.mgiging safe po b un..Atty help nyo ako please.gusto ko po kc matulungan ang anak ko my leukemia kya un din po purpose ng boyfriend ko n mkpunta dun at mdla mga bata..help nyo ako kung ano best n pwede ko gawin.
hi,
I am a Pakistan national, i married to a Filipino in Pakistan march 2010. My wife is married and separated in Philippine. but not legally. after marriage we shifted to Malaysia. borne 2 daughters here. we got the Malaysian birth certificate and Philippine passports for our daughters. with my and my wife names. what is the procedure for divorce and is this safe for my wife and daughters to go back Philippine? as i am thinking about her ex husband can file a case against my wife. Please advice and if we need legal support from you can you provide, and how is the fee structure. thanks
Kung Ang idad po ba sa kasal ay binago pwedeng mapawalang bisa Ang kasal at Ano po Ang dapat gawin
Atty. Fred
Im married last aug. 2013 but after 11 months me n my husband are separated bec he want us to going home to my parents n his not able to feed us bec. His only work as a farmer he only give me 500-1200 pesos for budget for 3 weeks my parents support us when it comes to some needs inside the house n needs of my child then he also always drunk when he rich home at middle of the night.then he go to his friend n going to a bar .but after 6 months we separated we try again to live together but still happen again what he do but at this time much worst he do im came home again to my parents n put dots to our marriage..how i file an annulment case and im i remarry again in foreig or in other country??
What happen to my quiry last august?
My spouse hide from me his first marriage.and before we got married,he contacted his first wife to tell that he’s gonna get married again.they had an agreement about it.what case can i file to my spouse,as well as to the first wife that i felt they betrayed me for a long years?
That after 5 years of married life,i found out that from the beginning,my marriage was void.that my spouse do nothing to annulled his first marriage.and to the first wife,i also want to file a case against her.because since then,she knew that the man she married was going to get married again to me and she do nothing,too.pleAse answer my quiry please..
How i file an annulment if i considered our separation for 2yrs. His not able to feed us n his in alcoholism n gumbling were separated last 2014 its 11months since our marriage at first he give us support but as time n days pass by his suport little by little it lost..n i have bf from USA n he want us to be his side n go in US his able to suppprt us n give a new life
.pls. help me
Hi. I’m in a foreign country since 2004. I had enough of my husband for his lying and womanizing character. I have been away and no communication with him for more than 10years now.
My ex-husband was already married and got 2 children before we got married. i secured a copy of the CERTIFICATE OF SINGLENESS and it appears that my marriage was the 2nd. now, in this case, can’t the Philippine government do something about this. it should have been noted (footnote) in the CENOMAR that any 2nd marriage is deemed NULL AND VOID. Everything is computerized now and it can be verified from the Census records.
Please give me an advise. i couldnt file my Citizenship here, i stopped filling out the form when it comes to the previous status. I believe that it’s unfair for me. He’s living with another woman even before i left.
Thank you very much.
I’m waiting for your answer atty.thnx.
ask ko lng po ung husband ko nkipaghiwalay sken 4 years na po nkakalipas ,i want to married again what should i do.tnx po
Attorney Fred,
Ask ko lang po pano mapapawalang bisa ang kasal namin ng ex husband ko ,kinasal po kami January 15,2000.
Then naghiwalay po kami year 2008 ,since then po wla kami communication ,reason po ng paghihiwalay namin may other woman na siya ,nanakit pa po ,2x nya po ako napagbuhatan kamay,nung 2009 po nag abroad ako para masuporthan ang 2 anak namin kasi po ever since ng maghiwalay kami never nagbigay ng sustento sa mga bata ang ex husband ko ,then nung 2012 po nalaman ko po wala po palang license ang kasal namin, I mean po walang apply ng license sa civil registrar po ng Imus, Cavite .According po sa nakausap ko sa civil registrar kumausap DW po ako ng lawyer kasi po fake daw kasal namin, pero bakit po may record sa nso ang kasal nmin ,pero sa civil registrar po wlang license ,pano po nangyari yun? Tsaka bakit po sa marriage certificate na binigay sa amin nakalagay sa makati city hall kami kinasal eh hnd po kami sa makati kinasal sa manila city hall po kami kinasal ,tapos magkaiba din po ang date .
Anyway ano po ba dapat Kong gawin PRA totally maging legal na ang paghihiwalay namin ,8 years na po kami hiwalay ,walang communication since 2008 ,tapos nalaman Kong wlang license po kasal namin pero may record ang nso ,baka pwede naman ninyo akong matulungan mapawagbisa na kasal namin ,may katunayan naman po ako galing sa civil registrar ng Imus na wla po tlagang license kasal namin.
Nawa po matulungan nyo ako ,maraming maraming salamat po .
atty,
i married by year 1998 and got baby by 1999. but by 2000 we seperated our own …since then we never see each other and he never gave any support to his child. and he marry again in phils. and had 4 kids now. but im ok for that. only i want now is i want to clear my name to be asingle and marry again.
can you give me some requirement to fill annulment..
thank u..
Dear Atty.
I’m married in the phillipines, were are not living together for the past 5months. I have a girlfriend abroad she’s a foreigner, wants to invite me for a fiance visa. But I cannot do it because I’m still bend by the of our marriage. If ever I convert Muslim can may visa can be granted? For example in new Zealand? Second if I’m going to there country with tourist visa, can I file a divorce even I’m not citizens of there country?
Can i file an annulment without a lawyer here in the philippines?
Hi att. I just want to ask. My friend would like to file annulment because his wife betray him. My friend work abroad for 3urs and he finds out that his wife had another man and up to now they wer together. My friend i here rightnow. And he wants to marry another girl.. But he will file annulment how lon is the process nd how much is the cost? Both of them agree that thet would seperate ways but they want to sign a paper that they are no longer be with each other. But my friend will file annulment. But friend want to marry next is this ok?
? still waiting for the response..thnx..
atty…tanong ko po.ka c 40 yrs na akong iniwan ng husband ko.16 yrs po ako ikinasal nun.paano po mapawalang bisa kasal namin?
hi atty, can i file declaration of nullity. i was married 13 years ago. binago ang year ng birthday ko. and now hiwalay na kmi for more than 10 years at wala na din kmi communication.
Hi Atty,
My husband and I purchased a lot before getting married and both our names appeared as owners. Now separated for almost two years, I would like to ask how to be the sole owner of the property. I can prove that the money used to but the property was mine and I only added his name in the title.
Thanks,
Ann
Gud pm atty. mapapawalang bisa po ba ang kasal ng mag asawa pag 7 years ng hindi nagsasama tapos yung isa ay may iba ng kinakasama? 7yrs n rin sila nung kinakasama nya. Pwede na po ba ulit yun magpakasal? yung friend ko kc iniwan ng asawa at sumama sa iba yung asawa nya.
Hello, am a black guy married to a Filipino , both of us met outside Philippines but got married in court in Philippine. Now after 8years she started having affair with his college sweet heart and I found out. I asked her to break it of and she told me she did. But now she told me she need space then moved to Philippines where the boy is, she didn’t tell. The boy is also married with 1 kid now. When I try to make her feel no guilt she told me the love she have for me is still there but she is afraid is not enough and cannot give me the full love I am expecting. I have tried every possible ways and means to save my marriage but she is not giving me a chance. IS THERE ANYTHING IN THE LAW THE I CAN DO TO THE BOY?, I can wait for her to come back but I want to know if she doesn’t come back what is my option in terms of annulment so that she will move on and I can remarry, ?
We don’t have any kid yet and I truly love her and want her to be happy, which is to say if leaving our marriage will make her happy am willing to help her.
Can I file for divorce decree in my country and she can remarry again.? Or should I wait for her to come back?
Please do need your advice.
Thank you
Kasi po ang ginagamit kong surenme ay ubg sa father ko ehh kaka annul lang nila this year!
Maari po bang mapalitan ung surename ko ng surename ng mother ko?
My spouse hide from me his first marriage.and before we got married,he contacted his first wife to tell that he’s gonna get married again.they had an agreement about it.what case can i file to my spouse,as well as to the first wife that i felt they betrayed me for a long years?
That after 5 years of married life,i found out that from the beginning,my marriage was void.that my spouse do nothing to annulled his first marriage.and to the first wife,i also want to file a case against her.because since then,she knew that the man she married was going to get married again to me and she do nothing,too.pleAse answer my quiry please..
Dear atty.
Inquire q lng po…
Married aq ng 2008, i was only 18 s civil weeding at naging wife q eh 24 years old, kinasal kami ng walang sign ang father q dahil nasa saudi, pwede b un maging grounds para s nullification ng marriage kasi, 8 years n din kmi hiwalay, merun kmi isang anak n babae., merun n kmi parehas sariling buhay at pamilya, recently i found a message galing s kanya requesting qng anu, pwede q maitulong para maging legal family sya ng bf nya… Sana makatulong po kau sa sakin… Wiling nmn ako n makasal sya sa iba for the sake n din ng daughter q at para n din s ikakatahimik…
Its been 10yrs nung nag separate kmi ng dting wife ko.nagpirmahan din kmi infront of our barangay captain na wla ng kmi pakialaman sa isat isa.after ng separation nmin wla na ako blita.eto lang 2014 dumating na yung babae alam ko pra s akin.gusto ko makasal na kmi pra maayos status nmin ano dpat gwin ko po sna matulungan nyo po ako.
gud day atty., i would like to ask for an advice regarding my issue, my husband and i, had a civil marriage before and the municipal mayor was not there we just waited for the marriage contract to be signed and be given to us, then when i got a job, to be able to be hired i arrange the validation of our marriage (church validation ceremony as they call it), without the knowledge of my husband as in i just ask him to attend the mass with me and there the ceremony happened. it was actually conducted by our parish priest. is it valid?
i am asking this because since that day my husband always accuse of having an affair with other man and the worst at present his accusing my students. he asked me to erase my fb app on my phone and all other forms of social media /communication i can have he even always check my call logs when i get home, and when i cant answer right away or reply his calls and txt he keeps on texting or calling all the nos he copied from my phone book to check if i am really in school or about my whereabouts. i feel so ashamed of myself because of all the scandalous hes making, yes i feel scandalous because in the first place o know that we have a problem “personal problem” but then because of what his doing he was the one who opened the issue to my students and colleagues.
he even wakes our daughter in the middle of the night then asked her who will she choose to stay alive, “ME” or “HIM”. we always argue but as a wife i keep on explaining to my daughter not to get angry with her father cause still his the father but until now we already had a son but still his getting worst. he saw a picture of my student and me in my laptop and that was taken during the assembly of the students in manila and i cant explain to him anymore because he wont listen. i even showed him picture of mt and my students but still nothing change. i dont know what to do anymore. i dont have that money to have an annulment but i want to make our marriage invalid as in no strings attached anymore as in even on the custody of our children he doesn’t even have a job (his asking me to stop and quit my job) i am the bread winner. iam just prolonging my patience because his still the father biologically of my children but its been 6 years since were married (Befor that were 6 yrs bf/gf) thats why i dont know what happened.
me and my children were now living with my parents but still he keeps on coming there to see them, which i dont i want it anymore i feel uncomfortable every time his around and i feel unsecured for my children. i even worry on my childrens custody.
i need your advice, please i want to have an annulment but the cost will take s fortune for me to pursue. is there any other way? pls send me your advice asap this is my present situation. pls i need help for my children.
Atty,
I just want to inquire what is the first steep how to process annualment in philippines? I found thaf my X husband married in other woman without annual to me, i want to cut my my marriage to him but I dong have Idea how to start? I hope you can help me in this matter.
Thank you ,
Ann
Good evening Atty. Tanong ko lang po about my fiance situation nasa U.S po sya ngayon then he wants to marry me here in Philippines. Ang problem is kasal sya sa huwes sa una nyang asawa sa Bacolod pero saglit lang ang tinagal ng pagsasama nila bilang mag-asawa kasi inabando na sya almost 17yrs. Til now ay wala syang balita or communication sa wife nya. Possible po ba na pwede syang magpakasal uli? Gusto ko lang po Kasi malaman.
Fil-Am po ang fiance ko. Medyo worried lang po Ako ang naguguluhan kasi 1st time kong ikakasal kung sakaling pwede ulit makasal ang fiance ko sa akin kahit na wala na syang balita sa dati nyang asawa.
Hi atty..im seperated with my husband in philippine for almost 10years..and now i have a taiwanese boyfriend and we having plan to marry by next year..can i marry him even im not annuled..can we married in taiwan or else in philippine.pls reply its me natie
Pinakasalan ko yung ex wife ko dahil nabuntis ko siya pero pinalaglag niya ng di ko alam after noon pinakisamahan ko pa rin gusto kung magkaanak kami pero ayaw niya nagsama kami mula ng 1990 hanggang 1998 september ng umalis ako abroad and nagluluko na pala siya ng mga panahon na malayo ako umuwi ako ng may 2001 hang August bumalik ako and 2002 march tumawag ako and ang sumagot ay ang lalaki niya tapos kinausap niya ako at nagsinungaling siya sabi niya nasa bahay siya pinatingnan ko siya sa bahay wala naman siya sa madaliang sabi doon ko tinapos ang relasyon namin at yung aming marriage contract ay dinaya namin ang EDAD naming dalawa kasi bata pa ako noon 19 lang ako at siya ay 22 that time ang tanong ko valid po ba yun o hindi and naghiwalay kami ng 2002 mula noon wala na akong personal communication sa kanya pero ang balita sa akin ng kapatid niya may naging karelasyon siya na una bago yung live in partner niya presently now gusto ko lang malaman kung pwede na ba akong magpakasal uli ngayon na di ko na kailangan ng ANNULMENT mag 46 na ako and i have also in relationship for almost 5 years and i don’t have enough time to arrange all papers because I work abroad i have only 30 days vacation every 2 years
atty…my tanong po ako kasi,,,may asawa po ako kahit tinulangnan ko po sia ng mgkapag gawa ng marriage license for her school kasi teacher po sia..tapos atty… hindi na kami ng kita pero ninaregister po nia ang marriage tapos may kasintahan ako ng japanese gusto mg pakasal sa kaso kasal po ako sa pinas..di po ba pwde mg pakasal ako sa japan pag balik namin sa pinas mg papa file ako ng annullment
thank u att,,,
Atty,
Can I file a legal separation to my husband both of us are outside the country. We’re in the same country. It not living in the same roof for morethan a year no conversation.
atty…sino po dito ang naka success anullment na kasi gusto ko kasi mg ka anullment…prepare mo who
Good Day po Atty!
Ask ko lng po kung qualifiedpoba ako mag file ng annulment. 6 years napo kmi hiwalay ng husband ko wala po akong natatanggap na support mula sa kanya para sa mga bata for 6 years po ako napo ang nagtaguyod sa mgaanak namin. Taga Leyte po siyapero wala na po kami communication sa kanyafor 6 years last time ko po nabalitaan na sa Cebu naman po. Pero never po namin siya nakausap.
Thanks po in advance.
dear atty..ask q lng po..kung my right b ang wife o anak nia s conjugal property ng mag aswa eventhough ung bahay n un ay d cla dlwa ang gumastos pra s pgpptayo nun?at my right b husband n hindi mgbigay ng support pra s anak.
Hi Sir,
Good day!
Just want to inquire about annulment? what are the requirements? what if we both agreed that we should annul our marriage? I want to marry next year with my current boyfriend he wants to petition me in US. How long will it take to process my annulment with my 1st husband? and also my current boyfriend wants me to change my son surname and wants me to put me his name in the birth certificate of my son as his father? Please answer me I want all to be done before he will go back here in the Philippines next year.
Thank you,
Hi Atty,
If void marriages can never be cured how do contracting parties remedy it if in case the marriage license is questionable? They do not want to separate but would like to ensure that the marriage will be valid & will not be attacked.
Do they need to re-marry to ensure now it is valid? What will happen to the years they have been together & the children believed to be legitimate? Do they need to “legitimized” the children?
Thanks.
Hi Attorney,
I would like to inquire what is the case i can file if my ex husband and I are separate for 13 years, but our daughter leaves with him as i am working abroad.
Good day atty.,
My boyfriend and i were living together since we became in a relationship in year 2000. In 2004, my dad, who is an US immigrant, petitioned me under category f2-b. This is the reason we can’t get married. While waiting for the petition, we had 2 kids in the year 2009 & 2011. My petition was called year 2015 and we (me and our children) have to go to USA. I came back to the philippines april 2016 and stayed for a month to marry in a civil wedding my long time boyfriend and the father of my kids, so that i could petition him and he can follow us in the US. But after 7 months of marriage, he wants to file an annulment or legal separation because i was physically absent eventhough we’re communicating everyday and he said that he is depressed coz he’s all alone. Is it possible to grant him the annulment or legal separation eventhough we already knew each other’s behavior and character since we’ve been living together for almost 16 years and we both know what will be our scenario/status when we migrated?
Thank you very much.
Good day,
I am not sure if this post is in this article went through but I’m hoping.
I just want to ask. Pwede pa akong magfile ng annulment for impotence even my husband is not here? His American. At pwede ko po ba gamitin ang sex offender para magfile ng annulment sa kanya? Because I don’t know name may kaso siya sa states
. He only told me, 2 years na kaming kasal.
And who can recommend an attorney here in Manila to help me to file the annulment.
Please i need answer.
Please i would like to ask an advice for my friend..she was married two times one for pilipino guy and that marriage didn’t last coz she went an overseas ..since she married it 38 years she was separated with him…then she married again for second time but after how many years she went home and she doesn’t have any communicarion with him..So now my friend she went in cenomar she found out that her marriges was still recorded both..she want to be annuled both marriages what does she needs to apply for these annulment…??? can you tell us what are the requirements in order to start the processing…??Please iam waiting for your answer..thank you….
Good pm Atty Fred,
I would like to ask if i could file a divorce with my husband who is a european. I got married in the UK and the request for a residence card has been refused by the secretary of state after 3 appeals in the tribunal court. I have to come back in the Philippines. I dont have any contact with my husband after the separation until now. I have a new partner and would like to file a divorce with my first marriage. What should I do? I dont know whether my marriage in the UK is recognized here in the Philippines. Thank you.
Hi Atty,
I have a girfriend, where she was married to a foreigner for the sake na maka labas lang siya legally papuntang japan. It was planned at pinag gastusan nang kamag anak niyang may ari nang Bar sa Japan na may asawang hapon din po para makapagtrabaho sa Bar nila yung Girlfriend ko. But after nang kasal mga 3 months before she had the visa, di na siya pumayag pumunta nang japan. and it was 2 years from now, di niya alam kung nag file na nand divorce yung pinakasal sa kanya na hapon. Pwede po bang mag file siya or valid po ba yung grounds to file a petition for nullity? please advise
Hello, i just want to ask. i am marriage in civil and separated for almost 12yrs now and my ex-husband have his own family now. what would i do coz i cannot afford to apply for a annulment so that i can take my family name again.
hi atty,
i hope na update pa po ito.itatanung ko lang po sana kung paano po ang pag cancel ng unang kasal? ang nangyari po kasi kinasal kami ng husband ko sabi po ng atty nya pwede na po sya magpakasal tapos po nalaman namin na na filed lang yung divorced nya pagkatapos po kami ikasal so ang lagay po nun ay hindi valid kasi nung kinasala kami di pa pala naaprubahan tapos po ang sabi ng nagkasal samin pwede daw po ulit kami magpakasal so nagpakasal po ulit kami.kaya lang po nung kumuha na po ako ng marriage certificate yung binigay po sakin eh yung una ko pong kasal e ang hinihingi ko po ay yung pangalawa sabi po nila di daw po pwede yung valid daw po kasi yung una pero narehistro naman po yung pangalawa.ang sabi po sakin di daw po nila maibibigay yun hanggat di daw po naka’cancel yung unang kasal ..Paano po ba ipa’cancel at matagal po ba yun ?? thanks in advance po sana po masagot nyo po ang tanong ko.
Attorney Fred,
Maitanong lang po ano po ba ang makukuha ko sa asawa ko na swissman 5years na kaming kasa,l at gusto kong makipaghiwalay sa kanya dahil hindi na kami nagkakainitinhan sa aming pagsasama, nang babae po siya. Registered po yong kasal namin sa country nila sa Switzerland.
Edwina Stalder
Hello,attorney
Sana masagot mo ang tanong ko at pa salamatan talaga kita..Ito po ang tanong ko sayo…my plan po ako mag file nang annulment…Kung mag process ba nang annulment kailangan ba ang signature nang ex. Para maanulled ang kasal??
Hello,attorney.
Tanong ko po Kung kailangan ang signature nang ex…at Ayaw Nya mag perma may options pa ba para matuloy ang annulment process??
Hi,
Good day!
I’ve been married for 9 years, but no kids and since 2012, I’ve been venting out how unhappy I am with my marriage. I want to be annuled and free again, not to marry another man, but at least be free from the social discrimination that I may experience if ever I’d be seeing a man. What can be my reason for filing an annulment case against my husband?
Thank you.
Dear atty.
Its almost 12 years na po kami hiwalay ng asawa ko. Without communication din po. It os easy for me to file an annulment even im an ofw?
hi atty. am 6years seperation to my husband. can i filed annulment with my ex husband but why i me annulment. my husband doing criminal.my husband have another girl. can i file annulment but if i file..ako ang nagbabagay.why? now .i have bf and my bf decided is to re marrywith me? free cost only atty? hen
Atty im a seamans wife. I admit i did mistake allowing my self to get close to a man. Chat mate, gala mate & text mate. When mu hub came on vacation he red almost all our conversations, pict while on gala with & w/o friends on facebuk & mesenger..this started our kis understanding. I promised him tbat ill stop communicating with the guy. But as days go by he s so cold & i feel empty.. Thats why my convo with the guy started agaiin.. We seems like we have an affair like gf bf. But im. Certain to d point that we never slept together..after 3 weeks my hub again found out about our comunication again.. There he got totally to the extent that he wanted sepatation accusing me of having onother man.. He cut my allotment.. Now hes on board again weeks after he left i som1 textted me that made me try to open his fb account & found out that while wer not in good terms while were arguing bout my so called other guy he had been involved w/ a bargirl.. I also saw nude pics of them both showing their organs & chats promising the girl will wait for his comeback for them to be together.. Does he have a case agains me?? Do i have fight after what i saw.. Is our case already has solid grounds for separation?? Dont i have the right to to file case for him cutting my allotment?. Pls help me. Tnx
Good day Attorney,
Gusto ko lang pong malaman kung paano po ang proseso ng pagpapawalang bisa ng kasal sa pilipinas kung ang asawa ay naging citizen na sa ibang bansa, sila po ay naghiwalay na For 5 years. Ano po ba ang dapat na gawin upang mapawalang visa ang kasal sa pilipinas.
Good morning. I want to file nullity of my marriage. Puede po bang malaman ang address ng Law office ninyo at magkano po ang magagastos ko.
Salamat po
D p rn po nsasagot quiry ko..?
Dear Atty,
Mag consult lang po ako regarding sa situation ko ngaun,,,nasa abroad po ang mister ko ngaun nung umalis po sya ok naman po ang lahat sa relasyon namin,,everyday tumatawag po sya samin ng anak ko,,Isang taon na po sya sa abroad ngaun bigla po naramdaman ko na nagbago sya bihira na sya tumawag at mag message samin ng anak ko,,,,ewan ko po ba pero kinutuban ako na may kinalolokohan sya na babae sa sbroad,,kaya po kinulit ko sya sabi po nya nung una na busy lang sya kasi lagi syang nag OOT sa work nya,Pero iba po talaga ang kutob ko,,,,Hanggang isang araw sinabi nalang nya sakin na makikipaghiwalay na daw sya,,,,At nalaman ko ang totoong dahilan na makikipaghiwalay sya dahil sa may babae sya,,,Ang sabi nya po pag uwi nya ng Pilipinas mag file daw po sya ng Legal Seperation,,,,Ang tanong ko po ano po kayang kaso ang pwede ko isampa sa kanya..
Dear Atty Fred,
i am separated for more than 6 years, i am not able to file for an annulment yet due to financial problem, i now have a girlfriend and she is a Muslim, and she is aware of my situation, but i want to marry her. i have converted my religion to Islam recently not only because of her but also to tighten our relationship. my question is Can i marry her in Islam without seeking or prior the annulment from my previous marriage? Thank you and more power.
Atty, i wanted to file an annulment, we’ve been separated for 18 years at meron na po syang asawa or kinakasama at meron na din pong anak. gusto ko pong magfile ng annulment para po maging legal ang lahat for both paties ano po ang dapat gawin?
i have a friend his married in phil. have 2 kids on his partner overseas
he wants to get annulled on his wife back in phil. but ayaw pumayag ng babae she already knew that her husband had an affair over seas, she only sign th annulment pag kokonin sila yan ang kasunsundoan nya.. does she had the rights to deport her husband and the signigificant other? looking forward on your reply
Dear Attny,
I am a foreign resident (13a) married to a Filipina for over 10 years and together for 16 years. We have a 9 year old son who is a dual citizen.
My wife now wants to leave me but wants me to stay in our home with our son. There is no ill will between us and I still love her with all my heart but is now unrequited.
There have been no infidelity especially or violence, she simply wants to leave and find her true happiness.
My question is this, if she leaves and eventually gets a divorce, would I lose my Permanent Resident 13a status? I would have full legal custody of our son. We cannot live anywhere else but here as I put my entire life savings into the house and small businesses.
Thank you in advance for your advice.
Salamat Guid
Atty,
In my case, we are both having our individual family now for almost 10 ten years now. Can I file an annulment?
Gudmorning po attorney
May posibilidad po ba na ang void o annulled
N marriage ay maging valid kong maghabol ang
Dating asawa, ?salamat po
Attorney, what if the guy is foreigner and the woman is filipina. On the time that the guy came to visit here to know more each other with the filipina, she force him to marry her to a civil wedding, can’t give him child, and she use the money he send to the filipina worthing to million without the foreigner consent.
Is it possible that rhe foreigner can file an annulment?
Hoping to your answer. Thank you.
atty. i am separated for 10 years now,we had civil marriage but we lived together only for 5 days, he want back to US and never come back,no communication then for 10yrs. no news if he is still alive.what is the easiest way to make our marriage null and void?
thank you.
Hello there atty.
If i see a picture of my wife with another guy(japanese citizen) kissing each other on her own cellphone. Can it be a evidence for me to file for annulment?
Thank you in advance atty.
yung sakin po. .yung asawa nang kinakasama ko sila dalawa nag kasal sa mayor tapos edad nang lalaki 17 tapos sa babae naman 19. tapos parents nang lalaki hindi pinapasok sa kasalanan. .kahit perma man lang wala. .tapos yung kinaha nang lalaki yung cenomar nla kasal cla pero madami na naiba. .hindi tugma. .yung birthdate nang lalaki. . ano po bang dapat naman gawin plsss lang po pakisagot. .kasi pareho na sila may mga pamilya. .
Plsss help me. .
sir good day ako po ay divorce sa isang japanese citizen 2011 po kmi nag divorce..ang passport ko po ay sa apelyido prn ng x-husband ko…gusto ko na po sana ibalik sa pagkadalaga kc gusto ko po magabroad…ano po ba dapat kong gawin…sana po matulungan nyo ko pano ko po mapapalitan ung name sa passport ko…
Hi sir….divorce po ako sa japan sa isang hapon ang passport ko po japanse prn ang surname ko…gusto ko po sana maibalik s pagkasingle at maparenew.. 2011 po kmi nagdivorce at bumalik dto sa pinas.. ano po ba una ko gagawin at saan government agency ako dpat pumunta…ano po bang process ang dpt kong gawin…please po help me sir…
Atty. Fred,
Good day attorney. I’m a Filipina-Muslim married to a Muslim American. He and his ex wife was into a common law marriage in Rhode Island. They got separated and had the divorce islamically, which is not recognized by the US law. We were not aware that Rhode island is one of the states in the US that consider common law marriage as legal . We got married islamically last April 2015 in Mindanao because we didn’t know that his previous relationship is considered legal by the US law. They both decided to file for a. No fault divorce because my husband is already fulfilling his responsibility of paying for child support since the day they got separated and as per record from the government, he is compliant. The divorce was granted and he have settled all the financial required to him by the court. His finalized/divorce decree will be released on May 1. My question is about our Islamic marriage rites, is it considered as void because the ceremony was held before his divorce? How can we make it legal? We are planning to get married on June in a civil court to make our marriage legal. I cannot request for a CENOMAR because our Islamic wedding rites was filed at PSA Mindanao.
I’m looking forward for your legal advice attorney. Thanks you so much and may Allah bless you.
Atty
I want to ask paano po magfile ng legal separation? My husband is a drug addiction may anak po kami 3yo girl
Atty. Nung ikasal po kami sa judge sabi po ng judge samin we have 4years pra mapawalang bisa ung kasal namin. Feeling ko nagbibiro sya. Pero after 2 and half years of being married, i wish hindi sya nagbibiro (judge). Is it possible na mapawalang bisa ang civil marriage namin hassle free?
Hello sir i was wondering if my boyfriend is legally married or not. He meet a Philippine women in canada and they got married. She retunted to the phillipnes and found out while married to him she was already married in the phillipines was the marriage legal. We want to get married but not sure if we can
Dear Atty Fred,
I have been problematic about my husband since our first year of marriage. Though he has no vices and a good father, he was and still is emotionally immature and irresponsible, no work and has no intention of working to provide for his family. We’ve been married for 25 yrs and I stayed with him for the sake of my children. Now that my kids are both professionals and can understand the situation, I would like to file an annulment. He is younger than me and still active in sex which causes us to fight all the time because he does it even without my consent. I always feel like I am a rape victim and 25 yrs is enough. Would that suffice to file an annulment? If so, how long will it take and how much would it cost?
Thank you for the enlightenment and for helping confused and abused wives.
Atty.
We are Christians couple and married in civil only! He is now currently working in Saudi Arabia. Later on my husband decided to convert in Muslim. What about our marriage now?is it still valid since he is now a Muslim and remain me as a christian.
Gud day attorney.
Atty. Ask ko lng po kung sakaling gusto ng lalaki na e annual na ang kasal nya sa kanyang asawa pero ayaw ng asawa.in fact si lalaki ang may kasalanan kc sya ang naghanap ng kabit at later on gusto nya na pakasalan.
Wala naman po silang pinag awayan.may anak silang isa.
Pwede po ba un na eforce nya ang kanyang asawa na makipaghiwalay o may magagawa ba silang legal ng kabit nya?
Thank you so much atty.
Can my marriage be void if one of the 6 witnessess signature was forged in the marriage certificate?
Atty Fred, good day,
Can I apply nullity case? Because they do fix marriage when I was 14 years old. In the document they make me 19 years old. I don’t live with after the marriage since 1991..
And also how much it will cost?
Thanks
hi atty,
i’ve been married for 13 years and we have 3 sons. i left my husband for a week now and i want to file a legal action about it. i want to end our relationship..my husband is very irresponsible.his parents are the ones providing us financially..from food, bills and everything. he did used drugs that triggered his depression..he gambles every month and does nothing to gain an income.sometime this month he had hallucinations.he bad-mouth me infront of other people.he shouts at me.and even threatened that someone would kill me.he refused to avail medical attention and was furious about it everytime i reminded him to visit his doctor.
the thing is i can no longer stand his being irresponsible and his being mentally disturbed.can i file a legal separation?
atty
my partner´s ex wife fiiled annulment of marriage in the Philippines in 2010,so they got annulment an void in june 2011 but my partner found out about it in 2012 october when his eks wife sent him marriage contract wit note about annulment on the side,he never sign any annulment papers,the case was taken in Turlac court non appearance ,is this annulment is legal? what is the procedure ?does he should sing anything?
I was separated from my husband for 4 years now but we are still legally married. He have now 3 children with the woman who causes our marriage to be failed. Please advise what is the best ground I can file so that our marriage will be null.
Atty. Fred,
I got married to a filipina woman in Philipines last 2014. During the process of getting her to my country Australia we found out that she was legally married with another man so we were not able to continue the process.
I would like to know what to do to make our marriage nullify? Do i have to come and hire a lawyer? How much money will i spend? And how long will it be granted.
Thnak you so much,.would be glad to hear from you soon.
Bill
Goodmorning
Hi atty,yong husband ko gusto niya epa nulify yong marriage namin kasi daw minor age pa cya,pwd ba yon atty.?totoo he is only 17 when we got marriage eni edit cya kasi age nya pra lng makasal kami and sa pgpapakasal nami may consent nmn ng parents nya tapos hndi nmn alam ng pamilya ko na he is 17 that time,ngayon we broke up he told me hndi dw valid kasal namin were living in 5yrs at hiwalay kmi in 7yrs.ngkabalikan ng 2yrs at hiwalay again…..
Hi… I’m planning to annual my marriage..
_parang Hindi kmi mag asawa simula palang
_ mabibilang mo ung beses nagtabi kmi matulog
-simula ng manganak ako d nakami nagtabi
-wala siyang paki ski. Ng anak ko
-paging wla sa bahay madaling araw na umuuwi ng bahay
-hanggang nalaman ko po na bakla siya
-hanggang dko na po kaya makisama pa
– mag 8months ung anak ko ng magaway kmi
At naghiwlay nahuli ko siyang may ka text na lalaki buti pa lalaki nya ginagastusan pero ung bgxan ng oras ung anak nya wla …
– humiwalay man ako ako bumibili ng kailangan ng anak ko kahit nsa knla ang anak ko
– hanggang nkapag abroad ako ako lahat sa anak ko
-bgo po ako umalis ntong pangatlong pag balik ko ng abroad tinry ko nkipag blikan siya…para sa anak ko tintry ko pumayag ako …oct 21 paalis ako ng pinas …una maganda pa ..hanggang isang araw nagchachat ako sa knya bglang may iba nag reply ibang tao yun pla sinangla nya ung cp nyang binili …every nagpapafla ako ilan araw lang nag memesage naubos ang pera sa sugal…lagi nlang akong naiistress sobra kubg mangulit sa pera…jan this year pinutol ko na ung samin..sobra kasinungalingan ang ginagawa skin …ang worse pa pag uwi ko nalaman ko ung pinapabayad knh inutang ko binabayaran man nang hihiram ulit…ung iba d binayaran…simula sa una wala siyang kwenta ama at aswa pero binigyan ko ng chance pero ayoko na po …ngayon nagpapalano na po ako mag pa annual gusto ko nang kalimutan ang pinagdaanan ko sknya d ko man akalain nalagpasan ko …may chance po ba ma void ung marriagr nmin
Hi, Atty. Fred,
I would like to ask you about the registry no. of the Solemnizing Officers in the Phils. I tried to check the one indicated in my NSO Marriage Contract which is 99-xxxx-01 from the site “https://sois.psa.gov.ph/search”, but it won’t give a result. So I tried the fullname, but it shows that the registry no. is 0HS0WHHQP and that it’s registry effectivity is Jan. 2005 to Dec. 2007 but the Solemnizing Officer married me and my husband in 2001. How will I know if he has the authority to solemnize in 2001? If not can that be a ground for declaration of nullity of our Marriage? Then I just also found out that he ‘s Sect Locality is United Council of Christian Churches Inc., wherein, me and my husband are not members of their church, is that even legal? I thought he was a judge. By the way, can a judge solemnize a union? Thank you for your time Atty. Fred and I hope you can enlighten be about this matter.
Me and my Ex managed to have a Muslim marriage contract and registered in PSA but his previous marriage still exist and the annulment is on going that time. Please advise if the Muslim Marriage Contract that we are holding is valid or not? Second question is once the court grant the annulment , what will be the status (record) of the petitioner in NSO/ PSA?
Atty,,
Hiwalay napo kami Ng asawa ko for more than 15 years. Nagkamilya ako ulit after 4 years at Yong asawa ko din.
Naghiwalay din PO kami Ng second partner ko.
Ang Tanong ko po,puede po ba akong magpasal ulit kahit may Pamilya na Ang Una Kung asawa?
Precious
atty:
tanung q lng kung anu po ang the best na gawin namin ng partner q ngayon,
my isang anak n po kami at parehas kaming kasal sa una naming mga asawa.pwede po b ang LEGAL SEPARATION saamin mga dating asawa sa sitwasyon namin sa ngayon,1 year n po ang nakakalipas na ngsasama kami ng partner q ngayon.
salamat po.
Hi i just would like to make an inquiry if there are grounds to nullify the marriage if the man is a catholic priest, did not declare he was a catholic priest and is still in the diocese while getting married at the civil registrar?
Hi, need ko lang po nang advice.kinasal po ako sa pinas, tapos ngayon separated na ako more than 7 years.ang ex-husband ko ay British tapos British citizen na rin ako pwede po ba ako mag file nang divorce under British laws or kailangan sa pinas?
how to file annualment or legal seperation because im work abroad what is the requirement and how long process
attorney. gusto ko lang malaman parehas na po kami ng asawa ko na hindi masaya sa pagsasama namin meron po kami 1 anak na 4 yrs old , gusto ko po mag file ng anullment , mas madali po ba magrant kung pareho na namin ayaw sa marriage life namin? 4 yrs na po kami kasal
My GF has been separated from her husband for 15 yrs now and they have 2 kids together which is 19 and 20 yrs old. He already remarried shortly after they split up and already has other kids with his new wife. We want to get married and move her to the USA with me and get married. Can u give me sum info on what we need to do, how much it might cost, and how long to get it do e.
I am an ofw and I have had a relationship with other woman whom I got a son on 2012.. My infidelity is the product of my doubts that my wife have had a relationship with other man in the late 1990’s or early 2000 before I went abroad in 2003. I confronted my wife several times but she repeatedly deny it.
Last month, my secret affair with the other woman was discovered by my wife and I accepted it and mentioned about my son as well. Then my wife confessed that that my doubt of her infidelity was true.
I consulted a lawyer about filing a case of annulment, but now I am hesitant to go on with the process due to expenses and the time it will take to get the court’s decision.
My other woman was a converted Muslim, and someone advised me to convert into Muslim so I can easily marry her.
Is there a law that will nullify my marriage to my wife if I will be converted? Or should I still go on with the process even my christian name was changed to a Muslim name? Am I liable to any civil offense with my plan?
atty, good day. im edz, male, ask ko lang po. may live in partner po ako ngayon, married sya before mga 2005 yata or 2006, with 2 kids sila.. hiwalay na sila since 2009 na because sinasaktan sya ng lalaki and palaging npapaaway at minsan nagbanta na magpapakamatay, (ngayon may karelasyon na ding iba yung guy).. in our part, 2013 po kami nagkakilala and may 1 anak kami. gusto sana namin magpakasal din. pano po namin magagawa yun atty? salamat po
good morning , I have a question , my girlfriend (Lea Sabalvaro was forced into a marriage by her parents when she only was 17 they lied on the certificate to the marriage (DOB ) 17.june 1995. the husbands name is Christopher r Aquino , I WOULD LIKE TO KNOW IF HER MARRIAGE IS LEAGAL OR NOT. her date of birth of the marriage 14.5.78 , the certificate says she was born in 1976. which is a lie. the husbands DOB 19.10.73.
My girlfriend has lived in the UK for 15years and is now a British citizen with a UK passport .
we would like to know if we are free to marry.
atty,
ano kaya ang pede kong gawin sa asawa ko na wala ng power at laging mainit ang ulo nya at pinalalayas nya ako kung mainit ang kanyang ulo.
pede ko ba syang idemanda.
Hello po Atty!
I am married to a frenchman in the Philippines last 2011, now we are currently living in France, he was never a husband to me, he is addicted to videogames he play almost 24 hours! I tried to keep our marraige but its too much! I found my life miserable…i don’t have any plans to remarry, i just want to be free coz its really not working for us and maybe would live happier alone.
My question: is it préferable to file an annulment in Philippines and make it validated here in France or file a divorce here in France and validate in the Philippines? Other thing is the cost of annulment, etc. please give me some points to consider if possible i am willing to meet you once i am in the Philippines once to twice i a year i go on vacation.
Thanks po ng marami…have a great day po!
Wala na po yatang atty na nagrereply dito. Pero kung sino man po nakakaalam sana reply po kau sa itatanong ko. Pano po kung yung asawang may kasalanan o the guilty spouse ikanga, ay sya pa ang nagpapaannul ng kasal? Pwede po ba yun? Thank you po sa sasagot.
what if someone is not happy with their relationship as a couple due to emotionally abused, can it be a ground to file a for a legal separation?
Thanks!
Atty. Panu po kung nakikipag hiwalay sya sken tpus wala syang balak umuwi dito para asikasuhin ung annulment nmin tapus gusto lng nya pirmahan ko divorce paper na pinadala nya papanu namam po ako nun? Tnx
Atty:
I would like to know – if my ex Husband can sue me cause I’m pregnant now with my new partner although we are separated since 2013 and we file annulment on 2014 ( we are waiting for decision Til now )
Atty.. Tanung kulang poh pwd ba akung mag file ng annulment… kahit mag kasama pakami Kasi po Nanakit sya.Slmt ..
Attorney I was married in Islam here n Philippines and we legalize it through passing the papers to NSO and DFA,Once i got divorce in Islam (Sharia Law) how would be my status in Phillipine Law?Could I still re married in civil wedding?Or do I need to get annul?Please answer.
I recently met a woman from the Philippines, we have fallen in love and want to marry. Here is our situation,that we are seeking your expertise to advise.
She married at age 18 ,they separated 2 yrs later no kids and have not been reunited since. She is 38 now. He has however remarried and has a child with new wife. Do we still need to go through the lengthy drawn out and costly annulment procedures? Or does this situation qualify her to get one of the quicker alternative type annulment? I live in the USA and she is currently working/ living in Hong Kong,we want to do everything legal and don’t want to have problems getting her visa etc. We were quoted $5,000 US dollars which we don’t have .
Please any and all advice would be greatly appreciated.
Thank you
Thank You for having this site. It is truly a big help. I also want to share my situation and needing your expertise.
Good day,
I would deeply appreciate your help. I do not know where to start and what to do. I am a father of 2. We have a civil marriage before the second child was born in 2006-07 the reason why we got married is, I want to give her the security but I was wrong. Before the second child was born on 2007 my wife had an affair with the same gender after a few months of giving birth she went back to work unfortunately did the same thing, before and after the birth of our second child. When I found out in the pile of bills I decided to leave the house for good. After a few weeks she just left our kids with the in laws. The eldest was left with her parents and the second she went to my parents’ house and left the baby and she stayed with the other. I am ok with that arrangement without consulting me. Instead of filling a case on her. Almost 10 years past without any communication. I met someone and moved on to build another family. The current knows my situation about my first and she was ok with it. Until one day my eldest from her requested to celebrate his birthday with his baby sister. I agreed on it and we had a chance for closure. But she still asked me if there is a chance to be together. I never mentioned it to her that I already have another family. By the time she found out she threaten me to leave my second family. I got scared of what she can do. I tried to ignore her but she was just so persistent. She even found the name, address and the number of my second family and threaten them. I met her after that incident she asked me to call my second and tell her I will no longer continue our relationship. I did call them. To protect my second family, to give her the satisfaction hearing it. Now I am thinking of settling it for good but I do not know what I need to do first. I have lots of question about the conjugal properties and child possession from both first and second family. Since I left her years ago and she still carries my last name. My concern is I do not want her to claim any conjugal properties on what I have and can have. What is the best way going through the separation process that whatever I work hard for that she cannot get hold of. I am cautious to get a housing loan, a car loan and even a savings she might demand all of it. Please help me.
Sincerely Yours,
Dan
Hi ,
Question lang po… I have a husband for 14 years and we just recently found out like 2-3 years ago na di po pala xa naka register sa NSO… As in wala pala xang information na pinanganak xa… Yung hawak nya na Birth Cert was pinagawa lang pala ng namatay nyang tatay. Is this possible for nullity of our marriage?
Hi good day attorney may asawa po ako sa pinas now may kinakasama na sya sa pinas almost 4yrs na poh..i was married last 2007..2013 hiwalay na kmi wlang communication at may pamilya na sya..anu poh ang gagawin ko pra maanull ang kasal nmin.
Dear atty,
Good day !
about my situation, we’ve been married for 12 years(2002-2014) no baby. So umabot sa point na nagkaroon ng kabit yong husband ko pero nagkabati din, lately mga (2011) he joined this website called tagged he spend time chatting with different hirls i never mind kasi he doesnt meet them in person kaso nang tumagal he ask me if he could do meet ups, ang sabi nya just friends kasi di ko naman ma bigyan ng anak so i let him be hanggang sa umabot na he wants me to join tagged so we made my account so started chatting also until one day he ask if we could go on group date i thought it would be me and him, i was wrong it was him and a girl and i have to bring a date, dahil na galit ako i invited someone also , to show him i could also find someone kahit matanda na ako. i know it was a mistake but he says its anew adventure kasi hindi sya happy sa akin. kasi i was TANGA so i let him be. umabot sa point na pinapaalis niya ako sa house namin kasi doon daw sila matilog ng girl niya, so i made a decision na umalis at iwan sya. my Question its been 4 years now na wala talagang communication can i file for annulment his living with her girl sa bahay namin and i also want to get a new relationship. please advise me..
weve been separated for almos 11 years..my ex has been living with with another girl…do i still need to apply for annulment if i plan to remarry ?
Good evenining
Mag 13 yrs n po akong Hiwalay s husband ko at wala po kmi ng communication, kahit po nag file ako ng annulment last 2011 , wala po kmi ng anak, pede n po bang maging bull and void un kasal nmin. Thank you po
Hi Atty Fred,
Good day!
kasal po ako year 2008, ten years kami nagsam ng wife ko, unfortunately there’s 3rd party. . we decided to stop our relationship last sept 2015.. 2017 nagka anak sya sa guy. .and the baby was under may surname. .pero hindi ko anak.. 2 years n kami hiwalay. . wala na rin akong balak habulin sya. .paano po kaya yun? gusto ko magfile ng annulment kaso wala po ako pera. . nasa custody ko rin po yun 3 namin anak. .wala pong sustento galing sa kanya. . ano po pwede kong gawin. . Salamat po
Dera atty,
I am married to my husband and not legally separate. We have no siblings if possible can i claimed a spouse support to my husband?
please replay.
thanks, juvy
hello Atty. Fred it is possible namawalan po ako ng license or ma cancel with my proffesion as a nurse kung idemanda po ako ng ex-wife ko with concubinage incase na di po ma grant ang annulment namin? thank you
Atty Fred, I would like to ask in behalf of my friend. Is it considered as grounds for annulment if the reason is fell out of love? Yung kasal kase nila is out of awa sa babae. What are the possible things to do para mapabilis ang annulment nila?
Dear Attorney,
We separated 3yrs ago but I can say I am a good single mom. I’m currently overseas since last year.
Last September 2015, I separated with my husband. From that on, we never had a face to face communication. The only communication is on messenger pag ipinapadala niya ang resibo ng padala niya para sa anak naming 5 yrs. old. Since we separated, he only sent money 8 times.
We got married last April 30, 2012 because I was pregnant and my mother doesn’t want me to deliver an illegitimate child so she prepared for my wedding. I was 20 yrs old back then. I’m a runaway bride but I have to go to my mom since I didn’t bring any money to pay for the taxi.
After the wedding maybe a week, I saw my husband differently. He was like out of his mind for a minute or two and he is pointing somewhere. After giving birth, that event keeps on happening and it’s getting worse. So, I confronted him and he admit that he was experiencing that since he was in college. We went to the hospital. He has a Complex Partial Seizure Disorder and there is no cure for it, all we can do it to prevent it from occurring every time but his illness gone worse. Sometimes seizure occur 3x a day anytime. I did my part to take good care of him. I always asked him to take his medicine, not to do the things that triggers his sickness but he never deal with it seriously.
What’s wrong with him as well is that he’s poor in hygiene. I needed to ask him to take a bath, to brush his teeth and to keep his things organized.
He never called my parents mommy or daddy only “tito and tita”. I did my best to be the best partner, if his illness attacks him, I hugged him. I do his lesson plan, I do the household chores, I go to work with my baby.
I asked him to please take good care of himself too but he never listened. I told him that I’m getting tired of his negligence and I’m falling out of love but he didn’t believe me. Time flies and my love faded, I can’t even look at him while doing the thing. I was crying and it hurts.
Since there is no hope to save our marriage, I broke up with him. I became a single mom. He borrowed our son thrice since we separated.
I had a boyfriend after him but I decided to broke up with that man to settle everything first. I want to file a legal separation and annulment. What can be my ground? I always wanted to have an annulment but I think I need to wait for the Divorce bill for cheaper expense.
I know people cannot understand me. All they know is that my reason is not valid.
Please help me. I don’t have any thought of going back to him. I have a man I wanted to be with. He loves me since I was in High school that was 10yrs ago, he’s even waiting until now.
Please I need your help attorney. I’m getting desperate. Thank you!
Sincerely,
P’Girl
Are these facts still relevent today?
hello po atty fred. ask po ako if ground po for separation ang recorded video call having intimate sexual act? is it still sex infedility kahit they have no physical contact?
pls reply po… salamat po.
hello
if a filipino woman still living in her country with two children aged 13 and 18 and has lived apart from her husband (who is filipino) with her two children for 11 years or more with no surpport or contact from him.can she get married in another country as in the uk.or do she have to file for devorce first.
Hi Atty. Gusto ko lang po malaman ano ang pwede kong gawin kung madalang na pong umuwi husband ko (3x a week). Matagal na po kaming di magkasundo at alam ko pong may iba na syang babae though wala akong physical evidence. Wala po syang malasakit sa kin at di na nya ginagawa ang mga obligasyon nya bilang asawa. I am emotionally ang psychologically abused. Maari bang paalisin ko sya sa bahay namin but at the same time humingi ng financial support? Wala kaming anak at naka mortgage pa ang bahay namin for 10 yrs. Wala din akong trabaho. Thank you for your time.
Hi. We were both Filipinos when we got married in the Philippines. Fast track..Separated for more than 20 years, He is now in the states and is now a US Citizen. He has filed for annulment in the States. Should this be granted, is this recognize in the Philippine law or I should file for annulment in the Philippines separately?
atty. ano po ba ang kasong pde ko isampa sa asawa ko kasi po sumama sya sa lesbian can i file a legal separation?
Atty.. tanong ko lang po..asawa ko nasa finland nag asawa sya duon at nag ka anak. Matagal nyang hindi sinabi. Kung makikipag hiwalay ako makaka kuha pana ba siya sa mga naipundar namin?
dear atty fred,
papano po ba ang proseso ng pagfile ng annulment
nandito po ako ngaun sa oman and 1 year and 8 months na po akong hindi nakikisama sa ex wife ko. sobra po kasing sinira ng ex wife ko ang name ko sa lahat ng tao dito maging sa lahat ng mga other frens ko abroad and in the Philippines. may dalawa po kaming anak pero di ko po sila pinababayaan . pwede ko po bang gawing grounds yun para mapawalang bisa yung kasal namin po. sana po matulungan niyo po ako sobrang hirap na po ng kalooban ko sa ginawa niyang iskandalo sa akin at sa family ko.
Hi Atty.
Ask ko Po converted as Islam na Po Yun patner ko pero kasal Po siya dto SA pinas noon Christian pa siya still valid pa Rin Po ba kasal niya?
Thank you.
Hi Attorney,
I’m from Cebu and Atty. Fred, I badly need your advise here. I’m currently looking into the best route with the least cost. My wife already lives with another man and they recently have there 2nd child and we have been living separately since before she got pregnant by another man. It was also the time when i got a written and verbal confession from her. I’m looking into making sure that the custody of my child goes to me and at the same time keeping her away, with the least use of monetary resource. So to make it short, what would be the best route to go with the least cost, being that 100k to 200k for an annulment case can do much good if invested on my son. My son is currently under my custody being that the fault was her’s to begin with, so right now i’m planning to make a legal action. I hope you can provide me a very good advise. I’m just a father protecting the well-being and the future of his son..
Hoping for your vert prompt and helpful response.
Thanks Attorney and God bless..
Nagfile po ng annulment ang misis ko 4 years ago at nakatanggap po ako ng subphoena pero hanggang ngaun di ko alam kung anu naging result paano ko po ito malalaman
I had my first child in common law marriage with ____. I was pregnant with my second child (almost 4 years later), and we decided to make it official. The date on the certificate is January 1, 2001. I was 23. He represented himself as 22; providing a birth certificate stating the same. Somewhere near a year later, I separated from ____ for adultery. We have not been cohabitant since. He knew before my first child that I did not want someone younger than me. So, he lied.
Two years ago, I found out that ____ committed fraud to get married. He was only 19. There was no parental consent. He KNEW he had the wrong, forged certificate, because he used the real one for his passport just 5 years after. He altered the birth certificate of his sister (she informed my son the date he claimed was hers) to avoid the required consent. NSO has no record of the forgery, but they do with the true one.
I am now with opportunity to by the property on which I lived as a squatter for many years. I do not want him to take it. Should I file annulment for fraud since his true identity (age) was concealed from me? Or should I file nullity because of lack of consent? Should I file both? I qualify as indigent, but contrary to their website, the PAO tells me they do not do annulments. My guess is for religious reasons. Should I go to court on my own for just filing fees? How should I proceed?
Hello po, pa advice po sana ako, divorce po ako sa hongkong tas get married again sa american guy. Umuwi po kami dto pinas, tas 5 yrs ago nag cheat un husband ko, pero till now nagsasama pa rin kami with our daughter. Kailan lang po, na find out ko may anak na cla ng girl before. The kid is 4 yrs old. Tapos po may communication pa rin cla ng babae nya. Dinala pa dito sa house namin un anak nila. Hindi ko po alam kung sino yun babae, ang suspect ko po un massage girl niya noon. Ngayun struggle cya kc dna niya masuportahan anak nanin, kc sinusuportahan niya yun mistress nya at anak nila
Please ano po gagawin ko gusto ko po sana sila kasuhan bagu ako aalis ng pinas. Pero wala akong enough money para kasuhan cla.I need help please po. Depress na po ako gusto ko na nga pong tapusin na buhay ko. Please help me po..
Atty since 1998 pa kami kasal nag file po ako ng anulment noon 1999 dahil Hindi naman kami ngsama after 5 years naman hearing ang result diny po pwede nag ako mag file uli thank you
Hello i am Darrell Pearce. As a foreigner from New Plymouth New Zealand & having met my fiancee in the last year. Can she file for divorce in New Zealand or can she file in Singapore? She is just separated from her ex husband for 6 years after her ex husband abandoned her & stopped her from seeing her own son. My fiancee wants nothing to do with her ex husband anymore & she also wants to change the marital status on her passport to separated so she can be single again. Can she file for divorce abroad & remarry in another country like New Zealand.
Kind Regards
DARRELLGEMMA PUQUIZPEARCE
I want to ask.. is it valid if my father file a divorce to my mother who has a green card but still both Filipino Citizen? is it recognize here in the Philippines? thanks
Hello po, just want to ask lang po kung anu pong pwede kong mai-file sa husband ko. Married po kame year 2000 then naghiwalay po kame ng 2010 were not living anymore now pero may 1 anak po kame and shes 16yo now. Ngayon po may ibang kinakasama na sya, may 3 anak sya don. At hindi po sya regular na nagsusustento sa anak namen. Once a month lang kung magbigay paghinihiram nya lang saken. Ano po bang pwede kong habulin sa kanya in a legal way? Thanks po.
Dear Attorney,
I have been thinking to file an annulment for the last three years. I was married last Jan 18, 2003, I wanted to hire a trustworthy lawyer who will help me to do all the procedure as I am in Singapore right now, working as a domestic worker. I am willing to communicate through personal email.
Elli
Atty,
Good day po.Nais ko lamang po kung anong magandang gawin..Nais ko po sanang magfile ng Annulment kaso hindi po pe2rma yung side ng babae…Ok lang po ba yun?
Atty.. may partner po ako ngayun na kasal sa unang asawa niya sa korte.. almost 7 yrs na clang hiwalay.. tapos ung unang asawa po nya ay madalas o minsan lng magbigay ng tulong sa kanilang mga anak.. ano po ba dapat gawin kasi gusto naming makasal kami..sana makatulong po kau..salamat po ang Godbless
My brother thought that his first son isn’t his
is this a grounds for marries under fraudulent circumstances? also will this automatically void the marriage even though they already have 4 children
sir ask ko lang …kasi po ay kinasal po ako ay 16 yeats old..pero ung nilagay po ay 18 years old ako para makasal..paano po ito mapapawalang bisa..ano po gagawin ko..
we’re married i the philippines 30 yrs got divorced in canada even though we didn’t file annulment can he marry in the philippines? our marriage valid or not?
atty, i have a question. i filed for an annullment and i already got my court order regarding the nullity of marriage.But, i havent proceeded in filing for the processing of the documents which will finally put a stamp on ur marriage contract as ” annulled” in the na PSA and civil registrar. As i speak i didnt move an inch to process it, then my ex- husband married in the US. If there’s already a court order but the papers still hasnt been finalized as annulled, is his new marriage already binding and legal?
another thing is once there’s a court order and one has not processed the papers in the civil registrar and PSA, is there an expiration to this court order if i dont process the papers right away? if yes til when? thankyou very much
hello, 14yrs na po ako sa abroad at di na po ako nkakauwi 15yrs sa pilipinas, hindi maganda ang paghiwalay namin ng asawa ko, gusto ko ng divorse peor wala nman sa pilipinas ang divorse….Any option na pwede ako mag apply to separate us ligally para pwede n kmi manahimik sa buhay namin at harapin ang bagong umaga….May kinakasama na ako dito sa abroad at may anak narin kmi….Please advice me kng anong gagawin ko di ko alam kung saan ako lalapit, Pwede ko ma divorse dito sa abroad in legal way, pero sa pilipinas kasal parin ako…..May mga ibat ibang lalaki ung Xwife ko pero wala nman akong evidence, only witness, tinatago lng ng xwife ko, pero ako alam niya na may kinakasama ako….Kung uuwi ako sa pilipinas im sure ipapakulong ako kasi gusto niya humingi ng 45th suntinto eh saan ko hahanapin eh di man ako pwede mag trabaho dahil TNT ako, kaya I decide na maghanap ng iba na mkakasama ko na pwede ko sandalan at ngayon nagmamahalan nman kami….Noon sa pilipinas pa ako lagi nman kmi WAR lalo na pag wala akong pera palalayasin ako…i was 21yo b4 na nagkaroon kmi ng anak ng xwife ko i was so young and not ready to have a family, kumapit lng siya sa akin para ma palayo sa papa nya dahil nanunutok ng baril and drug users…Ang pangit ng samahan namin b4 untill last year were fighting through social media. 1yr na ako walang communication….I know my plano siya against sa akin….Ayaw ko manakit pero kng wala akong choice baka magawa ko na di ko dapat gawin sa kanya kung uuwi ako sa pilipinas….. Kaya bago mangyari ang masama hopefully pwede ako mka pag apply ng or legal separation or i don’t know kng meron pang iba..Kaya lng di pa ako pwede mkakauwi hindi pa nag grant ang amnesty ko. Pano ako mka pag apply at anong lawfirm na magaling sa ganitong sitwasyon.
Thank you
Looking for your reply
hi paano po kung same kami na catholic magasawa then yung nagkasal sa amin ay hindi catholic (civil wedding) may nabasa po ako na null and void ang marriage.. kailangan po ba namin pa rin magfile ng annullment since nagkaroon din kami ng problema magasawa (nagkaanak sya sa iba)
30yrs we’re married sa pinas nag divorced kmi sa canada he got vulnerable at nagasawa sa pinas to hurt me . Pwede po ba sya magasawa hindi kmi annulled at mag demanda ko sya ng bigamy ? Pwede ko ba ipa deport yng wife nya?
Please read this article: http://pnl-law.com/blog/legal-dynamics-citizenship-divorce/
Atty Fred,
Atty.may friend po ako na may knaksma na. Yung ex-wife nya po is may anak sa ibang lalaki. Yung nasa birth certificate po ng bata is maiden name ng babae. Pwede po ba yun atty? Ground po ba yun para mpabilis ang pag file ng annulment or legal separation dahil sa ginawa ng babae na pagkakaroon ng anak sa iba. Wala npo silang communication pero nagsusuporta nman po ang friend k sa anak nila. 1 year npo silang hiwalay.
Tyrlie, on the use of surname, please read this post: https://pnl-law.com/blog/allowing-illegitimate-children-to-use-the-surname-of-father-administrative-order-no-1-revised-implementing-rules-and-regulations-of-republic-act-no-9255/
On the length of time when the spouses have been separated, please refer to this post: http://attyatwork.com/length-of-time-when-husband-and-wife-are-separated-does-not-automatically-nullify-marriage/
Hello po ask q lng po..balak po sna nmin magpakasl ng foreigner bf q dto sa bansa nla ..e kaso..kasal po aq ng may 9 1999 sa plilnas 5 year yrs lng po kmi nagsama then 2004 nghiwalay po kmi..eh mahal po kc ung annulmen wla nman po gaano pera ung bf..ska 6 years na po kmi ng bf q kya balak po nmin na magpakasal…ano po gagawin q..kng d po legal ung pghihiwalay nmin ng dati q aswa sa plipnas..ska wla po kmi pera..pngastos sa annulmet..
Hi attrny,
I just want to ask regarding my annulment. Nag labas na po kasi ng decision ang judge for my case and my annulment was void na po pero di pa naka finalise sa LCR na void na ang marriage ko. My question po is can i remarry again kahit di pa lumalabas sa NSO na void na ang first marriage ko?
Thank you and Regards,
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I just want to ask po sana if ano mas maganda action gawen ko..un mas mabilis na way na makahiwalay aq s x ko… either nullity of marriage or annulment .. eto po situation ko.
– ang solemnizing officer na nagkasal samin is tauhan lng s munisipyo.
– mahal ko nman po un x ko dat tym pero napilitan lng aq mgpakasal agad agad kaz tinakot nya ko mgpapakamatay sya kaz hihiwalayan ko na sya dpat kaz nagkaron sya ng ka.fling habang nasa abroad aq..
– violent person po un x ko… 3months lng kmi nagsama s isang bubong pero nanakit na agad sya pg di nabibigay gusto nya either material things or un weird sexual drive nya. (3months lng dto un sa pinas kaz nag.abroad aq uli after marriage.. sumunod sya after 3 months pero hindi kami nagsama.. nagkikita lng kmi at least 2-3x a month.
Sana po mapansin nyo question salamat.
Hello Atty. Me and my wife are married here in Philippines last 2008 and got separated last 2015.
She went to U.S. and already settled a foreigner. She filed a divorce for our marriage here in philippines.
If our divorce that she filed in L.A. will be granted, ma e acknowledged po ba dito sa ating bansa yung divorce namin atty.? If I’ll be remarry again, kailangan po ba talaga mag file ng annulment? thank u!
Hello sir my name is David and my question is after the annulment is granted after the degree of annulment is registered will my girlfriend have to change her last name on her passport and all the rest of her IDs Or can she leave it like that and travel here to the US being that she had just got an annulment or is there some sort of paperwork that she can do to be able to travel with in a month after her annulment if I can get a response on this question I would greatly appreciate it thanks
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Dear Atty,
Kasal po ako sa islam pero isa po akong kristyano,nag hiwalay na po kami for almost 9yrs at nag pakasal na po siya sa iba.meron po kaming marriage certificate.Gusto ko lng pong malaman kng ano po ang proseso pra mapawalang bisa ang kasal nmin sa islam.slamat po
Dear Atty. Fred,
Me and my ex-husband were both Filipinos when we first arrived here in Italy. However, I acquired my Italian citizenship just over a year ago. We are currently legally separated under the Italian law.
My question is:
– I intend to file an annulment, however, since I am still married to my ex-husband under the Philippine law will my ex-husband be entitled to the property that I recently bought here in Italy under my name
after the annulment is finalised/granted?
I would gladly appreciate if you could reply back and help me with my concern. Thank you in advance.