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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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!
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.
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
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
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.
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?
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.
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?
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
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