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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Dear Atty.,
I am working as OFW. Last march 2009 I went for a vacation and then I got married may 2009 and go then go back again to work abroad.. on August 2009 I was so surprised to learned that my wife gave birth already. She was already pregnant with another man when we got married. I am planning to go home this year and file for annnulment but Ive learned that a few weeks ago she left the country..
Atty is there a chance for me to file for annulment even if my wife is out of the country? does her signature necesssary in order for the annulment to proceed? I know she doesnt want to cooperate.
Please help me Atty. I want to hear yor views regarding this matter..
thank you so much.
I meet a man in the internet but was married, I did not know about it over the internet. and when i meet him first personally he tell me the truth, but his planning already on getting a divorce before he meet me. He has no kids by the woman he is married to for the last 6 yrs…..He is a foreigner… He worked in the Middle East…..Now his wife is treating me…I want to know if she has a real legal threat she can bring against me!!……??……. Please i need to know.
I meet a man in the internet but was married, I did not know about it over the internet. and when i meet him first personally he tell me the truth, but his planning already on getting a divorce before he meet me. He has no kids by the woman he is married to for the last 6 yrs…..He is a foreigner… He worked in the Middle East…..Now his wife is treating me…I want to know if she has a real legal threat she can bring against me!!……??……. Please i need to know.
Hello,
I have question, Madali po bang magpa annul kapag may kakilala ka sa gov’t. Kasi yung ex-wife ko ay sinabihan ako na mag annul daw kmi at sya ang bahala kasi yung bf nya is working at the gov’t…Salamat po
Hello Atty,
Please help me!!!I am in the process of obtaining an anullment. I tried to start it this time last year but the laywer I was using just victimized me..
He took my money and did nothing.. I am in the process of trying to find a respectable attorney that has high morals and ethics.. I would like to know the the time line and all cost of a annulment with your firm. And would like to pursue the quickest most cost effective way to finish this process..Thank you so much..hoping for your reply as soon as possible..My email is raynmeriam@yahoo.com
Sincerely,
Raynmeriam
hello, just wanna ask. is there a chance for a contract to be void if one side of 2 parties has no parental consent that there was a wedding that appeared and that one side was not in a legal age when the wedding had happened?
Hi, my husband ended a 1 year affair with his mistress. The mistress being bitter, texted me about them. I forgave my husband and told the girl to move forward. After 4 weeks, the girl texted me she’s pregnant.
Can the mistress sue my husband if denied support?
Can i sue the mistress if she starts making trouble for us?
If we agree to child support, when does it start and who states the amount of support?
If after dna test we find out that its not my husbands’, can we file a case against her?
Dear Atty,
Hi..its my first time here. Anyway, Ive got few questions and I was trying my best to find the answers to every post here…but I guess I found it but not fully understood it…
Question 1:
Is it really possible to obtain a marriage license even the couple didnt apply for it? (personally) — I went to the local municipality 2 weeks ago to ask about the authenticity of our marriage license coz me and my “husband” didnt apply for it. And the personnel there told me that they really have “persons” who get/obtain license from them. If that so….is our marriage license valid?
Question 2:
If ever the marriage license is not valid, what should I file…annulment or nullity?
Thank you so much. I hope to hear from you and for me to have clear answers about the issue –legally based. Thank you so much.
Good day Atty.!
I think this case is interesting for all. My present bf has a one yr old marriage to a previously married girl and who is older than him of 8 years. She has two kids. My bf wanted it to annul becoz of the following grounds:1.)She was ligated then before their civil wedding (and he wanted to have his own kids in his blood)2. The papers of the girl during the two-day preparation of their wedding didn’t reflect that she had a former marriage.And he just felt mercy and he was just confused of this decision that he thought this could make things well but he was wrong then!.3) Constant arguments between them were already happened and accdgly, it came up to a point where the said wife pointed him a very deadly knife that made him to flee form the area.4.) His parents knew nothing about this undertaking because they are really against of the girl.(He is above 25y.o. now)…Both of us has name to protect in the society.I just like to ask for an opinion from the desk of the attys about the strength of this annulment plan. Do you think the outcome of this petition if file will be in his favor? and be annulled immediately?
Thank you so much. We hope to receive your comments atty.
Please help.
My partner is planning to file an annulment with his wife who is now in Australia and married an Australian guy, my question is can this be ground for annulment?