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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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.
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
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
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
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.
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?
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.
Would it be posssible?
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!@
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..