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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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?
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
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!
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.
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.
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.
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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?