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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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?
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
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?
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!
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?
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.
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!
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…
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 🙁
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