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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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?
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.
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
Can an annulment case be filed anywhere in the philippines? Or it has to be in the place of marriage?
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?
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.
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?
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
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?
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 .