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]
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).
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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
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
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
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.
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?
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
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?
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?
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?
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?