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.
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).
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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
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
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
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
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
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
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?
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.
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
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.