Annulment in the Philippines: Questions and Answers (Part 4)

This is part of the continuing installment of discussions on annulment of marriage or declaration of nullity of marriage. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query.

Annulment, Divorce and Legal Separation Q&A 4

Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper?

The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. These grounds are exclusive. However, the specific facts or acts that support each ground may vary on a case to case basis. For instance, psychological incapacity (Art. 36) was purposely drafted without a specific definition. As noted by the SC in one case, judicial understanding of psychological incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. The guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation.

What is the remedy if my spouse could not be found? I’m having a difficult time starting the annulment process because I can’t find my husband (or wife).

The presence of the other spouse in the proceedings is not required, provided there is a valid service of summons. The summons is usually served by handing a copy to the other spouse. However, if the other spouse could not be found, service of summons is done through publication. The petitioner files a motion asking the court, for valid reasons, that summons be served through publication. [See also How Many Years Before a Marriage Becomes Void in the Philippines]

My petition for annulment was granted, but before it became final, I remarried. Is my second marriage valid?

No. The law provides that remarriage during the existence of a previous marriage is not valid. The mere fact of filing the petition, or the grant thereof without complying with all the requisites, is not a reason for contracting a subsequent marriage.

My petition for annulment was denied even if my wife didn’t appear. I didn’t tell any lies during my testimony. Shouldn’t the petition be granted considering that my wife didn’t even appear and testify to the contrary?

The absence of the other party is not enough ground to grant a petition for annulment or declaration of nullity of marriage. The court, in deciding whether to grant or deny a petition, must look at the sufficiency of the evidence supporting the ground used in the petition. The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.

I got married without parental advice. Is my marriage valid?

A marriage is valid even if no parental advice was given. There is a separate discussion on the distinctions between “parental consent” and “parental advice“.

How will I know if my attorney is a valid one? Is there a website available to check if it’s valid?

A lawyer must be registered by the Supreme Court. It may happen that a person in Supreme Court Law List: (a) is already dead; (b) had been suspended from the practice of law; or (c) disbarred. It may also happen that the name is registered in the Law List, but the identity of that lawyer is being used by a non-lawyer. Check this previous discussion.

I’m single and I was surprised to learn that a Marriage Certificate is on file with the NSO. My ex-boyfriend is reflected as my husband, but we didn’t get married. What shall I do?

We’ve encountered variations of this problem a number of times. The common thread is this: there was absolutely no marriage, but for one reason or another, a marriage certificate ended up with the NSO. The good news is, it’s relatively easier to show that there indeed was no marriage. The bad news is, a petition still has to be filed to declare the alleged marriage as null and void.

If a Filipino couple later became U.S. citizens, then got divorced, is their marriage still valid under Philippine law?

There are a lot of questions relating to this issue, even with the number of articles (please go here, here, here and here) that deal squarely with this issue. These articles also discuss the situation wherein the foreigner-spouse refuses to file for divorce. Again, kindly search the site before posting a query. Thank you.

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If you can’t find the answers here, please refer to Part I, Part II, Part III, 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).

80 thoughts on “Annulment in the Philippines: Questions and Answers (Part 4)

  1. jlorbada

    I have been separated with my husbad for quite awhile
    and i just wanted to move forward with my life

    ive been thinking of filing for Legal Separation and Annulment
    whichever comes first. Is Marital Rape a valid Reason??

    Reply
  2. jem

    hi sir..i need your advice.i was married to a person not knowing he was married before.he abandoned us,we have a child who just turn 1 yr old last month.he never contacted us anymore..how will i going to go back to my maiden name..and can i file a case to him? thank you so much

    Reply
    1. Aspiring Lawyer

      Actually, your marriage (to him) will be declared as Void ab initio (Void from the beginning) and you can file a case on the grounds of fraud and file a petition for remedy . However, you have to prove to the competent court that you married him in good faith and that you have no knowledge that he is legally married to the former (Burden of proof) or otherwise you will be held liable.

  3. kawaii

    i have a problem about my friend he marriaed in pilipina and he want divore but phillipines not allowed divorce.in there case there are seperate homes becoz of some problem.pilipina girl always asking about money becoz he know, my friend is a japanese and some of them they think they are rich but she wrong sometimes my friend so pity..becoz no money to give but the girl always asking about bad words to him.
    always asking he go to jail if he not give her money.my frined live in phillipines becoz of some business…can i ask a question in this case,can we give a case the girl becoz of bad words and always asking a money to him ur can my friend divorce her but he have papers in japan..japan is legal to divore?

    Reply
  4. kawaii

    CAN MY FRIEND FILE CASE TO HER BEOCZ OF SOME BAD WORDS and always asking about money but the girl live with another guy?

    Reply
  5. tinaa25

    Atty,

    i had a boyfriend named Alex for 6yrs. We have a baby,she’s 5yrs.old now..2yrs. ago we broke up and he get married right away because of our misunderstanding not becoz he doesn’t love me anymore its becoz of something.We don’t have any communication for 2 years…Now,we talked,we both realized we love each other so much but his status right now is married.He wants to file annulment but he is OFW.His contract finish on MArch 2011.I’m here in U.S and i will be american citizen in 2011.I want to petition him as soon as I become american citizen.Atty,how long its gonna take and how much it cost to this process?Who can help him to file the annulment?His family and relatives don’t wanna help him.
    I hope you can help us!
    Thank you

    Reply
  6. argo8

    I am almost 15 years married, my husband since the start was really immature and irresponsible(he would have girls, hide his money from me, spend his money with his friends, would rather trust his parents and siblings than me) but because I want the marriage to last, I tried to bear and accept it all. But in the past five years, he has done things that I cannot already bear. (1) I felt humiliated every time I receive his court demands in my work place or if not court demands, people who have complains on him. (2) on times that he should be around to settle troubles he has done, he was nowhere to be found and left me settling it alone (3) would threaten to kill me and our daughter (4) has girls left and right and the last one – he got her pregnant which was known by his mother and siblings – they advised him to have the child aborted. I already felt tired of this. Are these reasons valid for an annulment of marriage? I would very much appreciate if you can give me advise.

    Thank you and more power.

    Reply
  7. jan

    Is dna test accepted in court as evidence of fraud? Making you believe that you are a father of a child, thus, providing everything the child needs and marrying the mother but later on found out that the blood type of the child is incompatible with both parents.
    Can two grounds of annulment fraud and psychological incapacitated be filed at the same time?
    Thank you so much.

    Reply
  8. gothika40

    hi atty.,

    i just want to ask if a judicial decree granted by the united states of america stating that my husband and his ex-wife have already restored their status as single a conclusive evidence that they are really single and can contract marriage here in the philippines. they got married here and subsequently the wife went to the states and got a judicial decree annulling their marriage here. will the issuance of that judicial decree enough already to conclude that he has already assume the single status?

    thanks so much for replying, attorney.
    i’m really confused.

    Reply
  9. badboy

    Hello,

    What a great site you have guys.

    Now to business, since a lot of us are asking regarding annulment, maybe you guys have some contacts that you can give us so that we can proceed to legal matters?

    Reply
  10. phoenix09

    Me and my ex are already separated for almost 6 years and both of us now have partners.
    She now working in abroad and planning to stay there for good. She also has a 1 yr old son from the other man and I have my 3 yr old from my future wife. My question is this is enough to be a ground an annulment so we can both marry our partners.

    Reply
    1. Nimfa

      Hi atty..
      Im nimfa im separated from 2007 until now 2017 i have twins.. i work in other country as ofw im the one who support my kids. Before i go other country i saw him with his other woman and i heard from his relatives he has already a baby to his woman. From 2007 until now 2017 never heard from my ex-husband even to visit my kids support them nothing. I live my kids to myy sisters and my brother in mindanao while im working in overseas..
      Atty. I want and advice if i can file an annulment to him because i have a bf about 1 yr and 7mons relationship and he ask me if we can get married. But the problem is im married before. Please atty. Im begging you what is the best things that i can do. Im welling to annul my marriage before.
      Looking forward your response to make me have peace of mind. And i would to ask how much it cost to annuled and where can i go have a lawyer can advice me and where i can filled annulment im welling..
      Atty thank you in advance. Im waiting your email.
      God bless..

  11. beh22

    hi gud day! me and my ex-husband got into civil wedding last 2004 and got separated 2 years after. he already have his mistress and a child right now. I’ve heard from a friend that our marriage will be null because we were separated for years. Is it true that our marriage will be automatically null without even going to court because we were already separated? Or is it true that civil wedding have an “expiration Date”? thank you so much!

    Reply
  12. joiee.oon0920

    Hi Atty,

    Would like to consult status of my fiancé. He got married in the Philippines, filed for annulment but wasn’t able to finish the process as he got his papers for Canada. He went to Canada in 2007 and will be citizen by 2010. He filed and got his divorce last year. We plan to get married by end of this year abroad but we also want to renew our vows through a church wedding in the Philippines. What are our options to get married in the Philippines? Would appreciate your advice. Thanks a lot!

    Reply
  13. mike5575

    Hi Atty,

    I was married this March. I am seeking ways to have the wedding nullified or annulled. I married my wife under the impression that she was pregnant during that time. I am now with a my partner that I have been with before my wife. After a few months after the wedding I became suspicious because she hasn’t been showing signs that she is pregnant. We are not living together and I am in Manila and she is in the province. She then informs me that she had an induced abortion. I then asked for medical records supporting that fact. My wife however is not able to produce any. We were under a verbal agreement that I would only marry her because she was pregnant. Also before the wedding, we also didn’t attend any seminars that are requirements before any civil wedding. I am looking for any technicalities that would put this annulment process well in my favor. Thanks.

    Reply
  14. rrj

    hi atty, i am married for more than 3 years, id like to tell a story of mine, before we get married were not planning to be legally married in church because of financial basis, were thinking of saving money because she is pregnant, but later on when our parents were meet for a plan for us.. the whole thing was turn-up for a marriage, and i was shock because when we start talking she turn-up and crying asking for marriage like here parents were asking to mine. my mother ask me if i really love my wife. i honestly tell my mom that i’m not sure about her, it so happened that she is pregnant, so i made a stupid decision thinking of my son to be legitimate. so the married thing had happened.. later on after the marriage we the both planned that we were staying in our house for more than 2months and also a plan when he gave birth to our son we need to be back to our own house because her mother wanted when she labor she should be in their town, so i don’t mind of what they plan, and later on she labor and my son baptized in their town as what here parent want, after the baptism we were strongly talk about a decision to move back in our house in our home town because my work is in our town. but later on the whole things turn into hell. i work 6 days in a week. all of my salary were send to my wife for the milk and diapers for my son and i was taking a mile just to see my son every Sunday,after a several months her parents were doing decision for us for my son. and later on i realized that staying with a woman that you’re not in loved is a difficult one and has a psycho incapacity mind. so i made a decision for my self i want to stand this marriage for my son. because my father came into a broken family. and time goes by the plan of moving to our own house were canceled because her parents decide that they don’t want to be away from their first grandson. my wife did nothing, and later on when i ask my wife over the phone if we could go on our house because there is a celebration, my sister celebrate her 18th birthday, my wife answer me “you know were your son live” and i cannot assure if were going. i just conclude atty. that many things and decision that he cannot stand with. please atty. help me with what to do first. i was only consulted a priest the about this matter and he is our parish chancellor. id like to ask how much and how long it would be take to be annulled… please atty. thank your very much….

    Reply
  15. macheche2

    Me and my ex are already separated for almost 7 or 8 years and both of us have partners.
    he now working in dubai .. he also has a 3 yr old son from another woman and I have my 2yr and 4 months old from my ex boyfriend and currently 8 months pregnant from my future husband, who is my current live in partner. Both my ex husband and I compromised to have an annulment and so he did filed one recently. My question is, he told me that someone is coming over to evaluate or question me . since I am pregnant right now, will i be on the loosing end on this annulment process? what’s going to happen if the one evaluating me see me like this? i mean pregnant as of the moment? i’m really confused.or is it ok to have everything rescheduled then after I gave birth?
    thank you for the time reading this and i do hope you’ll help me so as my mind to be enlightened.

    Reply
  16. edrielyn

    im edrielyn just wanna ask..me n my bf want to get married ky lng he still married gs2 sana yng ipaanual yung ksl nya.. 5yrs n clang d ngssma..we didnt know kung nsn n yung asw nya..what do you thing ang unang mgnda gwn nmin pr mgstrt n yung anualment process? preho kmi ngbbrko thats the reason bkt d nmin maayos yung anualment nya..

    Reply
  17. Sofia Loren

    Atty,

    I have been married for 5 years now. However, I am currently separated with my husband for almost 6 months already. I left his family’s house because of his infidelity (knew about him having 3 different mistresses during our marriage). I forgave him for the first and second since he asked for forgiveness and I decided to give him another chance for the sake of saving the marriage. However, the third one is the last straw already. Aside from his infidelity, he has hurt/abused me physically and verbally. I already had preliminary talks with my lawyer and he said I have a strong case. I have two police reports documenting his violence, text messages affirming his verbal and psychological abuse, plane tickets with him and her third mistresses flying out together, pictures of him and his mistress as well as phone bills indicating hours of calls to this third mistress. At the same time he is already going out with her in public. My friends and I have seen them together. Now the irony of this is he doesn’t want to have our marriage annulled. He still gets very possessive and jealous of me going out and having fun with my friends (both men and women), he follows us around and makes a scene – he does this even if he’s already out in the open with his mistress. It is taking its toll already in me. Now my lawyer said that infidelity is not a ground for marriage. But infidelity, physical violence, habitual alcoholism if taken as a whole could constitute psychological incapacity. By the way when we got married, our marriage license was obtained in less than the prescribed required time since our family had connections in obtaining it in rush. What are my chances in having my marriage annulled? Do you think my case is strong enough? I want to be single again and get my life back. Being married with him is just so unhealthy for me. Hoping to get your inputs on this. Thank you.

    Reply
  18. therrie

    I need help, i am married to a Singapore citizen, but we got separated 6 months after our first child was born, she was born in Singapore and holding a singapore passport, after 10 years of lost contact not supporting he suddenly appear and wanted to see his daughter, i let my daughter see him as my daughter wanted to meet her father for a week on a verbal aggreement. From Philippines, she then flew to singapore with my sister but my sister came back home alone…the same day i received a letter from a lawyer that my said husband is taking custody of our daughter. We got married here in Philippines, is there any way i can get a full custody of my child. She’s been in Singapore for a week now and i cant even talk to my daughter…please help.

    Reply
  19. Vincenzo

    Hello,
    First of all I apologize for my English mistakes!!
    My name is Vincent and I am writing from Italy. I am married with a civil ceremony held in the Philippines 23 years ago with a Filipina, now she has the Italian Citizenship. Our marriage is over 3 years ago with the betrayal by my wife. We tried to go forward for the good of the family (we have three adult children) but my love for her has died.
    In December 2009 during a vacation alone host of my relatives in the Philippines, I met a wonderful girl and we fell in love. I am back in Italy I talked with my wife and we decided to separate.
    My questions are these:

    1) My wife has the Italian Nationality and the Italian Passport. She don’t have a Philippine Passport. She keeps the same the Filipino Nationality or she was lost?

    2) If my wife has lost his Philippine nationality can I marry again in the Philippines with my new girlfriend to get a Italian visa?

    3) Once started the process in Italy for the separation by consent, pending the approval of separation by consent, can I go back to the Philippines to find my new girlfriend or I can be accused of being a concubine?

    Waiting for your response, thank you and greet cordially.

    Reply
  20. jessee

    Dear Atty.,

    I am an educator for 16 years, been separated for almost 8 years. Last year, I started living in with another man who is single. After a year of being together, he started asking about having a baby.

    QUESTION:
    Could you please enlighten me as to whether I could be fired by my institution should I get pregnant considering the fact that they know about my separation?

    I have not been seeing my ex-husband for several years and the last that I ‘ve known of him was that he now lives with another woman.

    Your suggestion could be of help to me in deciding whether to end my services with my school after this semester…

    Thank you very much for the enlightening answers.. God bless.

    Reply
  21. confusedwife

    Hi Atty,

    I am confused how do we go about this. My husband and I had a civil marriage in 2008. We had a marriage license and all the necessary requirements. We even have an NSO of our marriage contract i am currently pregnant with our first child. No someone is bothering me in a social networking site claiming that she is married to my husband in 2006 but they were not able to secure a marriage license with this wedding and they only used article 34 even though they haven’t live together for 5 years before the marriage happened. After the alleged marriage they never lived together as husband and wife. The woman sent a copy of her NSO marriage contract as well claiming that she’s a legal wife. But both of us are not aware that the man we marry had another marriage way back 1997. That make me my marriage and the second marriage null and void since it was a subsequent marriage. Since my husband and the first wife have not seen each other of more than 10 years the wife now requested for an annulment of her marriage and it is now on going. Now my husband plans to make our marriage legal once the court decree for annulment is granted from his first marriage. Does my husband still to fill a nullity of marriage to the second marriage? Please enlighten us what should we do. He never had children with his previous marriages. What if my husband re-marry me after the court has granted the annulment request would that marriage be still void? When infact his legal marriage was already dissolved?

    Reply
  22. cprs_rn

    hi everybody,

    i was married in the church in 1998 but got separated on 2001..my ex husband and i have been separated since..and on 2008 i filed for an annulment in the civil court, and just last januaray 2010 i got a court decision saying that my marriage was null and void..

    i have a boyfriend of 3 yrs and we were planning to get married in the country where we live(Ireland).

    my question is, will i be allowed to get married in the civil registry here in ireland or in the philippines even if my annulment did NOT came from the catholic church tribunal(remember i was married in the church)?

    please enlighten me on this,,i want to know what the philippine law says about my case..

    thanking you..

    Reply
  23. brosia

    my brother’s wife got married to a japanese national before they got married on sept 2005. this was stated at the cenomar my brother secured at nso. Based on your previous explanations Bigamous or polygamous marriages are one of the grounds for declaration of nullity of marriage. are there other documents that he needs to present before applying for nullity of marriage or the cenomar will suffice.

    Reply
  24. kitchie

    Hi Atty,

    My fiancé got married before, his marriage was declared null and void last March 2009. Since we want to get married this year, i asked for a copy of his Cenomar and marriage certificate from NSO for the documents needed for the church reservation. But upon receiving the documents, the nullification of his previous marriage hasn’t reflected on both documents yet. As per his lawyer, they have already forwarded the decision to the local civil registry were my fiance got married and to NS0 last year.
    My question is, how long does it take before the decision will reflect on his Cenomar and marriage certificate?
    I hope you can help us on this.
    Thank you.

    Reply
  25. Savannah

    Is it possible for a husband to file an annulment when he and his wife are still living together during the entire process but in separate rooms in the house?

    Reply
  26. kylemorr

    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?

    Reply
  27. 1heart

    Nag pakasal po ako noong 2002 dahil sa kagustuhan namin na maging apelyedo nya ang mga anak namin.Bago kami ikasal meron cyang gf.Kasal n kami gf nya p din ang babaeng yun.Napagod n ako s kakaantay n mag babago cya.Umalis ako s kanila 2003 iniwan ko ang 2 kong anak.Nag papadala ako ng pera pag may trabaho ako. Hindi ko pa din nalilipat ang mga apelyedo ng mga bata kasi nga umalis ako s kanila.Hindi ko n balak ilipat pa dahil nag aaral n cla gamit ang apelyedo ko.S ngayon meron n cyang ibang pamilya ay may anak n din cla. Gusto ko po ipawalang bisa ang kasal ko s kanya.Ano pong ground ang pwde kong gamitin?Kanino po ako lalapit?Nag tatanong po ako s mga kakilala ko pero sabi nila mahal daw po ang ganyan.Pero gusto ko po talagang maging maayos ang lahat n wala n talaga kaming ugnayan pa.

    Reply
  28. althea

    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…

    Reply
  29. scher

    i was married to a muslim turkish last 2008 at OMA QC hall under islamic rites. then we divorced the same year and the papers were processed at OMA also and was registered at NSO. now im planning to get married to a filipino in a civil ceremony. but when i got my cenomar, my marriage was still on the record. would this mean i am not legally divorced? im afraid the municipal civil registry will not accept the cenomar with the divorce papers and would not grant me a marriage license. please help me on how to get my first marriage null and void. Please help me… thank you.

    Reply
  30. Dadoy

    My wife & I were married for 15 years now. Just this year she confessed with me that she had had a first marriage in 1992 after 2 years we got married 1994. They don’t have children and not live together even my parents in-law did not know about that marriage (no parental consent) and the guy had also a new wife and children. Now with me we have 4 children already. We want to file am annulment for her first marriage. Please help us what to do? How long will it takes and the amount we’re going to spend (actually we don’t have enough money for this as we know what we have heard)? What about bigamy charge with my wife? Our plan is that after the annulment we’re going to re-marry again. Thank you sir.

    Reply
  31. palone

    Can forgery of witnesses signatures be a valid reason for nullity of marriage? During our wedding day only one out of four witness arrived and the judge’s staff told us to just forge the signatures of the other three witnesses my ex was pregnant that time so I decided to just get on with it so that the wedding could continue and I let her forge those signatures I was 22 years old back then and she was 20 years old.

    Thanks a lot and more power!

    Reply
  32. Huesofred

    Dear Atty.,

    I am so thankful that you have created this site. It will help a lot of souls who have questions, and are in the dark. Souls like me. I really hope you would be able to shed a light on me right now. I am so confused.

    My fiance (I don’t know if I should even call him that) is not technically single. He is a battered husband. Physically (sometimes, psychologically, and morally. She has humiliated him and his family, and even went all the way to physically hurting his mother. She has also been threatening to stab herself and the kids if he broke up with her. In some of her text messages to him, she would say that she wished one of the kids would just die for suffering from measles. She has no respect for him whatsoever, and well, there are the neighbors chismis about her having an affair right under his nose. But of course chismis is just chismis.It was based on this that he wanted out of the marriage.

    Both of us are OFWs and are in Singapore right now. Our relationship dates back several years ago from a different part of the world. So, to cut the story short, his wife has known about our relationship since. He has not pushed through with legalities from separating from her thinking that he can settle thing amicably.

    Recently, she surprisingly came to Singapore to look for a job and we have been receiving threats from her back and forth saying she will sue us or go the Philippine Embassy, or report us to the police if my fiance did not stay with her. She claims that she is still his legal wife after all. And since of course she is right, after a month, he stayed with her. Once again, he has told her that he is not interested to be with her as a husband, and that he will support the kids.

    Unfortunately for her, she was not able to find a job here, so she had to go back home. Amidst all of her threats, a few days after, she made a fake profile using his name on facebook, and she posted all of the pictures that she took of them together. She intentionally created it and intentionally requested to be connected to my account which I did not agree to. He then asked her to stop and asked her to deactivate the account, and asked for the password but she would not give it. Then she requested all of the names in Facebook who has my family name to be connected to her to humiliate me. Some more, she tagged my mother’s name on a picture of him and her together. Just this morning, her brother wrote me a message on Facebook humiliating me and his family, and telling me that they have saved my profile picture, and that they are waiting for the feedback from their attorney.

    In this regard, can I please ask you, am I in danger of being sued while I am abroad, or be deported if they do intend to sue me? Also, what case will they file against me? And what is my position now? Will it make a difference if we both converted to a different religion?

    Please do help me. And bless you for making creating this website.

    Reply
  33. ellehcim0927

    i have a bf and he’s separated for almost 3 years from his wife. His wife has already a family for almost 2 years now. my question is, can he file an annulment now and what is the particular ground for annulment with that case?

    Reply
  34. jenn

    hi,
    I have an issue regarding of my boyfriend’s status. We are both Filipinos working abroad. He is married since 1999 and it was a “shot gun wedding” although they were at the legal age, for a week he left to work abroad and since then they have no communications and have no children. Is there any possibilities that there married will be void? Because he wants to marry me and we want to have a baby soon. But I don’t want my child to be illegitimate. Can you give me some legal advice. Hope you reply. Thank you!

    Reply
  35. lovely

    Atty,

    We have been married since June 1991, when we got married..i don’t have any idea about diseases like diabetes..When my husband tried applying to other company, it was found out that he has high blood sugar..unknowingly..it was alright since we didn’t have any sexual problems then..but 6yrs, ago, when my husband was promoted and transferred to Manila, we were already having problems with his erectile dysfunction, that from then on.. we don’t have any sexual contact even up to this timeand it’s been more than 6yrs.now . My husband told me frankly, that because of his ED he is already letting me go and is not interested in the marriage anymore, but i did tried to hang on because i know it is my obligation and commitment to stand by him.. But from that time on, every time he comes home..i felt as if i have to beg him just to embrace and kiss me..He is already very cold emotionally even to the point that he does not tells me he loves anymore..I tried talking to him a lot of times already, sending him cards etc.. but it seems to no avail and now i am already tired of trying to hang on to this marriage because i am already emotionally drained.

    I am still young and i also want to feel how it is being fulfilled sexually and emotionally because i also have needs. Please can you help me how i can move on with my life and be free of this marriage?? I am a plain housewife since i stopped working when i had my second child and since my husband’s job entails a lot of traveling, i opted to be with the kids, though 5yrs. ago, my husband sent me to school to study nursing but at the moment i am still a volunter nurse.. I also want to be financially independent from him. Please give me your advise, Thank you

    Reply
  36. miss.filipina

    Good day,

    My husband filed annulment without my knowledge and when I checked NSO and now my marriage is annuled. Is this possible? WOuld it be possible that I will file a case against him? Please help

    Reply
  37. asim

    Dear Sir,

    I am in love with a Filipino girl who is married and have one kid. We both want to marry and she is going to be converted into Muslim.

    I want to know if she is Muslim here in Dubai.. can she file a case for annulment or divorce as she is no more Christan and on the ground of religion she cant stay with her husband, can she get annulment or divorce?

    How long it will take and what is the process? please reply.

    Reply
  38. asim

    Dear Sir,

    I am in love with a Filipino girl who is married and have one kid. We both want to marry and she is going to be converted into Muslim.

    I want to know if she is Muslim here in Dubai.. can she file a case for annulment or divorce as she is no more Christan and on the ground of religion she cant stay with her husband, can she get annulment or divorce?

    How long it will take and what is the process? please reply.

    Reply
  39. mymy1921

    hi1!

    Been married last 2006 and separated in 2008, my ex and i don’t have child…..but now he has a 1 yr old daughter and living with his partner…and i have a 2 yr old son from my ex boyfriend…. what would be the grounds for annulment so we could be free from our previous marriage….we haven’t see each other for almost 3 yrs now…..

    please help…

    Godbless!!!!

    Reply
  40. shygirl

    Hi po i got married in 1998 and just found out in 2007 that in my BC,i am illigitimate and my father was not registered as my father and only my mother has signed the acknowledgement. When I tried to take the LET exam, I was not allowed till i declared myself single bearing my mother’s surname. My father has been dead for years before the discovery, and I was not registered as his daughter in the church I allegedly baptized only my siblings.So I changed all my documents from married to single to be able to take the exam, in accordance to my BC and had passed. I am now seperated (not legal) for 2 and half years, can I file for nullity of marriage under the ground of mistaken identity? If ever, what are the steps? how much will it cost? Pls help me po. Thanks and God bless.

    Reply
  41. adele

    Hi Atty.
    Ask ko lang po kung pwede po ba akong magfile ng annulment sa mister ko dahil sa mga differences namin? Minsan ko na po syang nahuli sa text na may ibang babae bago kami ikasal, minsan na rin po nya akong sinuntok sa braso habang nasa ospital kami kasama ang bunso naming anak na kailangang operahan ng mga oras na yun. Hindi lang po pati sa text ko sya nahuhuling nakikipaglandian sa iba, kahit sa kaibigan ko din po ay sya mismo ang unang kumausap gamit ang social networking site (fb to be exact) pero an g kaibigan ko po na din ang umiwas dahil sa kilala sya. May dalawang anak po kami na ages: eldest 2 years old and youngest is 1 year old. Ano po ba ang pwede kong gawin? Naguguluhan din po kasi ako, nasa saudi po sya ngayon at nagtatrabaho pero hindi naman po nya kami pinapabayaan na padalhan ng sustento. Ang gusto ko lang pong malaman e kung ano ang dapat kong gawin, kung pwede na po ba akong magfile ng annulment o hindi pa. 1 year na po kaming kasal pero nagsama po muna kami nong manganak ako sa panganay. Sana po ay matulungan nyo ako. Thank you

    Reply
  42. mel34

    Hi Sir/Madam,
    I would like to ask an advice.I am a Pilipina Divorced with my x English husband a year ago.We was reported our marriage here in Philippine Embassy in London 6yrs ago.I found out when I checked out my status in NSO I still marriage to him.What if I found someone to get marry again in Phillipines my marriage with my x husband still void,or I need to annul our marriage?

    Thanks a lot. God bless

    Reply
  43. bjan

    i just want to know about the situation ive been through. last 2008 i had an affair to this woman considering not my gf,there was a time when she arrived from her hometown at dumaguete going back here to manila(May 2008) she called me up & then we meet up, something happened. aftwe few months she confessed she was pregnant & regarding to her OB-gyne her due date was february 2009 ( w/c is the exact date the last time we met) i was 21 y/o then, im so scared & chose not to tell my parents about it at that time. but her whole family knows it already. then one day her parents called me to go on their place here in manila where this woman lives temporarily. the time i got there, they hurriedly measured my ring finger with a nylon & told me that we will go to manila city hall to get married, i was shocked & absent-minded. cant do anything but to follow them (thinking about the child that she’s carrying w/c i know is mine) when we’re already at manila cityhall, the judge asked me if where were my parents, before i say anything, her parents answered “nasa abroad” & then her uncle voluntarily said that he’s my uncle & my guardian. her mother told me “tsaka na natin sabihin sa parents mo, wala na naman silang magagawa” (talking about the marriage that was happening). after that they came back to dumaguete & sent me a ticket to go there, November 2008 i went there, when her father & i had a man to man talk while we’re drinking some beer, her father said “buti balang pinanagutan mo yung anak ko, di tulad nung isa” & there they just abruptly send him inside the house. the day after that, her father said “wag mo na pansinin ung nasabi ko kagabi” (still i ignore it as if its not bigdeal anymore.after 3 days, i need to come back in manila because my grandma died.. & after that we didnt see each other & just planned that i will go there again on “our” child’s baptismal. and then, January 2009 she give birth. i asked her why is it a 1 month earlier before her due date computation of her OBgyne. she just said to me that that was the doctor says (without any complication, the baby is healthy or even not putting the baby through incubator) but i still dont have any doubts because i was brainwashed & didnt have any doubts about the baby. a month before the baptismal, i received an e-mail from her cousin. she confessed everything to me before she will go to K.S.A.. she said that she really feel guilty and pity to me of what happened. she said that her whole family knows the truth that child is not mine and the real father did not acknowledge it so i was the last choice. that when she went to manila she’s already a month pregnant. calculating the month early of giving birth, urgently wedding, her father’s slip of tongue. everything!knowing that the child is not mine & they just framed me up! now its about 3 years without communication, i saw her facebook account & just comparing the child to me telling everyone that im so irresponsible, then i messaged her & told her before she tell everyone about me being a “so-called father” to her child, give us some proof, i offered her to have DNA test for her daughter. but she refused to! she said “wag na guluhin buhay nila”. me & my partner cant have a peace of mind because of that. we need a proof because we cant move forward on our future lives. sorry of telling such a long story like this. but i really need someone who can give me an advice of what to do about this. Thanks u po..

    Reply
  44. boombastique

    i cannot see the answer to my question!
    or does questions here are being answered?

    atty. fred, i need you help.pls answer my first
    question! huhuhu :C

    Reply
  45. lostgirl

    Hi Atty,

    I have been separated from my husband for more than 5 year now. He does not send us any financial support. I wanna file for annulment and remarry. How long will it take? Does excessive gambling and no financial support ground for annulment? He does not have any work and never communicate with us. Can you suggest to me lawyers who will not charged high in their annulment processing here in Northern Mindanao. Also I want to drop him from my beneficiary in my Philhealth, SSS and other related documents that needs beneficiary. Can I use my maiden name in getting my passport now even though were not yet legally separated?Please i really need your advise. Thank you

    Reply
  46. jepoy

    Hi…in my case, im legally married but we lived separate place, no communication at all. is this legal separation? what can say about this case?

    Reply
  47. daph

    Hi, I just would like to ask if my marriage can be considered as null and void. I have been married for five years now, we got married last may 27, 2007, however, it was registered that our marriage happened on may 28, 2007 because the presiding judge wasn’t supposed to preside a marriage on may 27th. I would like to know if this is null and void because I also have problems with my married life and I want to end this marriage. Thank you.

    Reply
  48. shanon

    Hello.. I just want to asked if I still need to file for an annulment for a marriage that never took place, but produces a marriage contact that was recorded in NSO and authenticated in DFA and with red ribbon.

    This marriage contract was used when I have to give birth in Middle East. Since then (2006) I assume the status of married and change my passport and all my identifications.

    Also my boyfriend/husband assume the status of married and now we have 2 kids, but things didn’t go well and we need to part.

    what will happen to one who forge my signature in the marriage contract? Will she be in jeopardy?

    thanks

    Reply
  49. alex

    is there any chance that annulment be granted if the wife will not sign? are there any other ways on how to file annulment despite the wife not approving the annulment? thanks

    Reply
  50. unica

    Hi Atty.,

    i would like yo ask if there is a waiting time before remarrying after getting annulled?

    thanks alot…

    Reply
  51. tinto221

    Do you have any idea how many are waiting for “motion for reconsideration” in the Philippines ? Is the Catholic church in any way involved with the annulment process there ? Thanks

    Reply
  52. Rachel

    HI sir, my name is Rachel, and been separated for more than a year with my ex hubby, we got married 2003 and had or civil wedding at mayors office that time in our province, and we’ve been separated now for more than a year, someone told me my ex hubby has his own life now with someone,i just wanna ask, because im not using my ex hubby’s last name since then and havent use or checked on our marriage certificate at the NSO, and i just got married to an american a month ago here in Manila, will it be a big problem to me if soon i’ll file a visa in going to US?

    Reply
  53. berber

    My friend is married two to tree years ago and they have a one child but then they both that they are not for each other and the married was an accident because of the baby. after 9 months of being married they separate because of always have an argue every day and some physical and emotional mistreatment, now they both have a new relationship 3 years ago after the wedding and they wan to file an annulment is it possible?

    Reply
  54. ezekielle

    Dear Atty,
    Its a a good privilege to link here in your site. I already took a scan details regarding bigamy and concubinage.
    I wanted to file an annulment and i am looking for an attorney who can help me out.
    We got married last 2004 and i’ve got 1 daughter with him.It’s going 4 years of separation.He said to me that i can’t sue him for concubinage coz i gave him freedom to have an affair- i just intended to give him bec he kept on committing to do it- so i dont care anymore.He got an affair with his colleague and that was happened when i am in Saudi Arabia.I filed an affidavit last 2011 in religious affair in Saudi but i did not get any feedback.This previous months i’d got an information that both of them converted into muslim and took their marriage ceremony in Saudi too with the same colleague who destroyed our marriage.He is not very supportive to my daughter.He is just sending a small amount.I am also working abroad but no longer in Saudi(just an info i am the one who help him to go abroad and practice his profession but he cheated me in the end)and he said he will not take away my daughter so i must give her much support.I am just asking for legal rights and i wanted an annulment.

    Reply
  55. jean13

    gud morning.. i want to seek an advice with regards to my friends problem, where, he marry his wife,and abandon her after the marriage and he never see his wife for a quite long time, and he cant afford to consumate their marriage because their is a conflict between them that cant be resolved. was it possible for him to annul their marriage? is their any grounds?

    Reply
  56. sw8ayeen

    dear Atty.

    I’m separated for 9 years and my ex husband had already a wife now and the last time I saw him is 2005 and they already had a 6 months old baby boy. and now I don’t have any news from them.and if didn’t even give any support for my 2 children. just want to ask what to do to marry a foreigner? he will coming here next year to marry me but how can I marry him if I’m still married in court? . please advise and help me what to do sir..

    thank you and looking forward for your reply. God bless!

    Reply
  57. lhonsky

    Hi Atty,

    I ‘am a married man from batangas city. I got married last April 2008. After 2 years we got separated. This last Dec 2011 me my new gf was getting married. So i got married twice, i know the criminal case that can fined to me. But my question is, Is it possible that our marriage for my second wife could be legal? What i could i do sir?

    Pls help me. thanks

    Reply
  58. Aviand

    Dear Atty,

    I have been separated from my husband since 2000 and we have our own lives now. We have one daughter from that marriage.

    My ex-husband is living now with his new partner and have one son.

    I had been on a relationship also but separated now and got 3 sons from that.

    Now, I am planning to get married again but the problem is I don’t have any idea about this legal separation.

    I read many explanations from this topic but the thing is our case is very much complicated.

    Can you recommend what to do and give me some ideas on how to proceed on this?

    Thank you.

    Reply
  59. marco082786

    What is the best ground to start my annulment?”my story..
    When i start my day to work here in abroad our communication is become weak..because of im busy..but if i have time we are chatting but in a couple of minutes because she must priority to her sister until my free time is finish and went back to work…olweiz like that is happened..until year past..because of my salary is not enough thats why i cannot take a vacation in phil to visit them..but i will do my best to give them a financial support but my wife she demand for their allowance but out of my budget and my salary to give..until 3yrs past..i tel to my mama to visit my family and checked what was their situation..i hve doubt that time because my wife the past day,year she give me a limit of message limit of time..and not easy to call..and when mama is there my inlaw telling to my mama that my wife is she have a relationship to other guy..(bf)and when i know that ..i call my wife and we decide to brake up.and from the beginning she olweiz demanding a money even she knows my salary i almost send my salary to make my family happy,but in the last im the loser because of what she did.and most ol is their leaving in one room together his family sister including my son 6yrs old..now i plan to file
    case about annulment..to arrange my status and have a chance again to start a new family..plz i need ur help because as soon as possible i want to start file a case about annulmet…im still in abroad..thank you..

    Reply
  60. emmarjm

    hi sir, i just want to ask if our marriage is null and void? the solemnizing officer is not the mayor or the vice mayor but the HRMO head officer of our municipal..
    i want to file an annulment, ive been married for 1year and a half.. im not happy anymore, and we are not having sex for 10mos..

    Reply
  61. hazeldeluna

    Dear Atty,

    I was married when i was 19 years old last march 2004, and the marriage didn’t work we were already separated may 2006, and as of i dont have any contact from my previous husband but i know where is his province.

    As of now i had a live in partner and we are planning to marry but it is not possible,please let me know what are the possibilities i can do.

    I already check our marriage contract with NSO and it is recorded.

    Thank you and hoping to hear from your advise.

    Hazel

    Reply
  62. risel

    HI SIR I NEED YOU ADVICE. I WAS MARRIED TO A PERSON NOT KNOW HE WAS MERRIED BEFOR NOW IM APPLY TO ANNULMENT BUT DENIED

    Reply
  63. yel

    hi sir good day po.i need ur advise regarding the problem of my friend.He was married on 2004 and the reason is he was advise by her aunt to marry the girl for him to easily be petitioned if the girl can work abroad.Her parents did no agree because of that reason but still the marriage push thru.The girl helped him to be in service.But as the years gone by he realized he was noy happy anymore because of the behaviour of the girl and treatment for him.Everytime he would tell her that he want an annulment she would attempt suicide.These past few days they’re always quarreling to the extent the girl will attempt to suicide.The girl also said to him that she was sick and will not live long but she was just making story, sometimes she invented stories to make the guy not leave her.My friend is like battered husband because when they have an argument the girl cannot control herself and hit my friend physically. Can my friend file annulment with groubds of psychological incapacity because of her behaviour?or is there other grounds suitable for his case?Hope you can address my concern…Thank you so much in advance

    Reply
  64. desiree

    Hi po..
    ask ko lang po kung papaano ako makakapag file ng annulment na libre..wala po kase akong pera,pero gusto ko na pong maayos sa legal na paraan ang paghihiwalay naming mag-asawa..since 2003 at till po wala kami kontak ng asawa ko at may kinakasama na po sya at may anak na silang 9 yrs.old po ata.maaari nyo po ba akong matulungan? MARAMING MARAMING SALAMAT PO

    Reply
  65. josephine alcantara

    Hi sir,,kinasal po ako nung july 28,1997
    After 3 mons.nlman ko po n d nya true name ang ginamit nya skin but the same surname.nagkhiwalay po kmi ng 2007.
    Pwede po b me mag file ng annulment?thanks

    Reply
  66. joe

    Hello,
    I would like to ask question about filing a petition of annulment, Im currently living in QC, I have read an article about how long will the period of processing and completing annulment cases, it was mentioned that filing in QC will take 3-5 years while other location like Caloocan, Makati, Pasig, Mandaluyong will only take 2 years. Is it really true? If I want to file and process in the lesser period (i.e., Caloocan or Pasig) would that be fine? Please enlighten me.about this. Thank you and hoping for a favorable response.

    Thanks,
    Joe

    Reply
  67. angel

    Hi atty.

    Magtatanong Po sana ako about sa annulment. Married po ako last yr ng MAY. Civil wedding po sa resto po kame ikinasal ng pastor. Sa sitwasyon po kse nmen nung kinasal po kame ok po lahat. 21Yrs old sya at 22 yrs old nman ako. Yun nga lang ung pinirmahan nmen na marriage contract nung araw na kinasal kme E hindi yun ung tunay na MC parang wla ung pnka certificate kaya pumirma muna kame sa parang papel na ibang pangalan ng tao ang nkalagay para masabe lang na may pirmahan Sa kasal na nganap. 3days after po nmen ikasal bgla po kmeng nag away. Hindi ko po ngustuha ung ugali nya. Napaisip na po ako bgla na umayaw na hanggat di pa ko nkaka pirma sa marriage contract. Nung nkapag decide nko na hindi pumirma bglang nag bago ung nanay nya hindi ako knakausap kaya kinukulit sya ng asawa ko nun na papirmahin ako. Nahiya ako nun atty dhil sila may gastos ng lahat halos wla akong gnastos nung knasal kme. Nag salita pa yung nanay nya na pra daw kmeng nang gagago ng asawa ko dhil bglang hindi pipirma. So tumawag ako sa mama ko nun sbe ko ayoko ng pumirma sa MC at sumang ayon nman ung mama ko dhil ayaw nman tlga nya ko magpakasal. Pero ung hiya ko sa pamilya nya at sa mga taong pmnta ng kasal nmen, pumirma nlang ako. Dun sa MC nmen atty iba ung date ng marriage. Bnago. Dhil ggmitin ung MC para mag pasa ng application Sa visa. Tanong ko po atty. Kung mag file po ako ng annulment ano pong pwedeng kaso?

    Reply
  68. gladys

    good day atty.

    i got pregnant when i 19 and my husband is just 20 so may parents pays all the bills and provide us the things we need and they also ask for a marriage and both sides agreed. after i gave birth i continue my schooling after 3 yrs of marriage he decided to file an annulment. the reason is just he doesnt care for me anymore and want to focus on his career. im afraid he’s taking my 3 yrs old child away from me because im still a student and no job and hes planning take our child to usa with his parents petition. what should i do? whom should i talk to?

    thank you and godbless.

    Reply
  69. marylou

    Hi, i received a annulment decree 2010. I keep it here with me. My ex, remarried a year after. I assumed that he submitted his own copy in NSO? my question was if i need to turn my decree copy too in order to remarry? if so! what should i need to get or any requirement to remarry someone. i need your advice what should i do? love lulu

    Reply
  70. Jinhan

    My husband and I have been maeirrd for 21 years and kept seperate finances for most of this time. Out home is the only thing of dispute. It cost $255,00 in 2002. And was appraised for this same amount in 2003 when we refinanced. I have paid $126,000 and my husband $26,000 toward the principle. I would like to buy out his share. He thinks he should get 1/2 the appreciated value of the home and I think he should get 1/10th the appreciated value since this is what he has paid. I would of course assume the remainder of the mortgage. How would the courts see it. Plus, is there a way to find out the value of the property without paying for an appraisal.

    Reply
  71. kara

    my husband is having extra marital affairs and he is planning to file an annulment. we have 1 child and still live together but their affair is continuous.

    i do not want to end our marriage, on what ground can i oppose my husband’s petition if in case he’s going to file a case?

    Reply
  72. regie

    if she lie that she is pregnant at first but after that i found that she is not pregnant can i use this for grounds

    Reply
  73. randy

    Hi! Atty. good day! my wife had file a annulment case against me and a letter coming from the Physiological Assessment Services was sent on our house my questioned is, do I have to response to this letter or just ignore it?, we are not in good terms for almost two years and I do not have any objection regarding our separation because of so many reasons, I just want this case to be finished as soon as possible..hope you can give some advice on what to do in this case…thanks!

    Reply
  74. Jackie lou

    I need help.
    Im married with japanese i left him and filled annulment more 1 year ago. But still not yet finished. And now my ex husband is doing the follow up about how long will it takes . And also he doesn’t even support our son. I wanted to get the rights of my son. I need someone can help me.
    His father refused to support him yes i filled case against him but still no feedback yet from my lawyer. Thats why im asking another option or maybe someone here can help me and give me some advice for me to do the right things.

    Reply
  75. Marie

    I would like to ask and seek advice, My Sister just learned that her marriage was annulled way back 2008 without her knowledge and consent, her husband is working abroad and she knew about his mistress , however she kept it to herself for her children’s sake, After 10 years she just found out that shocking news, They have 4 kids however the last child was born 2010 which made her an illegitimate and the only person sign with the child’s BC was my sister. What can you advice in this matter? 1st about the annulled marriage without her knowledge and 2nd the acknowledgement of their last child.

    Reply
  76. heaven_7od

    hope someone would share information: 1) where shall i secure copy of the annulment papers of my previous marriage? 2) how much is the corresponding fee?
    thank you in advance.

    Reply
  77. Pingback: Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers | Philippine e-Legal Forum

  78. Jean

    My case in annulment was denied under psychological incapacity, can i still file another case as we only get to see that the solemnizing officer which is the mayor, married us in a place out of his jurisdiction?

    Reply

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