Annulment in the Philippines: Questions and Answers (Part 3)

My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?

No. A marriage license is valid only for 120 days, and any marriage contracted after that period is null and void. A woman cannot use his putative “husband’s” surname in the absence of a valid marriage. [See: Grounds for Declaration of Nullity of Marriage]

Annulment, Divorce and Legal Separation Q&A 3

After a year of marriage, my spouse and I agreed that our marriage is getting nowhere, and that we should go find someone else. We prepared an agreement that we both want an annulment. Would this be of any help in the annulment process?

No. Agreement between the spouses is not a ground for annulment/declaration of nullity. On the contrary, as noted in a previous article, the Office of the Solicitor General (OSG) or the public prosecutor, as the case may be, is under legal obligation to make sure that there’s no collusion between the parties. In fact, the grounds for annulment or the annulment itself is one of the issues EXPRESSLY removed by law from the matters that could be settled or compromised.

Could I file a petition for annulment if my wife doesn’t agree?

Yes. The petition could still be filed, and the case could still continue, even if the other spouse (husband or wife) does not agree to, or even oppose, the petition. [See Procedure in Annulment of Marriage and Declaration of Nullity of Marriage]

What if I can’t find my spouse?

Under the rules, summons must be served on the other spouse. This is generally done by serving the summons, together with a copy of the petition, on the other spouse. However, in case the other spouse could not be found, resort could be made to service of summons by publication.

My wife (or husband) sent me a letter saying that “wala na akong pag-ibig,” “ginamit lang kita” or “let’s separate.” Are these sufficient grounds for annulment?

No. The law is always in favor of the validity of the marriage. A signed contract by the spouses that they agree to an annulment, as discussed above, is against the law, moral and public policy. Therefore, it is not valid.

My spouse, who is no longer a Filipino citizen, said that he/she will not object to end our marriage. Can I seek an annulment here in the Philippines or, if that’s not possible, a divorce in the United States or anywhere abroad?

Article 26 is clear that only the former Filipino (or the foreigner spouse) may seek a divorce abroad. In other words, even if a spouse is no longer a Filipino, the other spouse who is still a Filipino can’t validly seek a divorce. [See Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse]

I am a Filipino citizen, married to a foreigner. I discovered that my foreigner-spouse secured a divorce abroad and is now married to someone else. What should I do to be able to remarry? Is that unfair to the Filipino?

This definitely seems unfair to the Filipino spouse, as the foreigner spouse (or the spouse who is no longer a Filipino) could remarry after securing a divorce. The Filipino spouse, on the other hand, must get hold of the divorce decree and have it recognized in Philippine courts. Dura lex, sed lex. The law may be harsh, but it is the law. [See Process of Judicial Recognition of a Foreign Divorce Decree]

If my spouse is confined to a mental hospital for years now, can I use that as a ground for annulment?

Insanity is a ground for annulment, but it must be shown to be existent at the time of marriage (and, besides, it is subject to ratification by cohabitation). It could also be used to support the ground of psychological incapacity, but such must also be shown to be existent at the time of marriage and must appear to be incurable (among other requirements). Please note, however, that insanity is not synonymous with psychological incapacity.

How much will I spend for a petition for annulment or a petition for declaration of nullity? How long does it take?

These matters are discussed in a previous post. The amount of expenses depends on the grounds relied upon, as some grounds are relatively easier than the rest, like psychological incapacity. It also depends on the acceptance fee of the lawyer. The duration of the entire process also depends on a lot of things, e.g., the grounds relied upon, docket of the court, availability of the judge or the public prosecutor, postponements, etc. In other words, there’s really no fixed cost or duration.

I believe that my marriage is null and void because my spouse had a previous marriage. What should I do to remove my marriage file at the National Statistics Office (NSO)?

Nobody could simply “remove” any official record at the NSO, as this is a criminal offense. A petition for annulment or declaration of nullity must be filed in court and once a favorable decision is issued, the decree is registered with the pertinent civil registries and the NSO.

I’m separated from my wife for years now. I recently learned that she got pregnant by another man. Can this be used as a ground for annulment? Can I have custody over our child?

Infidelity is not a ground for annulment (please see the grounds for annulment in the previous post). At most, it could be a basis for legal separation or filing a case for adultery. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Please read the previous post on the primary criterion in granting custody.

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If you can’t find the answers here, please refer to Part I, Part II, Part IV, Part V, or other related posts. See also Summary on Recognition of Foreign Divorce Decree in the Philippines. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).

193 thoughts on “Annulment in the Philippines: Questions and Answers (Part 3)

  1. navigee

    I have a question that I would like to raise since it is related to the issue of annulment of marriage.

    In 1995 I had a “secret marriage” with my then girlfriend. She left for the States and after a year we separated since she married another guy in the States. I checked with the Civil Registrar and found out that our marriage was legal. So I filed an annulment case which was granted by the court in 1998.

    In 1998, before the final judgment of my annulment was granted,I re-married and me and my wife with our two kids are living together now for almost 10 years. But every so often, my wife will nag me that our marriage is void since it was done before the final judgement of my annulment case was granted.

    My questions are:
    1. What can I do to make our marriage legal if it is illegal or void since it was done before the annulment judgment was rendered?

    2. Do I need to marry her again and can we be granted marriage licenses if we want to marry again to make it legal?

    I would be very happy to here from you your views on this issue.

    Reply
  2. PierreONE

    Hi, I would like to ask if I could file an annulment due to the fact that I found out that my wife have cheated on me during the course of our marriage and up until I found out that she got pregnant from another man, also, I am filing the case due to her habitual lying and disclosing some truths when I asked her about her other relationships with different men before. We’ve been separated for more than seven years now and during our separation have no other means of communicating until lately.

    Reply
  3. Dexter_T

    Good day!

    I am writing in behalf of my mom who will be turning 60 years old soon. My dad recently asked my mom that he wanted their 33 years of marriage annulled. They have been separated for almost 6 years now but during those time would just meet up for some special events, like Christmas or the wedding of my sister.

    We have learned that he has been living with another woman and have a new child. The reason for their separation is for his constant gambling, lying and womanizing, in fact, he has sired a number of children during the course of the marriage. What I want to know is how can my mom at least get her dignity back by granting the annulment but would want my dad to face the consequence of his past and present actions?

    Also, I would like to know if its possible to sue my father for all the lapses that he failed to do for me and my siblings. He never gave us support and even got our insurances that my mom and him set up when we were still young..

    I hope that you can enlighten me with this very sad situation.

    Reply
  4. JOEL

    HI,I GO ABROAD BY THE YEAR 1997, HERE IN PARIS FRANCE AND THE FRENCH GOVERNMENT GRANTED ME TO HAVE A RESIDENT CARD SINCE 1998,BUT MY WIFE IS IN THE PHILIPPINES TOGETHER WITH MY 3 CHILDREN,THEY ARE NOW 7,10,12.I VISITED THEM YEARLY IN THEIR HOMES.BUT MY WIFE LEFT OUR FAMILY HOME SINCE 1998 WITHOUT MY KNOWLEDGED AND THEY GO AND STAY WITH HER PARENTS,I TRY AND ALWAYS ENCOURAGED HER TO GO BACK IN OUR FAMILY HOME DURING I VISITED THEM YEARLY BUT SHE DOESN’T WANT TO COME BACK TO ME ANYMORE WITHOUT ANY REASON,SHE JUST TELL ME THAT SHE RATHER LIKE TO STAY WITH HER MAMA, DESPITE OF ALL I JUST GAVE/SEND THEM MONEY FOR THE NEEDS OF MY THREE DAUGTHERS THROUGH BANKS AND SOMEONE.SOMEWHERE IN THE YEAR 2006,SHE JUST TOLD ME THAT SHE DOESN’T WANT ME ANYMORE AS HUSBAND BUT SHE CONTINUED TO ASK MONEY FOR THE SUPPORT OF MY 3 CHILDREN BUT SINCE THEN I STOP SENDING MONEY FOR THEM.RIGHT NOW THE PROBLEM IS,I GOT ANOTHER WOMAN HER IN PARIS AND WE GOT A 1YR OLD BOY WHICH IS MY WIFE IN THE PHILIPPINES KNOW ALREADY.COULD IT BE POSSIBLE TO FILE A ANNULMENT IN THE PHILIPPINES SO THAT I CAN MARRY MY WOMAN HERE IN PARI? AND CAN I FILE A PETITION FOR COSTUDY FOR MY 3 CHILDREN SO THAT I CAN GET MY DAUGTHERS HERE IN FRANCE? MY WIFE IS UNEMPLOYED,SHE IS A NURSE BUT SHE IS STUPID AND LAZY.SHE’S MAMA’S GIRL.THANK YOU FOR YOUR ADVICE.

    Reply
    1. pia

      If you become a naturalized citizen in Paris, check their divorce decree there. Divorce can be recognized in the Philippines but you have to file a case for it to render your marriage void with the Filipina wife.

      Also, support for your children can be legally demanded from you because they are your compulsary heir. YTechnically, if you want custody you have to prove to the court that your wife is incapacitated to take care of your children. The grounds you gave may not be allowed by the court as grounds to grant you custody. However, if they are above 7 years old, upon the nullity of marriage, they may choose who they want to go with.

  5. justin

    HI! I’M STILL DEVASTATED WITH MY LIFE AT THE MOMENT. ME AND MY HUSBAND ARE NEWLY SEPARATED.WE BOTH LIVE IN U.S. LAST YEAR, I FOUND LOADS OF RECEIPTS FROM A REMITTANCE CENTRE THAT MY HUSBAND WERE SENDING MONEY TO THE FAMILY OF THE GIRL AND THE GIRL AS WELL. MY HUSBAND ADMITTED ABOUT THE AFFAIR. THE MISTRESS IS NOW WORKING ABROAD AS A NURSE. IT’S ONLY THRU PHONECALLS AND CHATS ARE THE MEANS OF THEIR COMMUNICATION. WOULD IT BE POSSIBLE FOR ME TO SUE THE MISTRESS AND SEND HER BACK TO THE PHILIPPINES BECAUSE SHE CAUSE OUR MARRIAGE APART TO FEEL HER HOW HURTFULL DID SHE CAUSE ME. HOPE YOU CAN HELP ME.

    Reply
    1. Conor

      Get a f**king life of your own!
      Get this in your skull!
      He doesn’t want to be a part of your life anymore.
      Mooooovvvvve oooonnnnn!!!!@

  6. justin

    MY HUSBAND IS NOW PLANNING TO FILE AN ANNULMENT. BUT, I TOLD HIM THAT I AM NOT SIGNING ANY DIVORCE OR ANNULMENT PAPERS. WOULD IT BE POSSIBLE THAT OUR MARRIAGE WOULD STILL BE LEGAL SO HE CANNOT MARRY THE MISTRESS. PLEASE HELP, THANKS!

    Reply
    1. Diana

      My fiancee filed an annulment in his ex wife but his ex wife doesn’t attend the summon on the court and she didn’t sign for the paper.. If he take cenomar does it still appear that he is still married?

  7. justin

    BUT FIRST AND FOREMOST, PLEASE HELP ME WHAT CASE TO FILE FOR THE MISTRESS. I EMAILED THE MISTRESS, SHE DID NOT DENY THE AFFAIR BUT SHE SAID THAT IT WAS OVER BUT MY HUSBAND IS STILL CALLING HER.I HAVE EVIDENCES TO PRESENT LIKE, RECEIPTS IN A REMITTANCE CENTRE, PHONECALLS HISTORY AND EMAILS. SO, IS THERE A CASE TO FILE FOR THIS MISTRESS. THANKS.

    Reply
  8. anonymous

    hello, i just want to know if a man who filed an annulment of his marriage and it has been going on for six years in court (no decision of the court yet)can have a gilfriend without violating any law? and on the part of the prospect girlfriend, would she be into legal or moral liability if she is going to be a girlfriend of the man whose marriage is still on process of annulment?

    pls educate me, thanks

    Reply
  9. rosie

    hi i need help im a wheelchair bound pilipina that lives here in australia for more than 27 years. 2 years ago my bf works in sydney n he share accomodation with 2 pilipina contract workers visa. she works as a caregiver in sydney n i talked to her at that time n she already asked me if she can work with me as a carer n also ask me if i can find here a job here in northern territory. after that conversation i told my bf that i didn’t like the way she aproach me in the phone n deep inside me she’s a bad person. my bf also told me she asked him also if he can help his son to get a job where my bf works. time pass my bf moved out on that house n leave on that place n i had a peace of mind. all that time i trusted my bf 100percent as his very caring n devoted to me. every 3months he used to come n visits me n spends quality time but i noticed my bf drinking heavily n leading to deppression. it didn’t come up to mind but my gut feeling tells me that something is going on. one time he mentioned that woman’s name that he said she borrowed money from him. time passed i didnt asked if she ever paid him back. only this year january that i asked him if that woman ever paid him. n he asked how that name come out all of a sudden i just reply nothing it’s just come out from my mind. that time we discussed that i need a long holiday in philippines to be with my brothers n sister there in philippines. he said u’ll be in philippines by the end of january as im very deppressed that i live here by myself. he went back to sydney n we talked everyday then he suggested that if it’s ok to fly to philippines by march as he explained that the airfare it’s cheaper that way n also he can take me there soo i said ok. i started to get frustrated then one time he suggested to me that this woman will take me to philippines by april coz she’s going back there to attend her sons or daughter graduation as he told me that her kids is a validictorian. i was mad at my bf why on earth he wants me to travelled with this woman. he said ok i’ll take u there by myself. i didn’t sleep alnite thinking there’s more to it. the next day i confronted him in the phone n he just there being quiet n admitted that they had an affair he said. i demanded also to speak to the woman n he said she doesn’t want to talked to me in the phone soo i said if she doesn’t wants to talk to me in phone then id says i’ll be in the plane next day. he pledge me not to come to sydney as explaining that his already in trouble at work n he said he can’t pick me up in the airport soo i said i can organise that my friend in sydney will pick me up. asked her mobile number for awhile she’s answering but i keep saying to my bf that i make my flight booking. finally she answer the phone n i asked what’s going n she just casually answer that it just happened bcoz both of them got drunk. i asked what’s her intentions to my bf she said nothing just forget it it just happened once n im sorry she said. so i asked her if her husband knows what she did as usual she said yes n told me that her husband understand wayback in philippines as they both away each other. i can’t believed her the way she casually told me that just one fling. i told my bf that i will report her to immigration n bring this issue i keep telling my bf that i will fly to see her n sydney. he said his the one coming to darwin to see me instead soo that he can mowed the lawn he said. when he arrived late nite i went to bed while he was drinking himself to death. the next day he told me that him n this woman has been married more than a year n tried to explain to me that he did it for me. explaining that the woman will look after me as if im entirely useless. omg my world collasp. the woman just got back from philippines as spouse visa. how on earth n how she easily just file a divorced here in australia that infact she’s contract workers visa can someone explain this to me? n my bf told that they just got married so that she can get her citizenship n sponsor her kids once she’s pernament resident here in australia. i found out that her daughter was born 1966 soo she’s about 58 to 60 years old. i got the feeling she fake her age when she was applying to go abroad n i got the feeling she produce fake divorced papers too. as far as i know there’s no divorced in philippines. i know there’s annulment in certain ground n it’s very costly n takes time. i’m soo heartbroken, shocked n disbelief that kapwa ko pilipina will do this thing to me. not that only if i accept it they will come to darwin to live here with me as this house my bf bought this for me saying that we grow old in this house. pls help me is there anything i can do to send her back to philippines id like to deport n banned her for going overseas. very conniving woman who don’t care other’s feeling i don’t need this type of person in our society here in australia.. pls help here’s my email ad rosiechick@yahoo.com i’m waiting if someone can give me an advice. thanks n kind regards to all who read this.

    Reply
  10. bluebell

    Dear Sir,

    In the case of a filipina who marries a foreigner abroad, if the filipina files a petition for divorce abroad and is validly granted, what further steps must she take that would allow for the divorce to be recognized in the Philippines for purposes of re-marrying?

    Thank you and looking forward to your inputs.

    Reply
  11. Kakay

    atty,

    Pa quote lang po from navigee for i am in the same situation and would very much appreciate if the questions stated be given clarity. Best regards

    navigee
    “I have a question that I would like to raise since it is related to the issue of annulment of marriage.

    In 1995 I had a “secret marriage” with my then girlfriend. She left for the States and after a year we separated since she married another guy in the States. I checked with the Civil Registrar and found out that our marriage was legal. So I filed an annulment case which was granted by the court in 1998.

    In 1998, before the final judgment of my annulment was granted,I re-married and me and my wife with our two kids are living together now for almost 10 years. But every so often, my wife will nag me that our marriage is void since it was done before the final judgement of my annulment case was granted.

    My questions are:
    1. What can I do to make our marriage legal if it is illegal or void since it was done before the annulment judgment was rendered?

    2. Do I need to marry her again and can we be granted marriage licenses if we want to marry again to make it legal?

    I would be very happy to here from you your views on this issue”

    Reply
  12. dolce_vita

    My bestfriend is in a relationship with this guy whose wife left him and his kids for about seven years already. The guy wanted to file annulment for several years already and although the wife texted the guy several times that she wanted an annulment, she has never really showed up. The guy is having a difficult time looking for the wife so that they could already start working on the annulment process. What are the possible remedies to this? If ever they get to talk and decide to work on the annulment, what are the possible grounds?

    Reply
  13. centrina_vista

    hi atty.,
    i would like to seek some advice from you. i’m married for almost 2 years now and i would like to file for an annulment cause im not happy anymore with my husband and i have found someone who really makes me happy. here is the thing…when i got married at the age of 21 both of our consent was fake.what should i do?

    Reply
  14. justgotdivorced

    Dear Att. Fred,

    I was married to my foreign husband here in Manila, for 3 years, the marriage didn’t worked so we decided to just end it and get divorce. We didn’t had any child or properties, because he was barely in Manila to be with me, and i was busy with work and have been dealing with our incompatibility and other major issues that had me thinking if its worth migrating to the States to make the marriage work.

    To cut the story short, we finally had our divorce final last February 29 , 2008 in Oregon USA.

    My question is since he is a foreign husband and acquired divorce in his country, that means my divorce is legal here in the Philippines?
    As what i have read about divorce law here in the Philippines.

    “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

    I don’t have plans to re marry sometime soon, but what should be my next step after requiring that divorce?

    How can i go to the Philippine court to get my divorce recognized here in our country. A

    Should I go to the NSO or CENSUS and bring the divorce papers, so that they can do some legal paper work about my marriage certificate here with my ex husband?

    Im hoping you could answer my questions.

    Thank you so much for the help.

    Sincerely,
    K.A.

    Reply
  15. free2live_26

    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!

    Reply
  16. tricia_c

    i would like to know if a filipino couple married in the philippines, later both became us citizens and got divorced, is their marriage still valid under philippine laws? can they remarry in the philippines?

    Reply
  17. mvpmsp

    Hello atty.
    I am an American and my wife is from the Philippines. We have one child together. We married in a church in the Philippines back in 1997. I would like to annul our marriage. We live in the Middle East right now. Can I file for a divorce in the US and it be recognized in the Philippines or can I also file in the Middle East and it be recognized there. I have no intentions of remarrying and I am not sure whether my wife does or not. If that is not acceptable for a divorce elsewhere outside the Philippines, does either of us have to come to the Philippines to file for an annulment. Your suggestions would be greatly appreciated.

    Thank you

    Reply
  18. hir2help

    hi atty.
    MY friend got married to his ex-girlfriend because she said that she has cancer and had only a few years to live. despite of not being in love with her anymore, he consented after the woman agreed that their wedding will be just for “show” and the marriage will not be registered. they’re not living together since my friend told the girl that he did it only because of pity. after more than 3 months that the wedding had taken place, their marriage has not yet been registered. the girl is crazy in love with my friend and has begun threatening here that she will register their marriage. a lawyer said that no matter how delayed the marriage can still be registered. is that true? and what do u think can my friend do to ensure that the marriage is nullified?

    Reply
  19. ember447

    good day…before i ask my questions, let me first present the facts:
    – i was born in the philippines (in 1977, making me 31 now) but my mother [an american citizen] registered me in the US embassy as an american born abroad [officially, they call it a Consular Report of Birth Abroad of a Citizen of the USA]; this established my american citizenship.
    – my father was always filipino
    – i grew up in the philippines, as a filipino [i still have a valid philippine passport]; however, i never renounced my US citizenship
    – i am now residing in California, but i never renounced my filipino citizenship
    – i was legally married in 2000 (in the philippines; i was 23 and the wife was 21) to a filipina; the certificate indicated my nationality as Filipino.

    now with my questions:
    – can i file for a divorce here in California to have my marriage in the philippines ended? according to the family code (art.26, para.2), as the alien spouse, i must initiate the divorce, to be able to have it eventually processed and validated thru the philippine courts. my wife, with whom ive been separated 5 years already, and i have agreed that this process will not be contested.

    – i’m not really clear with the intricacies and implications of the dual citizenship law; will it have an effect on the validity of the original certificate, as it was stated there that i was filipino (which is and was true) but at the same time, i was american all along?

    thanks for bearing with me thru this rather long post. i truly appreciate it.

    Reply
  20. shyeshye

    atty

    I got married at 21 in 1977. My exhusband was 20 then but wrote in the marriage licence he was 23 yr old to appear as legal age for marriage then.

    Can it be used as ground for nullity of marriage?

    We were separated since 1996. I filed for annulment but there is no news yet and I am here abroad.

    Thanks for any advise.

    Reply
  21. g69g

    my foreigner husband and i got married under the muslim rites in Qatar. i never had our marriage registered at our embassy in Qatar so there are no records of it at the NSO. is our marriage legal? am i considered single? my husband a nd i are separated for 3 years now and i have plans of marrying again in the future…please enlighten me about questions. thank you.

    Reply
  22. felinoespeso

    sir,
    i was 18 yo when i got married with consent from my parents. my wife and i lived for almost 2 years together. but we ended up parting ways because of our differences and fights. we got married 2001 and parted mid 2002. we have a daughter, i go to her mother to see her from time to time. but my wife i rarely see and we dont know whats going on with our lives. i communicate with her rarely, once or twice a year just to ask about our daughter. is there any ground so i can file an annulment? and how much would i need roughly? because i want to remarry when the time comes.
    thanks mon

    Reply
  23. lei

    good day.

    i have a cousin, she got married 6 years ago, they lived together but less than a year her husband left her, where in she’s about to give birth to their baby, her husband is denying the baby. After that he never ever seen his husband. And some people telling her that, he has already a family of his own, but of course they cannot marry legally coz my cousin is the legal wife. what is the legal way for us to file a case to his husband? or is there any case also that can be file to his other woman?

    thank you very much! we are hoping that u can help us.. to get through with this.

    Reply
  24. coffeeaddict2k8

    Good day!

    Im married for almost two years now and we decided to be separated due to some personal reasons. Since Im currently employed, i would like to find out if a memorandum of agreement between married couple can be made so that if anything happens to me or to my husband, our sole dependent for all the benefits/claims we have from our employment ex. sss, philhealth will be my daughter with the guidance of my parents who are still living. Because im very much worried that if time comes that something bad happens to me (knock on the wood)he can get all the claims and can be used when he remarried that my daughter might get nothing at all and to the fact that i know that his family are the greedy ones that they even ask where my salary goes which is none of their business anymore.

    Reply
  25. wayt

    im married 2 years ago and she’s in the US right now. we’ve been together for 3 short weeks after our marrige then she decided to fly to the States to live with her parents. after 8 months of our marriage,she decided to file an annulment in the states. is it possible to file in the foreign land even (she) we got married in the Philippines? it is in the legal process? need your answer..thanks

    Reply
  26. jonalyn

    my friend was married last year june 23, 2007.But after few months of living together, they had an arguement which led to separation.The guy found a new girl and he’s living with her. By the time of trying to reconcile, the guy consistenly lied and denied of his relationships (girlfriends).My friend wanted to move on with her life and hopes to find her man in the future but she can’t finance the annulment case. The guy also wanted the annulment. Could he file the annulnment case instead? And if he wins the case, are there any damages that my friend (wife) will pay to her husband?

    Reply
  27. annestar83

    hi atty,

    i am now married for 4 years and have one child. lately i found out that my husband is already married a year before we got married.. he said they didn’t lived together, yet they have one child. he also added that he just get married with that woman because he was just forced to marry because the woman told him that she’s pregnant. he got married at the age of 28 and the woman at 26, yet both of their parents don’t know it.. i really love my husband so much and so he is to me. what can we do to nullify his previous marriage? The woman also told us that he wants to get an annulment of their marriage too. what are the legal actions that we should do? thank you for your reply on this matter.

    Reply
  28. Al

    Salams from the Middle East Atty. Fred,

    Thank you very much for having a much needed forum like this. I hope you can shed some light on my queries.

    I am a Muslim Filipino working here in the Middle east. I want to marry a woman who was previously a Christian but converted to Islam. She was also previously married. There are two points I want to raise.

    First, as you know in Islam, a Muslim woman cannot marry a non Muslim man. Now that she is already a Muslim filipino what would happen to the status of her previous marriage?

    Second, she has been separated from her previous husband for 5 years even before she converted to Islam. He hasn’t been supporting her and her three children but he doesn’t agree for the annulment of their marriage. She has tried several times to convince him to annul the marriage but he refused it while at the same time he is already living and cohabiting with another woman (or women).

    I thank you in advance.

    Mr. Al

    Reply
  29. tikboy

    Hi Atty Fred,

    I entered into marriage in 2001 and have two kids, ages 7 and 4. In 2004, my wife was hospitalized due to abortion. She was then diagnosed with ectopic preganancy which during that time, I knew what she did to the supposed to be 3rd child but i kept secret about it to my family. That’s the start of misunderstanding and irreconcilable differences between the two of us and I was not happy anymore after her hospitalization. In 2006, I left my family and decided to be separated. Could you please advise me on how i should be going through this to settle the issue and make the legalities (that is if i can file a legal separation or annulment) (whichever is as i am currently here in abroad?

    Thank you very much.

    Reply
  30. friends2663

    Atty,

    I need your comment on my predicament. I would like to get married and requested for a CENOMAR. However, results came back that I was married since 1993. The problem is, I have not gotten married at all. My previous girlfriend had a problem before when we were both in the middle east. In my kindness, I allowed her to use my name to secure a marriage certificate in manila thru her mom otherwise she will be jailed for getting pregnant out of marriage. Her mom used to work in the city hall. All along, i thought the certificate was a fake one. Is it possible that this marriage is valid? How can i have a marriage without any participation on my part? How can i sort this problem? Please help! I have not seen the ex girlfriend since 1996 and does not know where to find her.

    How soon can I have this re-validated? Thank you very much!

    Reply
  31. iansheng

    Dear Attorney,

    I need help. This is my story and I sincerely hope you would take the time to read it.

    My mother and father fell out of love back in 1992. Since then, my mother moved to the states as a TNT, she somehow got a divorce there and got married again to another Filipino with US citizenship, the same man who petitioned for her. It’s complicated, I know. But I’m just telling it how it is.

    My mother and father haven’t made any contact at all for the succeeding years.

    Meanwhile, during those 14 years, my father here in the Philippines has remained silent. He knew about my mother’s marriage but decided to do nothing out of respect. That’s the kind of man he is.

    14 years have past. My mother is on her way for a citizenship since the US gave her a chance. It is still being processed at the moment. My father met someone new and is interested in remarrying. He wanted to file for an annulment but is confused in what to do to obtain it.

    Is there any law that may help him with filing the annulment but at the same time won’t get my mother in trouble?

    Hoping for your time and patience,

    iansheng

    ian_sheng@yahoo.com

    Reply
  32. desperada

    Dear Atty. Fred,
    Greetings to you atty. and your staff!
    I was been looking for an answer for my questions so long and when i found your website i didn’t hesitate to register staright away and hoping that my questions will be answered.
    I am filipina and get married in Philippines last 2001 to a brittish man and that year i came here in england to live with him,for the first three months is alright but then all of his attitude came out, i went back home to Philippines last 2002 to give him chance to think and he promise me to change for our marriage but still the same situation he’s hooked with gamble habbits and sexual thru internet but because i was scared to have a failure marriage i still continue living with him until i get pregant and give birth our daughter, i am hoping then that everything will be better but it didn’t work still same issue’s occured.Until last jan.1,2006 i caught him naked and chatting to a girl in the internet i asked him what he’s doin and he went ballistic and physically hurt me,and our neighbour phoned the police and arrested him,he was discharged after 12hrs in the prison because i didn’t file he case for domestic violent and his family told me not to be careful because i might not see my daughter afterwards because social service will take her which i found out that what they said is just a bluff. I was in pain for 4 wks but didn’t go to the doctor my exhusband won’t let me he only agre that i can only have my check up if i wont tell to the doctor the cause of those pain i had so as a gud wife i did like what he said,then i asked him to go to marriage counselling with me and after a moths he agreed so we did go and after our sessions he went back again to his habbits i even found out that his sending packages to two filipina in japan and philippines and he still don’t admit until i showed him all the postal receipt i found,from that then i decided to moved on with my life.
    Last August 2007 we finally get separated and until now he hasn’t send me the divorce petition as what we’ve agreed.
    We had a 4 years old daughter and he hasn’t give any fnancial support ,can i take off his name for the child custody? And if he don’t file the divorce and i am the one to file them is it gonna be accepted in philippines? If yes what will be the process? And if not how can i file the annulment in philippines while i am here in england? and how long it take? what ground? and if he don’t appear in the court in Philippines during annulment proceedings is it automatic that our marriage will be annuled?
    Thank you in advance and i am hoping to receive an answer that i am been seeking for a long tme.

    Respectfully yours,
    Ms. Desperada

    Reply
  33. anton0602

    Good day!!!

    I have a question regarding my annulment case. I filed an annulment last year and was denied 2 months ago because of lack of evidence to prove that my wife is psycholigically incapacitated. My question is that if she did not attend all hearings and did not contest whatever I filed against her, should it be enough evidence that for her absence, all that I told the court is true??? Is her absence also signifies admission of everything??? I filed a motion for reconsideration last month and still waiting for the decision.

    Hope to hear from you soon.

    Thanks and Regards

    Reply
  34. pamela

    Dear Atty Fred,

    I filed a petition for annulment and my lawyer told me that the a favorable deicsion was granted and that late june 2008. im still waiting for the final decree to be sent to me (im an ofw) he told that he will send it but that was over a month ago and ive been following it up and he wont reply to my text messages or ignore my phone calls. my question is how long will it take for the decree to be issued or released? does it take time to go through nso? waiting for the decree is frustrating and upsetting. i really have to change my status and name soon to save me from doing so much paper work over here, now that im going to do my masters and the uk has introduced the national id. im hoping that i have changed my name and status before next month.

    Your response is highly appreciated.

    Regards,
    Pamela

    Reply
  35. nomos

    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.

    Reply
  36. pokwang

    to all of you folks who might be interested in this article. i came across on this on the web. its kind of very interesting.

    SO YOU WANT AN ANNULMENT? Of course you do! Thanks to him you’re physically, emotionally and mentally abused. You’re tired of working your butt off, earning a living to put food on the table while he goes squandering his paycheck on booze and cheap women. Enough is enough, right? So you pack your bags, your kid, even your cat and left. But still, if he had gone after you, you would have given him a second chance. After all, there is no divorce in the Philippines and you’re married to the pig! But did he go running after you? Hell, no! Instead he celebrated his newfound freedom. No more wifey to ask him where he’s been when he’s supposed to be looking for a job. Why would he care if you leave? There’s still his mom to care for him and as for sex he can get that anywhere.

    Yep…that’s my fairy tale. No living happily ever after.

    It didn’t take long for me to realize that I made a grave mistake of marrying my ex-husband we’ll call under the pseudonym, Manoy. After the separation, I vowed never to trust another man again. If men can use women for pleasure, why can’t women, right? But I wasn’t ready to be a slut. What’s the next best thing? ON-LINE DATING. At least in the chatroom, these men don’t have any other choice but to talk. Plus, I can be anybody I want to be on the internet. Ahhhh…..the power of the internet is in my hands. Dating has never been so much fun!

    I should be thankful Manoy didn’t try to get me back after I left him. If he had, I wouldn’t have met the man who will restore all my faith in the opposite sex. Eventually, I met my fiancé, on-line, in one of the penpal websites. We will call my “My Teddy” J He swept me away with his intelligent words, honesty and sincerity. Plus he wanted to meet me. He was willing to travel halfway around the world, where foreigners are being kidnapped by the Abu Sayyaf to meet me. Now…that, is something.

    We fell in love and pretty soon we knew that we wanted to be together. One problem. Although I’ve been living as a single mother for two years when we met, I am still legally married to Manoy. No way My Teddy is going to live here in the Philippines. He can’t get a job here, he won’t survive the weather and most important of all, he has an 8-year-old son he will miss terribly. The only solution is for me and my son to join him in the UK. Here is where the annulment comes in. So many have offered advise on how to get me to the UK. To go to the UK as a tourist and then divorce Manoy there is the most popular. Apparently, it would be easier to go there as a tourist and then disappear than to actually file for an annulment. But My Teddy won’t have that. We both want everything to be legal and I definitely will not leave without my son. My Teddy is willing to pay whatever it cost to get me an annulment but first, he has to go back to the UK.

    So off I went to see a lawyer and I have good-naturedly enumerated his advice for all you people still reading this :

    1/ GROUNDS – PSYCHOLOGICALLY INCAPACITATED

    This is the ONLY one that works. I won’t bother explaining why. If one of you is loony then it’s unfair for the other one to be in the marriage. But there’s a catch to it. It has to be proven that the lunacy had been there even before the marriage.

    2/ IT HAS TO BE UNCONTESTED

    The reason why annulments drag on is that one party will file a counter affidavit. Because the Philippine Family Code’s mission is to “preserve the Filipino family”, a counter affidavit is seen as an indication that the marriage can still be saved. This also means, I had to go see Manoy to convince him that an annulment is best for us, more for him, because he already has a girlfriend. At that time, he doesn’t know I have My Teddy. He’s got to gain more from it to make him agree. More than anything else, he’s going to get an annulment absolutely free. I agreed to cover all expense. Because I know that he will never admit that he is the cause of the break-up and that he will never agree to be the loony party, I had to be the respondent to the case and because I’m the respondent, I can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counter-affidavit, right?

    3/ PROOF THAT THERE WAS NO COLLUSION

    The court will want to know that the annulment is not scripted. That is why it is important that the respondent never show his or her (in my case, my face) in court. They don’t want to make it too obvious that they were not really following proper court procedure. Later on I will tell you that this is all bs!

    4/ MONEY TALKS….BIG TIME

    One year after we took the first three items into consideration, and the case was still sitting at someone’s desk gathering dust. My lawyer, upon my instructions, “secretly” talked to the court clerk and asked him exactly how much it is going to take to get the annulment over and done with. Take note : the court clerk acts as the spokesperson for the judge and everybody else involved in that case. That way, if someone decides to squeal on them, the top guys don’t get into trouble. It was at this point that my lawyer was given a figure, 100 thousand pesos to get it final by December. It was October that time.

    The 100 Thousand pesos will pay for the judge, solicitor general and initial investigator, everybody involved in the case. This will say that there was no collusion and that there are no objections to the annulment. So didn’t I tell you this was all bs?

    5/ GAMBLE

    Now, I’ve never gambled in my life. I was ready to back out. I was sure it was a scam. It will all be under the table. That means no receipts involved. It’s not my money I’m spending here, it’s My Teddy’s, his hard-earned money and he is not exactly rich, you know. But he said go for it. If it’s a scam then we lost a big amount of money and then we will have to think of another way to get you to the UK but if they turn out to be true to their word, then we won’t have any more problems. That’s when I know he really loves me.

    The court finally pulled through and delivered their end of the bargain. My annulment case was over just one month after the pay-off. I should have thought about offering the grease money much much earlier! All in all, we spent P175 thousand for the annulment. Now, because of my annulment, my lawyer and the court are the best of buddies. My lawyer can give anybody an annulment in just one month for Two hundred fifty thousand pesos (P250,000.00). That’s right! It’s now as easy as buying aspirin at the drugstore.

    So where am I now?

    I am now in the process of waiting for my son’s and my UK visa. Two years ago when my fiancé and I started to live together, he took the time to register himself at the British Embassy and myself as the person responsible for him while he’s here. He took the time to know the people who might help things easier for me for when the time comes for me to file my application. He went back to the UK and did everything required to show that he has the means to take care of both my son and I and that means a proper home, a well-paying stable job and a fat bank account. He sent me letters every month, which I kept safe and he did the same for all his phone bills. He calls me every week. In the two years he’s been in the UK, he’s come to visit me four times, three weeks each time, not counting the 4-months he stayed here with me hoping we could wait out the annulment together. Our two-year relationship is well document and there is no reason to doubt that we are for real.

    I’m now hoping we don’t encounter any more problems. We have gone through a lot. We’re in love and just want to be together. I hope that if I write another article it will be about my life as wife of my nice Brit guy in the UK. So….wish me luck and I’ll keep you posted.

    Reply
  37. chaine

    hi atty fred,

    It has been 6 yrs that i was technically separated from my husband in the philippines, and i am planning to file for annulment to have it legal. I dont have any idea on where to start,i havent consulted a lawyer yet to hear my case.Can you give me some opinions and advice of what to do?

    Reply
  38. tabs

    hi atty,

    My husband and I were married secretly. The officiating lawyer (?) suggested that i changed my address because the marriage license he has during that time was acquired in Las Pinas. Since it was a secret marriage, i never sought parental advice from my parents.

    Would a falsified signature of my mother (parental advice) and falsified address be sufficient to file a declaration of nullity of marriage?

    Reply
  39. Mir

    Is my final divorce decree in USA and certificate of finality order of my recognition of divorce in Philippines be accepted as evidence in US Embassy for fiancee visa Application interview?or do i need to get an annotation of my marriage certificate from NSO?

    Reply
  40. baby

    dear Atty Fred,

    hi good day! I have a guy friend who got a girl pregnant last 4 yrs ago. He doesnt want to marry that girl but d girl’s parents force d guy to marry their daughter. Both the mother of d girl and d guy made a decision to have a so called “civil wedding” but they both have an agreement prior to the so called wedding that the papers will not be forwarded to any legal office/department that will make the marriage legal. In short it is just a “show” bcoz the father of the girl insist the parents of d guy to marry his daughter. After 2 yrs my guy friend check his status at d NSO and discovered that he is legaly married to dis girl.
    Now d family of d guy wants to file an annulment bcoz they were deceived by the mother of the girl and the girl as well about the legality of their so called wedding. The guy was not aware that their so called “civil wedding” was legal bcoz the mother of d girl and d girl also submitted their papers to be legalized. Also the girl got pregnant again after giving birth to their child after 1 yr and the worst part is the girl also deceive my guy friend that he is d father but d truth is the girl got pregnant with another guy. She only told d guy that he is not the father after d 2nd child is about 1 yr old.
    I knw itz quite complicated but pls advise what is the best way to file an annulment. I knw their are several grounds to file an annulment and i knw that my guy frnd has a valid rison to file an annulment to d girl. I will wait for yr reply sir.thnks

    Reply
  41. allison

    hi,i caught my husband last year having an affair with his co-worker we had an argument and he told me that he’s confused,i was pregnant that time,after are argument i gave premature birth to my son because of the incident,i was still in the hospital i asked him that we can still work things out but he refused,i still stayed for 3months in our house because my in laws asked us to try,yet my husband still cold to me and even go home drunk,after christening of my son me,my husband and our parents talk,my husband just told us that he is the one who has problem and he is not happy anymore,when he was asked by his mother why he was not happy,he just replied,”eh di na ako masaya,kailangan ba may reason pa!”…i was shocked by his reasoning so as our parents,he wants me to go and leave him,i took my son and now i’m leaving with my parents,up to now his not doing anything to work things out,he doesen’t even visit our son,according to his parents when they visited my son,my husband move out in our house..will this be enough ground for annulment?

    Reply
  42. lady25

    Dear Atty Fred,

    Good day! I am hoping that you can help me with my case.

    I am separated for more than a year now but not legally. as far as i know, he is currently living with another woman since last year. i wanted to file for an annulment but i dont know what would be the grounds. My ex-husband and i secured a marriage license last October 2004. the date of our wedding was October 10, 2004 but the solemnizing officer did not appear on the said date. Meaning no marriage ceremony was ever celebrated. The ninongs and ninangs including me and my ex-husband just signed the paper. When i gave birth to our son last march 2004, the civil registrar asked for our marriage contract. Since the municipal mayor is a “kumpadre” of my Uncle, the contract was signed by the said mayor last March 4, 2004. Is our marriage could be null and void? since “A marriage license is valid only for 120 days, and any marriage contracted after that period is null and void.”

    I am really eager to have our marriage annulled. i have a boyfriend right now and he wanted to get a fiance visa for me to get to the US. Please help me out.

    Thank you so much and more power to you!

    Reply
  43. akeya22

    Hi Atty.,

    I am married for 4 years now and I’m also now separated from my husband because of problems in our relationship.. First I wanted to file annulment but I still don’t have a decent budget. So I just read the family code and I found out that we needed a marriage license during the wedding. I really don’t remember that we have a marriage license. Am I right that no legal wedding should have taken place without the license? The wedding just took place. My husband to be at that time and I didnt get a marriage license. Is it posible that during the wedding is the time that we had secured a license? My mom told me that maybe we signed something during the wedding itself. Am I also correct that the marriage license will be issued days later then that’s the only time (during 120 days) where we can be wed legally?
    If my marriage is null and void, can I change the surname of my youngest child that has been given his surname but not biologically his?

    Reply
  44. jhaja

    Atty. I’m new on this site and this is my first time to post a comment. I’m just curious as to the different grounds to annul marriage here in our country. Are the grounds mentioned in civil code exclusive, i mean if the reason does not fall within the grounds, will the annulment case prosper?

    Here is the case. My friends wife had committed adultery and my friend filed annulment case against his wife. However his wife was nowhere to be found and according to the laywer that he consulted, the case will not prosper for adultery does not fall on the grounds mentioned in the civil code.

    Can you please enlighten me on this matter. And if ever, what remedy can we avail? Thanks in advance and God Bless you always.

    Reply
  45. lady25

    atty. good day po! this is to correct my previously posted query. i am gonna repost it. sorry for the confusion.

    Dear Atty Fred,

    Good day! I am hoping that you can help me with my case.

    I am separated for more than a year now but not legally. as far as i know, he is currently living with another woman since last year. i wanted to file for an annulment but i dont know what would be the grounds. My ex-husband and i secured a marriage license last October 2003. the date of our wedding was October 10, 2003 but the solemnizing officer did not appear on the said date. Meaning no marriage ceremony was ever celebrated. The ninongs and ninangs including me and my ex-husband just signed the paper. When i gave birth to our son last march 2004, the civil registrar asked for our marriage contract. Since the municipal mayor is a “kumpadre” of my Uncle, the contract was signed by the said mayor last March 4, 2004. Is our marriage could be null and void? since “A marriage license is valid only for 120 days, and any marriage contracted after that period is null and void.”

    I am really eager to have our marriage annulled. i have a boyfriend right now and he wanted to get a fiance visa for me to get to the US. Please help me out.

    Thank you so much and more power to you!

    Reply
  46. xyz

    good day… i’m married to american.. we dont have kid.. my husband he just stay here in Phils for 2 months or less… we married least than a year. i was tempted to a filipino guy,, we have relationship.. i let the guy stay inside my house while my husband is not here in Phils. and when my husband arrived here and he heard rumors to the people that i have other guy.. after that i admit it to him. after he told me that he needs space. he sent all my things to my parents house while i’m in Hongkong to seek for a job.. with consent of my husband..after months of staying here in my parents house i was inforemed my a concerned person that my husband has filed already the case to his lawyer as adultery..
    without my knowledge my husband push through the case which is already published in newspaper.
    regarding my conjugal property can i claim as a wife?
    thank you … hoping for your positive reply…

    Reply
  47. bruhildda

    I was young, naive and stupid. When i was 23 I was convinced by a “good” friend to marry her 21-yr old younger brother so that he will be able to obtain HK permanent residency. I stupidly agreed on this arrangement as I genuinely wanted to help a friend. In essence it was a “commercial marriage” but without the “payment part” as I didnt ask for a single penny and didnt thought about the consequences that it entails. It was year 2003 when we got married in HK but my “husband” actually didnt stay in HK as he was still studying in Philippines.
    I have filed for divorce and it was granted and then married my now-husband in May2006 and we now have a son born in Oct2007. Few weeks ago I had a miscarriage and lost our 22week old baby. Afer this devastating experience, we decided that we want our marriage to be blessed and recognized by the church.
    We know we couldnt as divorce is not recognized in Philippines and I have looked into grounds for annulment but we do not fall into any of it. Is there any way to solve this predicament…our son is considered illegitimate 🙁

    Reply
  48. eianroyein

    Atty.,

    I am now separated for 6 yrs. and don’t have any communication with my husband. We have 3 kids and i didn’t get any financial support from him. Hindi ko alam at wala kaming balita tungkol sa kanya. I am not interested getting a support from him. All i want is to make our marriage not valid for me to be able to move on. What is the best thing i can do with this. Can you please help me? Just to give you some heads up…My husband is a Seaman, nung mag try ako kumuha ng record nya sa POEA ang tanging nakuha ko lang ay ang luma nyang contract…nagtataka ako paano nangyari yun kase as what i’ve heard until now ay sumasakay pa rin sya sa barko under C.F. Sharp Company. Pd rin po ba ako mag file ng petition for the Presumptive Death?

    Restfectfully,
    eianroyein

    Reply
  49. N95SEV3i

    Hi! i found grounds pertaining to annulment that says: physical abuse, concealment of habitual alcoholism, habitual lying, irreconcilable indifferences, sexual infidelity, emotional immaturity, physical abuse. Sexual infidelity – i am not sure, but my kids told me that his new gf spent the weekends with them in my in-laws’ house with my kids!!! I have been beaten up 2x, first one was there was an attempt to kill me, second one was just a punch in the head. Lots of witnesses on both cases. I have records in the barangay, for i reported him. We have been separated since 2006, and I would like to know if these grounds are valid. Thanks!

    Reply
  50. paranoid girl

    hello, I have a question.. How will I know if my attorney is a valid one? I do have his license number. Is there a website available to check if its valid?

    Thank You.

    Reply
  51. ktel63

    hi sir! i would like to ask.i have a boyfriend for two years.we were happy together and i have introduced him to my family and planning to get married.he joined me in manila for almost a month and went back to our province bacause his dad had a stroke.i followed him since i want to know the condition of the father and found out that he was a married man.to make the story short despite and inspite of everything i still accepted him when he pleaded that he still loves me and want me back and want to pursue our plan to get married but the prob is,he was formerly married.
    he claims he was unhappy,the girl til now doesnt concieve a child and during the time of marriage parang wala sya sa sarili na magpakasal cause ayaw nya kaya lang nahihiya na sya sa parent ng girl who processed everything para sa kanilang kasal.he is unhappy and wants to be separated or file annulment sa wife nya so that we can get married.what would be the grounds for annulment ang pwede nyang maifile?and his being jobless ba for quite sometime is also a ground?they only see each other 3/ a week and ayaw na nyang umuwi sa girl but pinipilit lang sya.the girl said kahit di sila magpansinan basta umuwi lang sya.pano po sya maka file annulment?whats the posibility that that will be granted?
    and if ever magsama kami,and the wife will file adultery/ concubinage,pwede bang grounds for annulment yon but walang makukulong kahit sino?
    pls,pls help us…thank you

    Reply
  52. ktel63

    will i be able to see the answers to the questions of those who post their comments as well? cause i have friends that are in the same situations..marami pong questions dito na interesting and id like to know din po ang answers..thank you

    Reply
  53. jzone_dude

    Atty Fred,

    Hello atty, i need your leagal assistance Ive been married for eight years and i have four children with her. Now im already here in Saudi. I want to file for annullment of marriage. Can you give some basis for my annulment. My wife has a very bad temper, she always making decision to the family, she will not listen to me. She always say bad things to me especially in front of our children, like for example when she angry, she spoke to my children that they will find another father to them. She always make verbally abuse to me. That im not a good husband, im not a good father and not a good provider to them. For eight years ive been patience to her, thinking that she will change soon and especially for the benefit of our children but enough is enough i cannot take it anymore. So i tell her i want a separation or annulment. When i told her that she burst again like a bomb. I cannot bear again the difficulty of living with her. My second question is, it is posible that if i file an annulment and not appear to the court bcoz im here in saudi working. Do you think it will proceed? Hoping for your helpful response to my problem. Thanks and regards.

    Reply
  54. cholee

    good day!

    i just want to ask about the legality and validity of my marriage..

    my “husband” and i had a civil marriage solemnized by our city mayor.. however, our marriage contract was not registered.. is my marriage considered valid?

    Reply
  55. barbie08

    hi Atty.

    i was married last october, 2008 and that time i was 5 months pregnant. and after the wedding i lived with him, in the time that i was pregnant i am still working i am government employee. and my husband do not have work but he promise my parents to seek for work. and the time that we are living he always drank whenever i came home and i felt i was tortured emotionally bcoz parang sa ginagawa nya parang sinisisi nya kung bakit nagasawa sya. so, hinayaan ko nalang po kase it is not good for a pregnant woman na sumama ang loob so i kept quiet. aside to that he has no work but still he always go home drank so ill just cry. then when i give birth to my son ni isang kusing po wala po syang ginastos even to the baby. all the expenses are from my parents from the check-ups when i was pregnant, up to the time i was gave birth up to now. he abandoned me, he never gave anything for his son. then last june my son admitted at the hospital and confined for 2 days, he threatened me and my parents that he will get my son, many threats.

    i am asking atty what should i do? ayoko na pong makisama sa kanya. this time i am living with my parents together with my son. at his age 29, 7 years older than me. i think he will never change anymore. i just want to get out of the marriage. please advice me for what legal steps should i do….

    thank u atty.

    Reply
  56. sakura_800901

    Hi Atty.

    this site is wonderful.am so glad i found it.

    My boyfriend is divorced to a filipina nurse(they’re both livng in the US). Is there a need for them to file for annulment in the Philippines for the purpose of re-marrying? As of this writing, they both have green cards and to my understanding,they’re both still filipino citizens.

    Can I marry my boyfriend in the states? would it be considered legal?

    Reply
  57. kathleen

    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 chil 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

    Reply
  58. francisco_janel

    Hello Attorney,

    I have read enough on this site regarding annulment and legal separation. I would like to impart my experience related to this issue and I would also like to seek advise from your office.

    I and my husband had been separated for about 11 years. A year after we got married, we decided to break up because we both know that we don’t really love each other that much. I was compelled to marry him because my dying mother wanted me to do so. He knew from the start that the main reason I marry him was because my mother wanted to see her grandchild before she die. I thought that we can work it out after my mother died but we weren’t able to succeed. We have a son who’s 11 years old now. I’am now leaving with other now and I’m presently pregnant with him.

    I don’t have enough money to file an annulment but I and my live-in partner wanted to use my maiden name in all of my transactions. I’m currently using my ex-husband’s surname. Is it possible to update profile and use my maiden name to all government agencies like SSS, Philhealth, Pag-Ibig Fund, BIR, etc.? Are my reasons valid for annulment? Any advise from your office would give me a great relief. Thank you and more power.

    francisco_janel

    Reply
  59. Atty.Fred

    I believe the concerns have been addressed in this post or the related ones (Part I and Part II). The rest should be covered by Part IV, which should come out sooner if we’ll have enough free time (discussions after this post will be covered in Part V).

    Thank you for your patience.

    Reply
  60. Trisha09

    Dear Atty Fred,

    I am a Canadian citizen who got married to a Filipino citizen few weeks ago. We didn’t know that he was married to his X girlfriend as there was no ceremony done. Parents on both side ask them to signed papers not knowing what is it about. We are seeking for divorce on his previous marriage. The X wife is willing to signed the papers. They have been separated since 2005. How much will it cost us for an annulment? How long will it take? We don’t have a lot of money for annulment. I asked few lawyers, they were asking me for 300,000. Which i cannot provide. Is there anything that I can do? Also in my case I was married to him while he was married to his X wife. Do I need to file for an annulment? I’m going to remarry him after his annulment from his previous marriage anyhow. I am planning to sponsor him to Canada

    Reply
  61. black scorpion

    foreigner po ang asawa ko at kinasal po kami dito sa pilipinas. After a year of living together lumabas ang ugali nya na alcoholic at abusive verbally which i can no longer take. We have a kid 10 months. I am thinking of revoking his permanent resident visa in the Bureau of Immigration and file an annulment too. Magagawan po kaya ng paraan ng ating BI na i revoke ang 13A Visa nya? Pwede ko po ba syang ipadeport? bigay aral sa mga foreigners na masyadong abusado sa mga asawa nila. salamat po

    Reply
  62. kinghumba

    good day atty,

    i am 25 years old now and turning 26 next month. me and my wife are married last november 17 2008 and our baby was born 12 days after, november 29 2008. honestly, i marry my wife for my selfish reason of excusing myself to shoulder hospitalization expenses of my wife’s maternity since my company will shoulder expenses like hospitalization or birthing of wife.

    after our civil wedding, we never live together since i am working in leyte while she was in cebu although her family lives in leyte. 2 months after our wedding, we have arguments re: in-laws and etc. she went back to their hometown with our child which i oppose. indeed, she brought our baby to their hometown and all her family is against me even just seeing my child. there were situation that when i came to visit, my son was brought inside to their so i can no longer see my baby. they even let me leave my support “milk” at the gate of their house or leave the milk to their neighbors.

    when our baby turned 1 year old, i was really sad that my son never recognizes me since they never allow me to see him. i guess,i only see my baby less than 7 times last year. and now, for hundred of times of thinking this, i finally came to the point of filing an annulment of our marriage. we never had contacts or even message each other.

    i hope you will understand me in my situation. i hope to receive response from you regarding this matter.

    thank you very much!

    humba

    Reply
  63. jessee

    My marriage with the man took place 1992. During then, I knew that he’s a drug addict. It was just 6 years ago that I have learned of his case ATTEMPTED MURDER WITH HIGHWAY ROBBERY. Apparently, case was dismissed due to non-appearance of the other party. Nevertheless, he stayed inside the Quezon City jail for 3 months. NO BAIL was initally given.

    I’ve only learned of the case when we transferred house and he needed to find work. He filed for an NBI clearance and he was asked to GET INSIDE because of a case. I was with him during that day. I started asking questions as to WHY’s and WHAT’s of the GET INSIDE thing of the NBI. It was also then that he told me, and showed me the papers of his case. The first time.

    After that day, things went rough and apparently ended to separation. Could the aforementioned incident be a reason for annulment or legal sep? Kindly advise so I could start seeking legal help.

    By the way, I have three kids, all with me. I never asked for support since the separation. He’s currently living in with another woman which he incidentally brought into my house when he visited my kids..

    Please help. Thanks much.

    Reply
  64. jmv

    Iam married last 2003 and since then were not lived togethere for at least a year because iam working abroad.Last 2006 we’ve to decided to seperate and not living togethere even if i was on holiday.But the problem is since that time she refuse to see me my daughter even i was on holiday iam giving them a monthly finacial support for thier needs and education of my daughter untill this time.I try to contact her but she refuse to answer my call and messages i’de like to go and see my daughter but they are giving me a bad treats that something wrong is going to be happen with me if i go thier house and see my daugther because right now she is living with her parents and brothers.I dont have a communication for almost 3 years.Do you think that it is a grounds for annulment?My marraige is a complete mess i want to end it up!
    Please help. Im here in overseas can i file an annullment?

    Reply
  65. filgrinasia

    Hi. I want to file an annulment to my husband. I have problems with him:
    1. habitual alcoholism and habitual gambling
    2. stealing my atm card and my salary and using my money just to give it to his x-gf with a child, well in fact, he is not the father
    3. jobless
    4. forcing me to have sex with him and if I refuse coz I’m tired he will hurt me physically
    5. always spend time with his friends “barkada”
    6. having an affair to other girls (My sister-in-law just told me. I don’t have any proof.)

    It seems that he reveals his real self/ personality right after our wedding. We only spend one month together as husband and wife. Now, we are not living together. We both go back to our own family.

    I’m afraid that he just marry me to use me to fulfill his promise to his x-gf and to her child.

    As of now I don’t have any work. I resigned. I’m helping my family in starting our small business.

    I checked our marriage license in NSO and I found it legal. I’m not using his surname even in all my valid I.D.’s and passport.

    What will I do to? Please help me.

    Reply
  66. chinita

    quoted:

    “In the case of a filipina who marries a foreigner abroad, if the filipina files a petition for divorce abroad and is validly granted, what further steps must she take that would allow for the divorce to be recognized in the Philippines for purposes of re-marrying?”

    —>> thanks for this question because I need to know also about this 1.. please can u send me the answer? or u can email me slim.willy21@yahoo.com

    ty!@

    Reply
  67. 1heart

    i was married 2002 because we have kids.We want that so our kids used his surname.By that time we get married he have a gf even we are married they still have relationship.2003 I leave them and my two kids with them i send money to my kids if i have a work.Until now i didn’t changes the surname of my kids because they studying now using my surname.I don’t want to change their name’s any more. Now he have live in partner with 1 child. What ground i can use so i can get annulment? In the marriage contract my year of birth is 1980 but in my birth certificate is 1979. How long it will process and how much i need? my marriage is void or null?

    I hope you have answer in my problem..

    Reply
  68. taurus0404

    Dear Atty.,

    I am working as OFW. Last march 2009 I went for a vacation and then I got married may 2009 and go then go back again to work abroad.. on August 2009 I was so surprised to learned that my wife gave birth already. She was already pregnant with another man when we got married. I am planning to go home this year and file for annnulment but Ive learned that a few weeks ago she left the country..

    Atty is there a chance for me to file for annulment even if my wife is out of the country? does her signature necesssary in order for the annulment to proceed? I know she doesnt want to cooperate.

    Please help me Atty. I want to hear yor views regarding this matter..
    thank you so much.

    Reply
  69. mistress2007

    I meet a man in the internet but was married, I did not know about it over the internet. and when i meet him first personally he tell me the truth, but his planning already on getting a divorce before he meet me. He has no kids by the woman he is married to for the last 6 yrs…..He is a foreigner… He worked in the Middle East…..Now his wife is treating me…I want to know if she has a real legal threat she can bring against me!!……??……. Please i need to know.

    Reply
  70. mistress2007

    I meet a man in the internet but was married, I did not know about it over the internet. and when i meet him first personally he tell me the truth, but his planning already on getting a divorce before he meet me. He has no kids by the woman he is married to for the last 6 yrs…..He is a foreigner… He worked in the Middle East…..Now his wife is treating me…I want to know if she has a real legal threat she can bring against me!!……??……. Please i need to know.

    Reply
  71. edwardbarcelon

    Hello,

    I have question, Madali po bang magpa annul kapag may kakilala ka sa gov’t. Kasi yung ex-wife ko ay sinabihan ako na mag annul daw kmi at sya ang bahala kasi yung bf nya is working at the gov’t…Salamat po

    Reply
  72. rays

    Hello Atty,

    Please help me!!!I am in the process of obtaining an anullment. I tried to start it this time last year but the laywer I was using just victimized me..
    He took my money and did nothing.. I am in the process of trying to find a respectable attorney that has high morals and ethics.. I would like to know the the time line and all cost of a annulment with your firm. And would like to pursue the quickest most cost effective way to finish this process..Thank you so much..hoping for your reply as soon as possible..My email is raynmeriam@yahoo.com

    Sincerely,

    Raynmeriam

    Reply
  73. cha cha

    hello, just wanna ask. is there a chance for a contract to be void if one side of 2 parties has no parental consent that there was a wedding that appeared and that one side was not in a legal age when the wedding had happened?

    Reply
  74. fifai

    Hi, my husband ended a 1 year affair with his mistress. The mistress being bitter, texted me about them. I forgave my husband and told the girl to move forward. After 4 weeks, the girl texted me she’s pregnant.
    Can the mistress sue my husband if denied support?
    Can i sue the mistress if she starts making trouble for us?
    If we agree to child support, when does it start and who states the amount of support?
    If after dna test we find out that its not my husbands’, can we file a case against her?

    Reply
  75. jianz24

    Dear Atty,

    Hi..its my first time here. Anyway, Ive got few questions and I was trying my best to find the answers to every post here…but I guess I found it but not fully understood it…

    Question 1:
    Is it really possible to obtain a marriage license even the couple didnt apply for it? (personally) — I went to the local municipality 2 weeks ago to ask about the authenticity of our marriage license coz me and my “husband” didnt apply for it. And the personnel there told me that they really have “persons” who get/obtain license from them. If that so….is our marriage license valid?

    Question 2:
    If ever the marriage license is not valid, what should I file…annulment or nullity?

    Thank you so much. I hope to hear from you and for me to have clear answers about the issue –legally based. Thank you so much.

    Reply
  76. genelou

    Good day Atty.!

    I think this case is interesting for all. My present bf has a one yr old marriage to a previously married girl and who is older than him of 8 years. She has two kids. My bf wanted it to annul becoz of the following grounds:1.)She was ligated then before their civil wedding (and he wanted to have his own kids in his blood)2. The papers of the girl during the two-day preparation of their wedding didn’t reflect that she had a former marriage.And he just felt mercy and he was just confused of this decision that he thought this could make things well but he was wrong then!.3) Constant arguments between them were already happened and accdgly, it came up to a point where the said wife pointed him a very deadly knife that made him to flee form the area.4.) His parents knew nothing about this undertaking because they are really against of the girl.(He is above 25y.o. now)…Both of us has name to protect in the society.I just like to ask for an opinion from the desk of the attys about the strength of this annulment plan. Do you think the outcome of this petition if file will be in his favor? and be annulled immediately?

    Thank you so much. We hope to receive your comments atty.
    Please help.

    Reply
  77. mjoceana

    My partner is planning to file an annulment with his wife who is now in Australia and married an Australian guy, my question is can this be ground for annulment?

    Reply
  78. scorpio18

    magandang araw po. nais kopo sana maka hingi ng kasagutan sa aking tanong. maari poba ma annul ang aking kasal sa ex mister kopo na me dalawang pangalan. 6years napo kaming kasal taoong 2005 po kaming kasal ng akopo ay nag dalang tao sa anak namin. taon 2006 po eh nag hiwalay kami ng aking asawa sa dahilan po ng di pag kakasundo at dahil ako ay nasa ibang bansa. umuwi po ako ng 2007 dto sa pilipinas at dinakami muling nagkita at kahit anong kominikasyon e wala nasa puder po ng aking magulang ang aming anak. hanggang nagun po sa taon 2011 wala kaming kominikasyon ng aking ex mister,at aking napag alaman na ang aking dating asawa eh me dalawang ginagamit na pangalan at apelyido. ang una po eh un pong since birth nya na pinangank sya ng taong 1984 at un po ang ginamit nya hangang sya po eh mag aral hanggang highschool, ng sya po eh nag edad ng 14 nag pa late registerd sya para sa pag apply ng ng visa sa abroad at angkanyang kapanganakan duon eh tanong 1987, napag alaman ko na ang ginamit pala po niyang birthcertificate eh ung kanyang late registerd me bisa poba ang kasal namin? ung late registered name po nya eh wla syang kahit anong record sa panagaln naun maliban lang po sa late registerd birtcertificate at marriage contract namin. maari po ba mapawlang visa ang aming kasal? meron po ako kopya ng dalawang birtcertificate nya.

    Reply
  79. zmangawang

    Hi Atty,

    My by got married 4 yrs ago, and he said that the marriage was just arrange for him to be able to go to canada. No feelings involve.The woman is a filipina but living in Canada and already acquired a canadian citizenship. After they get married they only have a month living together as a husband and wife and my bf got onboard and the woman flew back to canada. The thing is they didnt even have any constant communication for almost 4 yrs.Not even phone calls maybe there are some but my bf says that marriage is really nonsense. And my bf wants to file annulment because because we want to settle down. will that be consider as a ground for annulment? Thnak you so much… Hope that you help me regarding this matter. thank you

    Reply
  80. misskaecker

    I got married 2003 Manila City Hall secret married. Me and my husband both seaman. My ex husband find another woman so since 2005 no more communication. We don’t have kids. How will I know if he got married again? And in my case do you think if I will file an annulment it will be very fast because for six years we don’t have any communication? Thank you very much.

    Reply
  81. emie

    im separated for a year now, gusto ko lang malaman kung makakuha ako annulment. during our marriage ceremony on process pa ang marriage license namin nong iparegister na ng pastor nalaman nya na wla pa kaming license kya nong lumbas na ang license at iparegister na ang kasal namin inimove na lang ung date ng ceremony, instead of September 28 ung date ng ceremony ginawang November 28, just want to know if this can be a ground for annulment.

    Reply
  82. danica25

    Hello Atty,
    Good Day!
    I was in a relationship today mag 2 years na kami with a guy na married pero hiwalay na cla verbally hindi po na process yung hiwalayan nila kasi po nasa abroad yung girl …Ngayon dumating na yung babae at na file na na yung case cbi nya nya sa akin sabi ng Atty nila PART PALA SA PROCESS IS COUNSELING FOR 6 MONTHS (take note minimum daw yang 6 months kasi usually pag di cooperative ang mag asawa eh taon ang bibilangin)…so i have no choice but to follow the rules and regulations. Kailangan ba talaga magsama sila sa isang bahay para sa counselling?Ang grounds po ng annulment cbi ng bf ko is yung Abandonment at Impotence…. ang alam ko na dahilan bakit nasira yung pagsasama nila kasi yung babae ay irresponsible at lier kasi tinatago nya yung about sa financial aspect for almost 2 years at sa mga panloloko na ginawa sa knya ng babae… May laban ba ang bf ko sa annulment na ito?Di na kasi nya mahal yung babae…

    Hopefully masagot nyo po ang mga tanong ko maraming salamat po.

    Reply
  83. Bianca1984

    Hi, I just want to ask about my marriage status.. We got married last 2008 without the concent of his parents upon checking sa NSO it was been registered. After our marriage hindi po kami nagsama ng asawa ko. Recently lang po kami nagsama sa iisang bubongand this time alam narin po ng parents nya. Kaso lang po marami po kaming misunderstandings and lagi po kami talagang nag aaway. Dumating po sa point na nagkakasakitan na kami. Everytime we argue lagi nya pong sinasabi na maghiwalay na kami. This time po kasi parang hindi ko na po talaga kayang tiisin yung pananakit nya physically,emotionaly and sa tingin ko po I am mentaly abused narin dahil lagi lagi po niyang sinasabi na maghiwalay nalang kami. Meron po akong anak bago kami nagpaksal, pero sa ngayon po yung bata naka apelyido po sa kanya. TAnong ko lang po anu po kaya and pwedeng grounds para maghiwalay na kami. Kasi po Hindi na po talga nag wowrk out yung marriage namin and hindi narin po yata healthy na nagaaway kami lagi. Wala po kaming sariling anak dahil sa hindi rin po namin malamang dahilan hindi parin kami nagkakaroon. Wala naman din pong 3rd party both side. Pero yun nga po it seems hindi na talaga kami nagkakaintindihan. Natatakot po kasi ako na baka pag hindi pa kami naghiwalay mas lalo lang po kami mag away at humatong po sa hindi magandang resulta. I am 28 years old and He is 32.

    Reply
  84. pie14

    hi good day,.just want to ask,.if the declaration of null and void was granted what happen to marriage certificate??and also if the marriage was null and void,.is the petitioner can request a cenomar???if yes what was the cenomar have???is the cenomar stating the there a previous marriage??thanks in advance,.

    Reply
  85. Canadian Miss

    hello there,

    i would like to ask several questions:

    on Art. 63. The decree of legal separation shall have the following effects:
    (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
    — does this means that the couple is still technically “married” by law?

    if a woman is legally seperated for almost 5 yrs got pregnant by another man, does art 164 of the philippines family code applies? does this means that the child is still a legal w/ in the bonds of marriage? can this be a ground for disqualification of her petition for annulment of marriage? what are the legal implications of this scenario?

    thanks.

    Reply
  86. Saigon

    Firstly, am legally (civil) married 1991 and we mutually separated 3 years after without communication or contact since then..She is alive based on our 2 children and relatives so I cant presumed her dead.
    I have my gf now and wanted to get married.
    I am not practicing my baptized religion and been anachronistic of it since way way back and wanted to change religion to save my soul and piece of mind:
    A. Would embracing MUSLIM FAITH for both of us (me n my gf) can lead to legally and acceptable marriage if we do it on Traditional Muslim wedding?
    B.Would embracing the Muslim faith for my (ex) wife and me first to lead to a divorce can free me more to do the first question?
    C.- Would the scenario B can also legally give me two wives if we (first wife) dont get divorce and simply prove to Muslim authority that I can “feed” and care equally my two wives?

    -Saigon

    Reply
  87. sanpedro

    i wanna inquire about filing an annulment for my case. Im married to my husband (Filipino muslim) and im also a filipino, we are married for 2 years in philippines, and im not happy anymore, he agrees to the decision of annulment, as long as i do everything process ang money matters because he said i was the one who wants the separation, he will just sign the papers and we’re both off away from each other. so thats the situation, and the reason is just we cant work things out anymore, im so tired of him and me not getting along on problems and many things, is it possible to be granted if this is the case? what can i best do about this . can anyone help for some advise?

    Reply
  88. darsqui

    sir i have this problem with the status of my marriage. i don’t know how to know if she filed already an annulment. as what i know she knows the legal aspect specially when it comes to marriage matter because she work RTC so in pangasinan and im pretty sure she will not make things complicated. she have a family today so is it understood that she already have filed against our marriage for annulment? how do i know if she already filed and already annulled? i want to know the status and what process im going to take just to know if its already anulled? thanks

    Reply
  89. jayar013

    Hi atty.,

    i would like to ask what grounds i can give to my x wife. We’ve been married last june 2010 durin those time she appears to be normal but upon helping my dad during his medical needs and all of a sudden she wanted me to choose between her and my dad which i choose to stay to take care of my dad. A lot of hurtful words was given, when my father passed away she just insulted my family. Right now shes living with somebody as what her friends told me. She left me december of 2010 and till now we dont have any communication. Now there is someone im courting, i wanted to erase the past including my x wife.

    thanks in advance

    jr

    Reply
  90. Jeng1122

    Hi Atty.

    Please help me po, my husband is in China, nag wowork sya as a band member. We had an argument nung may nadiscover ako na mali nyang ginagawa, I apologized at nakikipagbati, he asked for time then I gave him time. All of a sudden nakikipaghiwalay sya, he said “wala ng pakelaman” “hiwalay na kung hiwalay”. is this valid? I want in a right process kasi I know that he is doing something wrong in China. i want also to secure my kids. Ayaw nya ng ganitong proseso. Ano po ba ang gagawin ko? Thank you very much po.

    Jeng1122

    Reply
  91. srmr

    Good day,

    I am married, but physically separated and with no communication with my legal husband since February 2011. I am now pregnant with a live-in partner.

    It seems whichever options for surname I will choose for the child, there’ll be legal consequences against me before I even file an annulment or that either of these options can be used against me during the annulment process.

    Option 1: If I use the biological father’s surname, an adultery case may be filed against me.

    Option 2: If I claim that I am single and use my maiden surname, a perjury case may be filed against me.

    Option 3: If I use the legal husband’s surname, the legal husband may file a case of damages against me.

    Below are some situations and questions:

    1. In the child’s birth certificate, can I declare I am married, use my married name as mother, leave the father’s name blank and use my maiden surname as the child’s surname? Will the child be considered legitimate or illegitimate? What are the consequences?

    2. If situation #1 is possible and done, will I be able update my name on the child’s birth certificate after annulment (i.e., use my original name prior to getting married)?

    3. If situation #1 is possible and done, will I be able to apply my child, which will appear a minor applicant, a passport and travel outside the country with him? I would like to know if DFA will validly accept my married name record as the child’s mother though the child’s surname is my maiden surname.

    4. If situation #1 is not possible, can I have my parents adopt the my child? Will the child be considered legitimate or illegitimate? Will I be able to travel outside the country with my child? What are the consequences?

    5. If situation #4 is possible and done, can I adopt my child after annulment with the legal husband? Will the child be considered legitimate or illegitimate?

    The lack of money is preventing me to initiate the action to file an annulment. The situation got more complicated when I conceived a child from another man. I want to settle things the best and legal way possible. I am hoping for your professional advice.

    Reply
  92. babym

    Good day
    I just want to ask how long will it take for an annulment if we just got married recently like 3 months ago,my husband is a foreigner an american citizen , we got married here in the philippines. I want to know how long will it take for the process to get our marriage permanently void and if i need him to get his permission first before filing for an annulment,because im not sure if he will agrees , he live in the US and i live here in the philippines.My question is.. is it possible for me to get an annulment without my husband permission? and if it is hard to get one?

    Reply
  93. rAY

    My wife and i was together for 19 years. we started living together when she became pregnant at the age of 16 and i was 17. after 5 years we decided to get things in legal, even though we are both not agree. So we was solemnized in Pasig City hall for a formal wedding ceremonies. after 7 years i went to abroad and need to have a marriage certificate. Surprisingly we dont have any records. three times i went there and asked for a copy, but they said that my marriage was not filed. They asked for the the copy that was given to us but sadly it was burned in a house fire event. Now my question Am i still single and free to be married to another person likewise with her. Or i am liable by the law if i committed another marriage.

    Waiting for a QUick Response

    Ray

    Reply
  94. Tootie Pie

    I got married without requirement of my birth certificate. After 3 years of marriage I found out that my name on my birthday certificate is spelled differently from my marriage certificate (Birth Certificate has ESTILA and marriage certificate has ESTELA). Under The Family Code of the Philippines it is stated that Article 1. Marriage is a special contract…

    As it is a contract and the contract has a discrepancy on the spelling of my name between the birth certificate and what was written on the marriage contract, is there no article under family code that can make the marriage contract null and void?

    Reply
  95. pitxie

    Hello I am separated for more than 8 years now and has 2 kids aging 8 and 12 years old. I recently filed a case against my husband for a non support and bigamy because he has a new family now and living with his partner since we parted. The case was not dismissed and they sent him a warrant of arrest since the case I filed is proven and he refused to give support. Although I haven’t got any feedback from the court about the development of this warrant of arrest issue I decided to just leave it there and I focused myself on how to make a living and raise my kids all by myself. I have learned everything was so difficult until I have met someone who is willing to marry me and give my kids full support most specially on their education. He wants to file an annulment or whatever just to grant re-marrying me in a legal process. So my question is should this situation be considered as a ground? 8 years non support or bigamy? would that help that warrant of arrest has been released?
    Another thing what If I got my annulment therefore my kids will become illegitimate right? would they be automatically under my family name? If I decided to work abroad and want my kids to bring with me do I need to consider their father’s consent although I already got my annulment?

    Reply
  96. Liezel

    Hi Atty Fred,

    I was married when we were both 19, after that we have separated because he always physicakly hurt me, after 3 months of the abused we never saw each other. I am now 28 amd i dont know where he is and i’m planning to get married. Can I file for annulment?

    Reply
  97. Jovan

    In accordance with Filipinis law it’s necessary to have 10days from the date of application before a license can be issued. Because at the time of wedding was squiessed due Christmas holiday and time I was staying in Manila and we didn’t have 10 days to wait only 3-4day and wife’s family decided to bribed the mareged concealer, is that mean that our marriage was illegal and can be terminated by any government Australian or philippins?

    Reply
  98. zena

    Hi,

    I am planning to file a fixed annulment, the attorney that I am working is willing to help to file a fixed annulment as the normal processing of Regular annulment may take too long and there’s no assurance to win, that’s why I’d like to push this matter.

    I’m currently leaving with my legal husband but I’m planning to file a fixed annulment so I can marry a US citizen as I’d really like to stay and work in the United States. I have two kids (6 and 8). My questions are :
    1. What are the consequences on my end if I push a fixed annulment? Will my legal husband can file a case against me afterwards?
    2. Will the custody of the kids will still be with me? Or can I hide this to my husband and bring the kids in the U.S to study?

    Bottomline, I’d like to hide the fixed annulment to my husband as I’m planning to re-marry him after 5 years or so and we can stay in the States together with the kids but he might understand that now that’s why I’d like to hide it…I will just tell that I’ll be working in the States but in reality i’ll be marrying a US Citizen there.

    Reply
  99. ebb73

    Atty, my marriage was already declared null and void by the court. However,my ex-spouse is still using my surname. Is there any way for me to do so she would stop representing herself as still my wife?

    Reply
  100. Jake

    Atty

    Good day. Can I file a petition for annulment on grounds of “psychological incapacity” after more than 5 years of marriage?

    Thank you. Hope to hear from you…

    Reply
  101. Pj

    Dear Attorney,

    I am an OFW and married to my long-term live-in partner since August 2013. Our relationship had a lot of ups and downs. My wife has an uncontrollable and unbearable jealousy to every female around me though, I am not really into them or in short, I didn’t do any infidelities that would ruin our marriage or our relationship as a whole. These unpleasant things kept on occuring even since we were not married yet. I might say that if we were having a fight, it comes to a fierce situation wherein we physically hurt each other. But then, we usually end up alright and settled. However, whenever I go overseas for work, she keeps on nagging me about things that pisses her off which I usually find it without basis. I keep on telling and explaining to her thay I wouldn’t marry her if I didn’t love her or be faithful to her. If I just meant to be infidel to her, I wouldn’t have marry her at all. Every now and then, same things happen that gives me a hard time dealing with my everyday life abroad and I can’t even concentrate on my nor i am unable to sleep and eat well thinking about our continuous senseless arguments and fights. And now, just recently, she was posting a lot of escandalous statuses on facebook which humiliates me and my family (my mom, dad, etc.). And she also keeps on threatening me of ruining my career as well of my life and putting my entire family’s name into shame. Can this be a ground for filling an annulment of our marriage? Is she still entitled to receive my financial support despite of her very unpleasant actions? I am such in deep despair right now and I can’t do something about this matter for now for I am currently working abroad. I hope I could get some advise and aid from you.

    Thank you.

    Reply
  102. sarah

    Good am attorney.

    I’m sarah in cebu city.I have question about validity anf the expiration of their marriage of his ex wife coz they almost 14th years they got separated. I want it to know if can get the marriage. Ghat I wanted. Pls.Help me.
    and advice me coz I’m pregy.
    In private only.

    Reply
  103. evangilyn

    dear sir,

    im a filipina married to indian man, we are married in philippines and we have the NSO marriage certificate. i want to annuled my marriage with MY HUSBAND because i find out tht he marry an indian girl in their country. pls sir advice me wht should i do grant the annulment

    Reply
  104. AmCit

    I got married in the Philippines Nov.2004 then Jan.2005 my wife went to US. We were away for a year. June 2006 I moved to US but my wife don’t want me anymore. We didn’t live together we were living in different states. After a year of being separated she filed a divorce in the state of Illinois. After the divorce we had no communication. 2010 I got married here in America and later became a U.S. citizen in 2013. My wife in the Philippines is also now a U.S. citizen. My question now is do I have to file an annulment in the Philippines if I plan to get married there?

    Reply
  105. yhang

    Hi.I want to file an annalment.were separated 2 yrs.ago.I wamt to ask if what happen if he will not attend the hearing or respond any summon?

    Reply
    1. AttyFred Post author

      Yang, so long as summons is validly served, there is no need for the other spouse to reply to the summons or attend the hearings.

  106. James

    Sir just want to ask im not in good terms with my wife, i want an annulment but she is against it, she physical hurts me and keeps on accusing me of having an affair to another girl which is also not true, but everyday all we do is fight over and over, and i also find out that our marriage certificate is only register last last year and we’ve been married for 5 years, can i use it also as a ground in filling for an annulment including phsychological incapacity?

    Reply
    1. AttyFred Post author

      Dear James, as previously discussed in another post, the consent of the spouse is not required in cases for annulment or declaration of nullity. As to the proper ground, we cannot make a determination because, also as previously noted, we cannot render legal advice in the Forum.

  107. Janice

    Hello..I just want to ask..im 3 years.but more than a uear separated..my husband have 1 year old son already and his living with his mistress..is that a ground for anulment?

    Reply
  108. Diosa

    Hi. I am married for 3years now but me and my ex husband were only together for 2-3mos after we got married, then he flew to US. Then after months of being in a LDR, for some reason communications were gone. He abandoned me, i was so depressed and demoralized cause i don’t have a job that time and he left me with nothing. And now he’s back from nowhere and asking for an annulment. What are my rights and can i ask for indemnity? Thanks your respond is much appreciated.

    Reply
  109. Josie

    sir im abandoned for 21 yrs. since 1994 until now,im married to
    a japanese in paranaque,after our marriage i didnt seen him.up to now i heard to his cousin that he is married in japan before we meet what help i can get to our government,nobody wants to helps,they want me to file a divorce and pay for 300,0000 pesos….im single parent

    Reply
  110. Jurgen

    Hi,

    I have the following question.I`m from Belgium that was married with a Filipina in Philippines about 4 years ago.We have a daughter that is 3 years old now and she holds also the Belgian citizenship.We went to live in the UK for about a year now.We got issues in our marriage and thought it would change once we were living in the UK.Was transferred to the UK for my work.Now my wife has found someone else here in the UK and that person wants to get married to her.She told me that she can apply for a divorce here in the UK and once that is granted she can bring our daughter to Philippines.Because normally when she wants to take our daughter outside of the UK she needs my permission.But now she is telling me that she does not need my permission once the divorce is completed.Is this true or not?

    Reply
  111. Mike

    Hi Att,

    Would like to know how much time does it take for a final decision for annulment.

    Last hearing was June 2015 and till now no response.

    Please advised what i should do, i ask my advo he told me we need to wait.

    Reply
  112. miradel

    I filed for annulment last year and I was informed by my lawyer that the judge’s decision is already here. Problem is, I was not able to include my daughter’s custody and I’m planning to take her with when I go abroad this year. What will I do?

    Reply
  113. Elizabeth

    I have urgent question my dad hot married with this girl he dos have good intension with her shes from dominican republic he got her resident his a American cidazion he got the opportunity to take to the states they have like 3 mouth together over there I always smelled something fishy my dad has been married before and never had a problem with caracter problems and she lied that he hit her and she told him that that’s all she wanted his hours his money know his facing jail what should he do his inacient and she don’t disurve nuttin I need a lawyer in North Carolina ASAP

    Reply
  114. Junahbless

    I want to get anulment bcoz my relation to my husband never work and no love already. But my husband don’t agree to have annulment. Is it still I can process the annulment even he’s not agree with it?

    Reply
  115. michael

    can I know what we do to file an annulment , separate us 5 years and we both OFW , filed him to Canada for a divorce and custody of children, and I know she also citizens there .

    Reply
  116. michael

    What should I do if my wife we were married in a civil but today I was 5 years apart and he was in Canada and I am in Saudi . But has she filed for divorce in Canada and for custody of our son, please advise us what will i do to file annulment & requirements

    Reply
  117. michelle

    Hi im michelle
    I have 4 children from my previous
    im marriage Australian man we been marriage 2013 in Brisbane Australia but we almost together 9years im been Australia 6 times balance every year maybe 2 times but in 2013 im there 3 times that year i go Australia tourist visa. why balance because we need together his mum to look after since 2011 because his mum she have cancer but pass away 2013 last november.so we plan we buy house we move together our new house in Gympie from Brisbane. After settle there arrange things we plan come here in Philippines February because our 2014 then we apply my children and my mother to migrate so we can together all our new home there and thats our plan and because r his mum past away. So We need always us because that’s his promise and our promise when here we apply migrate June 24 2014 and we wait almost 2 years still not approved. But since he stay here in 2 years almost i can see his changing attitude he always mad and more cranky because in 2 years only 2 works coming and drawings because his draftsman. But he change also our children and sometime we have miss understanding that coz our problem. but he give up without im knowing he go Australia his own august 10 he run off the house bring our van here then stay 1 week in manila from here in bulacan.so all my do that time worried find him then go police but no news till 1 week i received text he in Australia he said to me he not back anymore.so its hurt for me but we have contact again after 2 months ant maybe he text only 5 times since august 2015 when he is gone. all my do is crying sad pain hurt because he leave me and all my money i use here in Philippines so im not secured now because i use all my money from my bank account and he not use his money from account in Australia .because i believed what his promise and together to plan and im his wife not expecting also he left us because that day we not argue and he hug me and kiss and he said i need buy lights to our comfort then when im home he gone not expecting he run off like magic after all.so when he there not even knows also he withdrawn our migrate all the partner visa. he withdrawn October 27,but i emails him migration visit our home October 16 then i forward migration emails except my saying him we have interview and i said him my emails we not separated then i call him my husband he answer i say with tears a lot and said him if im correct he there for work he said my saying migrate correct.so im not expecting he withdrawn us. but i have received calls from Australia migration said me no longer visa our partner visa because my husband withdrawn .so i shock how i can live now without worries my financial and children opportunity is gone and hurt because we together plan and our home together buy. bu all in Australia all his name .now children no school in 1 year because of our migrate then this is happen now. then he emails me February 29 he transfer 21 thousand and say i stop try call text and we mistake if we comeback together and he said he file annulment for us in few weeks. then he said sorry this is end our love .so shocking again. like im not wife like im trick and rag like he use me only when he need me then leave me like this and all my money is gone because i use that to us here .then our home his name all we have there in Australia all from his name but all that give his mum for us and when his mum died we there hospital Australia till mum Shirley last day im with here and my husband .when he have weakness i leave my family here to go him because i help him to care his mum. not fair he leave us im not ready to secured my children and mother because he promise he father and husband forever from start to meet so why i marriage him and love him and believed him but now all we here suffer and children too. i need help what need to do this problem please help. I try apply again tourist holiday visa last month but the result is refuse my sponsor my friend maybe effected happen my partner visa withdrawn.
    but my husband said he annulment me in few weeks he said that in last email February 29 then now no emails no answers call since February 29 till now. but September 2015 to February 28,2016 he email me 2 times a day to said he ok
    but last February 29,2016 bad news about he want annulment me, but i think not annulment call instead divorce .and he said he never give me transfer anymore that’s last 21 k because i begging him to fees our bills here and i said him his fault because me no work and we here because of migrate so i have reason to begging and he my husband. but not expecting his last emails more pain hurt and sad.
    my question he can file divorce there even im here but im not citizen there because our partner visa he withdrawn .im worries also me no work no income and all here children suffer and soon need school what i need to do? please can u advise this kind of problems.
    Thanks
    Michelle

    Reply
  118. dawn at sea

    My husband and I have been married for 15 years, 20 years in relationship. We have 3kids, 14, 12 & 9 years old. There have been 3 infidelities and I am have reach my end of the line when a supposed text message to his mistress was wrongfully sent to our eldest daughter. He has been physically, verbally violent since the early years.. I want to separate from him but he refuses to leave the house and always say that he will not leave his kids. We are occupying my parents house.

    Reply
  119. anna

    I have a foreign spouse we have a civil marriage in the Philippines , my husband secure a divorce in his country. I would like to ask if i could have and annulment so I can remarry someday.

    Reply
  120. ONILECRAM_72

    DEAR ATTY. FRED,

    ITATANONG KO LNG PO SANA,KUNG LEGAL PO BA ANG ISANG KASAL KUNG UNG GINAMIT NA BIRTH CERTIFICATE NG ISA AY PINEKE SA KADAHILANANG WALA PA SA HUSTONG EDAD PARA IKASAL.

    Reply
  121. Maria

    Hi i just want to seek advice about my situation i am legally married in philippines and we have 1 child weve been seperated but not legal for 6 years we dont have any communication at all after he left and go dubai to work. Now im here in singapore and working here for 5 years and i have a boyfriend who is muslim my question is if i convert to muslim can i marry here my boyfriend in singapore? Or in my case i married when i was 18 years old with my parents consent can i file for void or null? Or can i file assumtive death because i have no longer news about him?
    If i convert to muslim and change all my documents to my muslim name is there a chance for me to get a cenomar in philippines and proceed my marriage in singapore to my foreign boyfriend?

    Hopefully u can, read my comment i really need an advice.

    Thanks.

    Reply
  122. needannulment

    Good afternoon po.

    My husband and I was married last November 2010. The main reason of that marriage is that I am 8 months pregnant. We stay in one house but with the expense of my in-laws. My in-laws are the one who gave allowance for our food, for the expense of my daughter and for everything we need. My husband have been in rehabilitation center before and after our marriage. He also have his mistress and have two children with her. We are separated for almost 4 years. Can my reasons be a ground for annulment?

    I am hoping that you can help me. I am a working student now and hoping that my surname that will print in my diploma is my maiden name. Thanks and God Bless

    Reply
  123. Chery

    Hi ..I’m currently pregnant and I have filed my annulment last year . what will be the effect on my petition on my situation as a being pregnant with other man..do the courts will still Grant my petition?

    Reply
  124. Evelyn

    I am the petitioner for my marriage to be nullified. If the result comes out to be positive means granted. Do I still need to support my ex? as he has he has a job of his own and our son is 34 yrs old now and have also a stable job?

    Reply
  125. Arlene

    I am presently residing here at Canada for 9 years and I was been separated with my husband for 5 yrs he was included before to application of petition here in Canada with my kids but hence I confirmed that he was a child with the other woman and he abondoned my kids for 2 years and half I don’t have any choice not to file a divorce here for me to continue the sponsorship of my kids..last year he begun contacting my kids again and giving them some support..I am glad that he his doing that but the thing is he went back to Phillipines from Saudi Arabia to get married with the mother of his son last March 2015..I was confuse because I know that when you do the Merriage at the church the man should secure the CENOMAR and he did it..and I know 100% that our Merriage is valid..is their Merriage are valid? Because the was using the name of my ex husband and what I know according to Saudi Law that they can’t live together unless they were showing a prof that they are legally married.

    Reply
  126. Riri

    Good day… married po ako sa japanese last year nagpakasal kami sa japan sept 2016. He is 60 and im 25. My spouse applied for my eligibility to get visa twice syang na reject ng immigration saying na hndi daw po totoong kasal kmi dahil malaki ung age gap at may tumawag sa immigration at nagsabing hndi daw po totoong kasal kami we kasal po kmi at totoong nagpakasal kami anu po dapat kong gawin para mabigyan ako ng eligibility nsa hospital ngayun asawa ko at walang ibang pwedeng magalaga sa kanya what legal action can i do about it please let me know.. Thank you. I will wait for your legal advice. ? please help me

    Reply
  127. rene john

    What if the spouse is convicted and sentenced to life imprisonment, is it a valid ground for annulment?

    Reply
  128. patience

    I need your help, I met my wife (not legally married) 17 years ago she was married with 4 children but was abandoned by her husband so she kept her children. the husband did not support them for 3 years or so. she worked to fed her children. She stopped working since we stay together until she died lately. we had 2 children by us. i am a muslim by religion and i was also married with children by my first wife, which i also help and support them. she had some death benefits from sss since i let her continue to paying her due with sss using her married name since they are not legally separated. she filed affidavit of abandonment with sss purposely to have her husband out as beneficiary. and add three (3) of her new children to it. please help me if i can be an automatic beneficiary or who? thanks

    Reply
  129. Ness

    I am s filipina married to US citizen last Feb, 2010. After few months same year, nbi and fbi agent came and took him and brought him back to US. I taught its only about overstaying in Philippines because he didn’t pay to stay longer. He been staying 3 months without paying to the immigration. Later the nbi told me that he is fugitive and have felony case in US and i don’t knew about it. Im just shock and how did it happen that he able to get a capacity to marry since he have the case. He didn’t comeback anymore until now.
    What will I do? Are the papers from nbi records enough evidence so I can file in court to dissolve my marriage to him? If i need to file for annulment, what grounds I will use?
    Thank you so much. I’m looking forward to hear answers from my question.

    Reply
  130. Lowla

    Hi ,
    My wife left me 3 years ago with my 2 year old daughter with no reason and i have met a new love recently. My wife is threatening me that she will file a case against me and my girlfriend.. we talked about our marriage and she told me in the presence of several witnesses that she doesn’t want to go back with me and I same as with her.. but still she is threatening me. What legal cases can she file against me and my girlfriend?

    Reply
  131. Nona

    My husband and I got married in the Philippines 2 years ago. He is a Sri Lankan. I moved to Sri lanka after we celebrated our 2nd year wedding anniversary. I found out that he is married here and has 2 children. He obviously married the girl before we had our wedding. What shall I do before and after I leave this country, Sri lanka? How can I annul my marriage in the Philippines? Please let me know soon because I am leaving Sri Lanka soon.

    Reply
  132. cherry mae

    good day Atty, una ngpasalamat aq kc meron ganitong, topic advice, ganito po kc story a ng life q naun, I need ur advice, may fiance po kc aq naun at ng leave in kami about 5years now, at ngaun Plano namin mgpakasal dito sa pilipinas, pwo may aswa na sya dati, at d cla annul, pwo wala na sila contak sa unah aswa nya, pwo ng file ng divorce ang fiance q, ask q lang po may possible po bah, nah pwd sya ikasal ulit dto, sa pinas, pls Atty, I need ur advice,

    Reply
  133. John ray

    Can i file annulment?
    My wife has an unstable emotional behavior and always have emotional and physical outburst. And with fights everyday, leading us to psychological depression, and what gots worst is that because she cant control it, my son can always witness our fight. I believe my son already has a emotional trauma. I warned already my wife before to control herself infront of our son, but still nothing happens. So i decide to leave leave necessarily to avoid more arguments and fights. Because of this, i have been consulting some psychiatrist because i have a severe anxiety and depression which greatly affect my day to day life and work. I am just supporting them, by send money to palawanshops. We have been separately for more than a year. I wanted to move on but, i need to annul our marriage. I really wanted to annul. There is no hope of reconciliation, baka kasi yong anger and outburst nya, masabayan ko at maka masaktan o mapatay ko siya dahil di ko nakaya magpasensya.

    Hoping for your advice. Salamat po

    Reply
  134. Krystel Joy

    Hi

    Base on questions and answers above about annulment, there is no way that I can be annuled through abondonment.
    I was married at the age of 21 because I was pregnant. we got married while im 5months pregnant. during that time everything went fine. we both decided whole heartedly to get married for the child. After 1year we decided to separate becoz we were not able to understand each other.
    And now, we were not living together for almost 3 years.
    can I talk to one of the lawyers because we are now planning to get annuled and we would like it in easiest way and fastest way. Kindly email me. thank you.

    Reply
  135. Joy

    Sir/Ma’am,

    I would like to ask if my marriage is valid or can be registered even we did not have a license when we had the ceremony? The one who assisted us during the civil ceremony told us that they need the license first before they will release a copy of the marriage contract. There was no affidavit also telling that we lived together for more than 5 years. We just got married because my parents wanted us to get married soon. We were not also expecting that we will be getting married that day. I haven’t check NSO yet. Is it possible that the marriage we had was registered? If it is, what do we need to do, sir/ma’am?

    Reply
  136. che

    ang unfair naman ng batas..pano yung katulad ko n babae wala n bang chance na mabigyan ng second chance??im only 26 years old..nag sama lang kami ng asawa ko for only a year and we don’t have child..im want to be free again pero siguro i cannot do anything for that..

    Reply
  137. maileen

    gud day! i am processing my annulment case since 2016
    , i want to file my case somewhere hoping to make it faster..it is possible?

    Reply
  138. maria lourgena

    good day atty Im happy this site I have also a problem just call me maria I have question for you and hope you can help me I was married for 19 years ago but we separated last 2002 because of his irresponsible attitude to us always going to his friends drinking liquor hang out always together his friends and even he has no work I was the one who work for our food we had 1 child then I was so tire of our marriage I decided to broke our relationship we separated and I didnt see him anymore we separated almost 13 years I want to file an annulment what should I do please help thank you..and more power to you

    Reply
  139. Nicole

    Greetings 🙂
    I was just wondering what would happen if the spouse (wife or husband) signed the annulment contract but not everything stated is not true got married while the other spouse have not signed or may never sign the annlument contract?

    Reply
  140. Purple Passion

    Dear Atty Fred,

    I Marry a Canadian guy last June 2014 but after we got married he returned to Canada and we stop communicating since Feb. 2015, we had fight because of his trust issue and Jealousy.. Until now we never talk and had no communication. my question is.. what will I do to file a case against him for not sending me his obligations as a husband. how can I trace him in Canada? do I need to come to Canadian embassy to report him? Is it possible that he just marry me for him to stay/visits phils as often as he can? please help. Thank u and God bless!

    Reply
  141. gem

    is a marriage voidable in this situation?

    marriage happened in pasay city but marriage licensed and certificate filed in manila city stating also a place in manila city as the place of marriage rather than the actual place…

    need answer please.. thank u!

    Reply
  142. joselita

    dear sir: my husband is working in Australia since 2012 and until 2014 we are in good terms when he got his Permanent Residence he left us and told that ” he don’t love me anymore and will not go home”. and now he has already his Citizenship and brought him back to Australia his Mistress last year.

    i want to sue my husband, what will i do and how will i file a case against him. and how much does it cost?

    thank you very much Mrs. ABangan

    Reply
  143. Paul

    I am a usa citizen I want to marry a phillipino girl but she needs an annalument . Can I do this by myself is it just paperwork or do I need a lawyer. Also can I file for her visa if annalument is in process but not finialized.she been separated over 6 years now

    Reply
  144. Leanne

    hi good day Atty,

    I need help po and ask ko din how much ang cost for annulment. Here’s my problem, we got married last dec 9,2015 and for some reason we argue and not get along with. he is threaten to leave me at anytime he wants. what should I do to be single again in my NSO certificate or Cenomar. He is a canadian foreigner, we didnt live together yet. He is in canada.
    please give me a quotation of costs, and procedures that I have to do.

    thank you!

    Leanne
    r

    Reply
  145. Nichole

    I married a foreigner on 1990, few days after the wedding he left for the states and no more words from then until now,,,nowhere to be found,,how can i file an annulment?

    Reply
  146. Mv gyver1174

    dear atty Fred,
    i am writing in behalf of my sister, what is best solution with my sisters marital problem.. Her husband was living with another woman as of today and got i child. He is not supporting his daughter with my sister anymore . my sister is in abroad and have a property that she still paying monthly. Her husband shared for only two months payment and now they wants to be separated or annulled, but her husband is looking for a half share in the property. is there any way to not benefited her husband with the property? what is the case that my sister would file against her husband for abandoning them. my niece is in our custody she’s 10 y.o now. Is RA9262 can be file against her husband? please tell us what is the best way. her husband is torturing her in the net conversation.
    looking for your favorable assistance.
    Thank you very much.
    nan

    Reply
  147. Tracy

    My husband left me 2 years ago, but he is back after the help from dr.mac@yahoo. com, my marriage is restored!!!!!!!!!!!!!!!!!!!!!

    Reply
  148. Hanzel joy

    I was married this january 12 2017, then i left Philippines January 14 2017, but it indicates in the nso certificate that we were married January 17 2017 wherein i am not in Philippines anymore that time. Our wedding was just signing papers and thats it, no parents or relatives involved just two of us and the pastor, the witnesses who signed as witness i dont know them and never saw them. Now i don’t have communication with the man already bacause of his bahavior i decided to seperate with him. He became violent and unrespectful. How will i deal with this? I am working now in USA can i file a divorce here?

    Reply
  149. Jhen

    Dear Atty.,

    I would like to ask if there is a relative effect in work if the one who will file for an anullment case is the husband who is a supervisor or the wife who is a teacher? My boyfriend already wants an anullment and he wanted already to file. Sabi ng wife niya, siya nlng daw magfile ng anullment para yung psychological assessment is about lang sa boyfriend ko at hindi sa kanya. Pag yung boyfriend ko daw kasi ang magfile baka maapektuhan yung current work ng wife niya na teacher pag ang psychological assessment ay tungkol sa wife niya. Please clarify po. Thanks

    Reply
  150. Maria

    Hi Atty.
    I’m a Filipina who got married with a American guy here in Philippines in civil wedding but not in US… Me and my husband separated after 2yrs. Of marriage and we have no communication eversince. But the last thing he said was he got no problem in US cause he is still single there. That, i felt so unfair… My question is can i use his reason to file for annullment? Thank you and more power.

    Maria

    Reply
  151. Mary Jane

    Good Day!! i read some of the questions here regarding the annulment so i get interested i want to know what do i have to do. filed a case against my ex husband bygamy after knowing that he’s still married with the first wife, i wanna know if i’m the second wife i am sure that it is not legal in our country so it’s void, what should i do to be totally annulled anyways our marriage is not legal.

    Reply
  152. Kris

    My sister-in-law left my brother and their 6year old daughter in 2005. After a few months she got pregnant in FRance by a man she met there. NOw she has 2 kids by the same guy. They have no communication since then. She also doesn’t communicate with her daughter. We only knew things about her through a friend who is also in Paris, and we see pictures in Facebook. Now in 2017, My brother met a girl who wants to marry him. Can my brother have the previous marriage annuled?

    Reply
  153. Naj

    Hi
    Im planning to file for annulment but my problem is when i asked my ex for our original copy of marriage certificate he refused so i went to local registration office for copy but they doesnt have any copy same with nso. Please help me what should i do?
    Thanks

    Reply
  154. Robert

    I got married with my wife 2008. But the problem happens coz the marriage certificate has a discrepancy because there is a lack of my name. I have 2 first names but in the certificate it’s only 1.
    but this year 2017 I found out that my wife had an infidelity before we got married at that time our son aged more than 2 years old. She never told about it before we got married, but now she did after living for more than 6 years after the wedding. Would that be a ground for Legal separation or annulment?

    Reply
  155. Jonah

    Hi, I would just like to clarify if it is possible that my man was married for 5 years but he haven’t seen her wife for 4 years due to the reason that she has another man. Is it possible that he can remarry?

    Reply
  156. JuLY

    I was married for 19 yrs and i filed for annulment 2013 since im working abroad i got the court decision only last year of nov.and my problem is i cant process for my name annotation from the LCR to the NSO because my date of my last marriage was not the same date written on the decision of the court then my lawyer did’nt do anything about it.pls i need your advice and need help on what to do.i’ve been always trying to talk to my lawyer but his answer is only for me to wait and until now the same answer he gave me..thank you

    Reply
  157. Melanie

    My husband and I have been separated for 5 years, not legally though, and he is currently living with another girl, and they already have two kids. And I want to move on with my life. Is this a possible ground for annulment? I dont want to file any case against my husband because we both made the decision and agreed on this. I would appreciate if someone would help me on this.

    Reply
  158. Elijah

    hi. im 23 years old now. We got married when Im 18 years of age, my parent arrange the marriage because im pregnant that time and i have no choice just to nod. it can be a basis for an annulment? thnk u for the response

    Reply
  159. pattyaustria

    I am married since 2004 but I separated with my husband since 2006. From then on we did not have harmonious communications nor settlement for child support. He is living with his boyfriend now. Can I considered qualified for marriage dissolution and remarry again???

    Reply
  160. Ivy

    Hello I need help..
    I’m married to a foreigner our marriage is civil marriage, after our marriage he never show up and that was 2011 until now or almost 7years he never show up nor never support me.. What should I do..?

    Reply
  161. Melody

    My husband (who is a Filipino canadian citizen) wants to ended up our relationship because we are always fighting and decided to finish everything in our relationship after 2 weeks since we did not contact and talk to each other. He also said That he already push his limit because im too dominant in this relationship and he can’t take it anymore. Is this already a sufficient reason to file an annulment? I dont want to go through separate but im afraid That he will do it. Please help im here in philippines and he is in Canada.

    Reply
  162. Julie

    Hi. I was married with a Filipino in the Philippines and got it annulled. Now can I marry another nationality in the Philippines itself?o
    Thank you

    Reply
  163. PCA

    I am planning to file an annulment. I have a few questions:

    My husband abandoned us 4 years ago. I intend to purchase a house and have savings in the bank. Am I obliged to split the assets I obtained from the time he left us once the annulment is granted?

    Prior to our marriage, my husband had a child with his ex-girlfriend. My husband signed the child’s birth certificate and is using my husband’s last name. If our marriage is annulled, will the child be considered when they start dividing our assets ?

    Reply
  164. Emelyn

    Hi,

    Need help for legal advise. Was married 2009 without a marriage license. The judge who initiates the ceremony was a relative of my husband. We were told and ask to sign a paper saying that the marriage license is not needed considering that we are living in together for more than 4yrs just for the reason of not needing to get the license.However, truth is, we were just together for less than 2 years. After 2 years of marriage, we got separated ‘coz I found out that he had an affair with other girl while working abroad. During our separation, I also got then an affair with a new guy and got pregnant. I know that getting pregnant with a different man while our marriage is not yet annulled is something to be taken against me. It’s been almost 7yrs that I got separated physically from my husband. Can our marriage be voided / annulled knowing that we didn’t secure any license before our marriage? If not, what will be my other option? We both wanted the marriage be ended.

    Thanks

    Reply
  165. Rino

    HI Atty. Fred;

    I entered into marriage in May 10, 1987, after the marriage, we lived in my parent’s house, but on the third week of our marriage, she tore our marriage contract with no reason at all and immediately packed her things and left our house. Can I use it as ground for annulment?

    Thank you.

    Reply
  166. Eugene

    Hello,
    Long time ago I was forced by the father of my children’s mom who is using a different name and date of birth which of course I did not know when I first met her and never told the truth to me until she gave birth and time I register my 1st daughter . My questions are is that marriage is valid even she is using a fake Identity? What are the steps that I need to do to get my status back as a single person pls? Many thanks in advanced.

    Reply
  167. CONNIE Q.ASUELO

    im 44 years old,imseperated for 13 years,and after that my ex husband never give a support fo rour 4 childrens,and since we seperate we never talk and see no more,now i got boyfriend we planning to get marry but how can i do that if im still married to my ex husband?

    Reply
  168. Kim

    How long to get unullment completed and how long can I remarry another after n Philippines I am foreign er married to filipina 3 year I married n Philippines 2014

    Reply
  169. Bernadette

    Hello, I am a filipina married to a french guy for 14 years, we got married in france and in philippines.i just found out that he was cheating on me and had a baby with other woman and he wants to divorce me…
    Can i file a case against him? What grounds?
    Also if i got divorced here in france, is is automatic that i get annuled in philippines or should i file annulment still??
    Thank you

    Reply
  170. Virgo

    My boyfriend is married and the woman(his wife) have boyfriend too is the woman still have the right to file bigamy or something to us??though she had/have a relationship.o other men???

    Reply
  171. Majel

    Hi po, ask ko lang kung paano ako makakakuha ng pasport ng anak ko, kasal ako sa kanyang ama but we are separated for 15 executive years now and both have our own new family, nakasal ako sa new husband ko when I was 7 years separated from my Ex husband without any communication or financial support from him, now gusto kong kunin ang anak ko sa abroad, hindi ko sya makuha it is because it showing in NSO that I have 2 marriage, anu ang dapat at processing na dapat kong gawin para makakuha ako ng pasport ng anak ko at makuha ko sya..

    Reply
  172. Marvin

    The Philippine law is very stupid. If the both parties want to be separated? Why not let them be. I think this law is just for attorneys to get money from people. There is no logic on this. Stupid senators and congress!

    Reply
  173. Jing

    Hello po nawa makatulong po kau sa akin… nabuntis po aq ng 17 yrs pa edad q at ngsma kmi ng tatay ng anak q since 2007-2014.. nung 19 yrs old pa po aq pinapaerma aq ng x(tatay ng anak q) ng papel pero dq alam kc on duty aq that time pinermahan q lng un pla kasal na kami… kinasal po kmi sa under article 34 po.. after a yr kumuha aq ng nbi q ksal na aq.. panu po ngyari po? Bakit naging legal po wla nmn perme ng magulang q.. kung basihan po na 5 yrs dpt nagsma bago iksal sa article 34 dpt edad q 22 or 23.. eh 19 pa lng aq nun eh… now gus2 q matanggal apilyedo nya na dla2x q kc hiwlay na kmi .hope ma2lungan nyu po aq… anu po gwin q??

    Reply

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