One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).
Should I seek an annulment?
This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.
What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?
The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay.
How long does an annulment process usually take?
The entire process could take less than a year or, if you’re unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly.
How much does it usually cost?
This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least a Hundred Thousand Pesos (PhP100,000).
I have a limited amount of money. Where can I seek legal aid?
There are certain institutions where you could seek free legal assistance. Start with the Public Attorney’s Office (PAO), although they may or may not accept your case, depending on their load (they’re usually overloaded with cases). The Integrated Bar of the Philippines (IBP) and certain law schools, provide free legal aid. Remember, however, that your request may be denied because there are other important cases handled by these institutions.
How can I verify if my lawyer really filed the petition in court or if a decision was really issued? Can I obtain a copy of the decision?
You may ask your lawyer to provide you with a copy of all documents (motions, pleadings, orders, decisions, etc.) relating to your case. The photocopying cost, of course, will be charged to you. In any case, you could always request to photocopy the record with the court where the petition was filed.
If there’s already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry?
No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you can’t remarry.
If you can’t find the answers here, please refer to Part I, Part III, Part IV, Part V, or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
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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 saddened by their situation that it is always his wife who gets what she want about their family life, he don’t have a say..he started to ask me about annulment but i know nothing about it..i am surfing the net now and found your link that’s why i remembered him and wrote you this..please advise so that i can also advise him..thank you and more powers
Atty.Fred
I need an answer for may problem!what if i want to marry again, but then i am married to my x wife in civil. what should i do?
Atty.Fred
I am married twice, and all are these in civil marriage. Unfortunately, all these marriages failed and we are all seperated already. How should I know if these marriage are null?
Thank you very much and I appreciate you positive response!
Hi i just want to ask for a legal advice about my marriage..
my marriage was solemnized under the article 34 stated that no license is necessary when a couple living together for atleast 5 years,
which is not applicable to us, the date of the marriage was November 19,2002..which means that we started living together since 1997 which is not true coz during those times i was still in davao and never been in manila,and i know him in year 2000 so how did we live together as husband and wife for atleast 5 years..and 2nd there is no really marriage ceremony happen on the place that was stated on the marriage certificate,we signed an application at home in tondo but in the marriage certificate the location was in San juan metro manila, i read an article that the pre-requisite before marriage stated that you must have not less than 2 witnesses but we have 1 witness ..my question is if can i filed a petition for the declaration of absolute nullity of void marriages with those grounds.And if ever i filed a petition where should i file it?
Thank you so much and i hope to hear an advice from you.
hello sir,,,tnx God i found this site,,,i been very worried this past few days,,,my husband said e will file a case against me,,abandonment coz i didnt support our child since i left,,concumbinage he said he saw a pic of me and a guy in my friendster and about the passport law because i used single in my passport though he hagreed with it,,,my Question are is it possble that the case will go on even im not there in the philippines? and he said i will be inprison with all the cases he filed and the court will grant him the annulment,,,is it posible? and how about my passport thing will it affect me if he complaine in DFA?,,please help me clear all,,,and how can i start to proces my annulment i dont know how to start,,if i want annulment what could be the reason so i can have it? tnx and more powwer
atty.fred i just wanna ask a question regarding my marriage and i want to annulled this..i was married 9 years ago,and we live together my spouse for only 2 years..we have 2 child but before we get married we live together first.after 2 years of being married,,we got misunderstanding and he leave home ,,after that he never come back anymore..its turning 7 years since we separated..i want to file an annulment but i dont know where he is now..and is my married is legal bcoz my name in my marriage contract is misspelled..it should be mary ann but in my marriage contract is mary anne..please help me atty,,what case should i filed?and how much the cost?
dear atty,
sir good day to you. i am a seaman and just recently when i got home from the ship my wife confessed to me that she has a relationship with another man who is also married. the wife of this man filed charges against them, the first one is concubinage and the second one was psychological violence. sir i would like to seek annulment of my marriage, are these reasons valid sir?
thanks and more power đŸ™‚
“Petitions for annulment between Filipinos, or those initiated by the Filipino spouse (in a marriage between a Filipino and a foreigner) may only be filed here in the Philippines.”
Is this like the divorce, means annulment can be filed by the foreign spouse in any country. And once granted by the court…..can the Filipino spouse remarry or does the Filipino spouse need to file a petition for recognition of annulment decree also? Is it the same process & procedure with Divorce?
why can’t Filipino spouse file annulment outside the Phils, does it have something to do with the difference in laws and culture of countries i.e. UAE
Hi,
I am from the UK. Have a Filipina girlfriend who is married.
She married 20 years ago and gave birth to a daughter. Her husband left shortly after to go to the US.
3 years later he returned and asked for another chance which she agreed. She became pregnant and again he left for the US. Apparently he also went thru a marriage ceremony in the US.
He has since returned to the Philippines and has a new partner and children.
I will be joining my girlfriend shortly and would like to begin annulment. Could you please tell me the cost of the annulment and time. I read from your comments it could cost as little as 50k and could take one year or more.
Many thanks for any help.
Hi Sir,
I would like to ask if I can file an annulment and for how long will an annulment case last?
I am a mother of two.. My husband work in another country. He already cheated me twice and for the second time I would like to legally cancel our marriage. We had different view in life. In fact we usually do argue and I think we no longer have a healthy relationship. Since we everyday fight and for me it is no longer helping my children hearing us both fight. He already have someone and he also did agreed to pursue to an annulment.
Please do help me. Thank you.