A petition for annulment may be denied for a number of reasons (see Grounds for Annulment of Marriage). We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code:
1. NO PARENTAL CONSENT
This covers anyone who was eighteen (18) or over, but below twenty-one (21) at the time of marriage, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party.
| Who may file the action | Time frame |
| The spouse whose parent or guardian did not give his or her consent. | Within five years after attaining the age of twenty one (21). |
| The parent or guardian or person having legal charge of the minor. | At any time before his/her child reaches the age of twenty one (21). |
2. INSANITY
This means either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband and wife.
| Who may file | Time frame |
| The sane spouse who had no knowledge of the other’s insanity; by any relative, guardian or person having legal charge of the insane. | Any time before the death of either party. |
| The insane spouse. | During a lucid interval or after regaining sanity. |
3. FRAUD
The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
| Who may file | Time frame |
| The injured party. | Within five (5 )years after the discovery of the fraud. |
4. FORCE
This covers a marriage where consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.
| Who can file | Time frame |
| The injured party. | Within five (5) years from the time of the force, intimidation or undue influence disappeared or ceased. |
5. IMPOTENCE
This is a situation wherein either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.
| Who can file | Time frame |
| The injured party (the one who is not impotent). | Within five (5) years after the marriage. |
6. SEXUALLY-TRANSMITTED DISEASE (STD)
Either party was afflicted with a sexually transmissible disease (STD) found to be serious and appears to be incurable.
| Who can file | Time frame |
| The injured party. | Within five (5) years after the marriage. |
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Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part I, Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.
I am married to my wife for 7yrs now.and im currently resides here in the states, Virginia.she has a daughter which is not mine.we got married on Mar.25,2004 after she gave birth.but her daughter is under her name not my family name..i haven’t seen her for a long period of time because im on and off for work.i dont a stable job.Now things have changed i dont have this feelings anymore for her.i called her and i say i want to file for annulment and we both agree with this situation..i just need to know that do i have to go back to Philippines to file for annulment? or either way i can file annulment here in the U.S? how long is processing? and what are the fees? atty fees? I am hoping to hear some expertly adviced and answers regarding this matter. thank you!
sincerely,
Gio28
fr.Alexandria VA.
it must be filed her in the philippines. however if the ground of annulment is fraud (by concealing that she was preganant at the time of your marriage to another man or that the pregnancy is not evident, however if the pregnancy is evident at the time of marriage, it is not actionable since you have the knowledge of such fact) it must be filed within 5 years from discovery. if it is beyond 5 years now from discovery, you loss the opportunity to file annulment case with your wife.
HI.I’m married for 12 years. But my marriage wasn’t a successful one and now I want to get annulled with my partner. 3 years ago, I verified the validity of my marriage license in Imus Cavite and found out that the license# written in my marriage certificate has no record on file according to the staff in charge.
Does this mean that I have a valid ground for annulment of my marriage? If so, could you please give me the steps on how i will file the case and for the child custody, I want to know where they will go after the marriage has been annulled.
Absence of formal requisites is VOID AB initio – Marriage License is one of the formal requisites.
You may file for petition on declaration of nullity, secure from Imus Cavite a certification of no ML record.
hi.im married for 7 years ..but my marriage is not succesful also..and now i want to annulled it. we have daughter shes going to be 7 yrs old now she lived with me cos he never want to support our daughter we almost separated fr 4 yrs already…he have a new livein partner and i dont mind about it thats hes life..i want to know if how much its cost fee to annul my marriage?and how long?i talk with some attorney here they said not more than 6 months but its very expensive…and dont know if they a good attorney too so still im looking for an attorney that can help me…tnx i really need your answer
Annulment case takes a long time to be processed – you need to have grounds to annul it which can be:
1. aged 18 – less 21, w/o the parent’s consent
2. Insanity
3. Fraud
4. Vitiated consent (force, intimidation, or undue influence)
5. Physical incapacity to consummate marriage
6. STD
And there are prescription – 5 years from discovery / or when situation ceases.
There are cases that grounds presented are for legal separation only. It would be better if you do some research as well , to guide you in looking for best actions to take.
Thanks.
Good Day Atty.
tatanong ko lang po kung pde mawalan ng bisa yung marriage namin nung ex ko.. kasi we were 20 that time kaya we decided to make arrangements. kumausap kami ng mga ndi namin kilala na tao to pretend that they were our parents to be present during our civil wed. now, hiwalay na kami and we are living separately. ano po kaya ang pde namin gawin para mapawalang bisa yung contract namin? thanks. i appreciate po kung email nyo po ko directly to yaj_20@yahoo.com thanks..
Dear Attorney,
I am a filipino who’ve been working abroad for many years, and I was married to a Filipina woman and we got 2kids but because life in abroad is not that easy as we thought. I do my duties as a father, I sustained their needs financially. I became an OFW since 1999, I returned back home year 2001(just vacation).
That year I got rumors from my neighbors when I was in that they saw my wife having affairs with someone else and I my-self reads many text messages when she forgotten her phone at home. Still I don’t believe my neighborhood as I don’t see the real happenings by my eyes it’s only a text messages. When I returned back abroad I called my housemaid at home to check the situation of my kids as I have deep doubts, but she mentioned first that my wife is having someone else at home and she don’t give attention to our children! I have decided to have separation with her since that time (2002), the year 2003 I went back home to close my relation and affair as her husband.
My kids are with her now but I am not sure if those are mine because I discovered that before I got married to her she has child from someone else which I never knew before marrying her but I don’t want to go back to her past. I am eight years now separated from her and I am now married to a girl from Europe without kids yet and my new marriage was in Islam and it was in Philippine as well, we both embraced Islam before the marriage.
Attorney, I applied a family reunification visa to my new wife but I got denied as my previous marriage shows on record. I am confused now as I do not know which of my marriage is valid and how can I be with my new wife. I can’t live without my new loving wife I love her so so much. I really need your opinion and advice attorney, please help us….
GOD BLESS!
I will be much thankful for your kind and soonest response.
Remain,
good day atty,
I was married Nov.2000 left to work abroad Jan.2001.Unfortunately on may of the same year my hub found another woman when I was away and married her under Islam rite. What must I file?I want to remarry,we both have lives of our own but I want to get married in church.please help. thanks a million
Dear Attorney,
Good day!
I just want to ask, I have a boyfriend kc whose 5years separated from from his wife. They are already planning to file it in court for legality. The children are all living with the mother, but with the financial assistance of their father, my boyfriend. I am just bothered, is it possible for them to be annulled? Me and my boyfriend are already planning to settle down, the same way with his wife and with her new boyfriend. If possible, how long will it take, and more or less how much will it cost?
Hope you can help me, I am really bothered because I am single, and I want to our marriage become possible.
Thank you.
jenny
Dear Attorney,
i am 33 yr old of age, male, was married at my age of 20,in that case i need a parents’ consent for me to be married…that time my father did not attend the wedding in some reason, so we planned to put someone that will act and signs the documents needed in replacement to my father…that was 1991….as of now my wife and i are separated 12 yrs now we have a legal one daughter 13 yrs of age. and she has a baby boy to the other guy,….we both agree to this and no problems on both sides………..now my concern is i want to me annulled and she wants also both side will be cooperate as process….now my question is..How much is the cost, and what grounds can we use to proceed the case…and we have a very limited budget…or do you have any advice so that we can proceed? And I am bothered that maybe my wife will ask an amount and saying that the annulment is on process but not…and at the end she will just say its been denied…please advise me for any suggestion ..partialy she is asking me 50k and as she told me the total cost will be 150k..
Thank you.
belre
Dear Atty,
I am seeking for a legal advise. I’m married to a jobless husband for 18 years now. He has been in and out of the jail for cases of drugs for 10 years. No support for my kids for 12 years now. He is threatening us verbally. Please help me on how I can start to file annulment case for him, in what grounds?
Dear Atty,
Greetings!
I am 26 years old, a single mother. I am seeking for advise about the situation of the father of my daughter. He’s married to a Brazilian woman here in the Philippines (civil wedding), unfortunately their marriage was not successful. The woman leave him and live with other man. She has a child with the other man. Unfortunately, the same happened with us he got a child from me.
Now, they agreed to file for annulment, what are their grounds to proceed? How much it cost? How long will it takes?
Hope you can help me, Atty., because we also planned to settle down, I love him and he love me, too. We have our daughter already. We want a church wedding someday and have a blessed family.
Thank you so much, Atty. I am hoping for your legal advises.
God bless!
Sincerely,
Ann
Dear Atty,
I was married in year 2001 and got pregnant the same year.After 3 years his mother wants him to go to japan(his sister is leaving there).June 2003 he lives with a tourism visa(for 2 weeks)and i was pregnant with our 2nd child.The first 9 mos. was good we have a communication and the financial support.When my youngest turns 1 year old the communication was gone and the financial support.Now my youngest child is turning 5 years old.I just want to ask you sir if what are my legal rights for the custody of my children?What if one day he appears and get my children to me?My eldest is already 8 years old.What about our marriage is it considered abandoned? Please help me.Thank You.
Sincerely Yours,
lyledarci
Dear Atty,
I have the same dilemma as others have. I want to know how will be the process of annulment. I am currently living in Tokyo. I got married when I was 19 yrs. we have a son and they are together. They leFt me here in tokyo and she follow her dreams to live in usa. In short she chose usa and leave me here in tokyo. Now we are separated for 4 years and I decided to annul our marriage because it is not working anymore.
Please advise.. I don’t mind to go back to phil and meet you and clear out m marriage.
Please help
Dear Atty.,
I am 29 and have a boyfriend who is separated from his wife for 7 years, technically speaking, they’re still married (civil marriage). The wife is abroad and just recently their two kids joined her there. The wife is happily in relationship too with a foreigner. She and my bf are already into working on their annulment. We all just want to start anew, much to me and my bf who are also planning to start life a together. How long will it take (the fastest) and how much will it cost? Thanks.
Dear Atty,
Good day!!! My boyfriend who is separated from his wife has already filed a annulement case. they were married at the church. if the the said case will be granted…can i and my bf be married at the church? thank you and More power
Dear Atty,
Thank God I found this site and I pray you will be able to help me with my queries regarding my annulment case.
I filed my annulment 2008 as NONE APPEARANCE before I went back working in Thailand as a caregiver..the following year, it was declared ”annuled” BUT the problem arise when I was about to register it in the place (Florida Blanca, Pamp) where I had my ”church wedding”, when the Civil Registrar said he cannot register it because only the ”church wedding” was annuled and nothing was declared/stated about my ”civil wedding”..he said, there should be a decision on both rights (church and civil)..
I went back to the person whom I entrusted the filing of my case and she said because I did not submit any evidence about my civil marriage..Granted, that I did not submit..In the first place, she did not tell me to do so and though I did not submit any legal papers, there was an attachment INFO on the side of my ”Marriage Contract”stating there that I was married in civil rights on this date and year…so why then, they did not see this?…I was asked to submit all legal papers regarding my civil wedding..After I complied with all the necessary requirements,she submitted it again in RTC Branch 7 in Paniqui, Tarlac for ammendment but I was told that I will have to wait because the Judge is on vacation that time..I waited, ok ! but up to this time, I got NO ANSWER..The last time I talked to the person I entrusted my case, she said I was the cause of the delay and that she wanted me to go personally in Paniqui to inquire because she was busy herself..WHY, ME?..i don’t even know anyone there, besides, I entrusted her to work on it ..I paid everything she asked me to pay and this is what I got…I waited for the longest time..I have been separated for 10 yrs now and I believe I have the right for my own happiness since my x husband already has his own family with 3 grown up kids in which his eldest was even older than my youngest daughter, only to prove that he was already having an affair even during our own marriage.
Please help me ATTY..I am no longer working and I was just an ordinary servant of God in JIL..I spent almost my earnings to get my annulment and until now I haven’t got my case done..I will appreciate your kind office in whatever help you can extend to me.
Thanks and Godbless….Mench
Dear atty,
Hi i am may and i got married year1996 i was a 4th year college student that time. We had a rape case filed and the defendant’s family made a settlement which is to get us married so that case be closed. I was very much confused of the situation that time and the ceremony happened in manila city hall. I was in astate of shock and unstable mind since it was just agreed by my mom and the defendant mother. We never cohabit since the day of the marriage till now. My civil status since and till now is single. How can i be able to have an annulment? Please i need help.
Dear Atty,
I want to seek an advice regarding my case, it was 2009 when my ex-husband filed for annulment.we were convinced by the lawyer that the case will just take a year. The problems was during the case process hindi umattend ang ex-husband ko until one day he got a result na ang case was rejected. Was it the reason kung bakit nareject? or was it lawyers fault? Then i heard also na hindi na sya pwedeng mag file?and that means, ako na ang mag aayos. If so, what would be the best thing to do po kasi i’m working abroad and gusto ko na rin matpos, kaso ayoko naman umuwi often para makattend lang ng hearing kasi magastos din sa part ko yun.
I hope you can help and thank you in advance.
good am atty.,
my problem is,…me and my husband separated for 6 months, coz he is abroad and i am here in the philippines,.i heard a lot of rumors that he is involved in other woman but i didnt bother,..until such time that he was already giving me less allowance than im expecting,..its getting smaller and smaller,..i asked him…are having an affair??? of coursed he denied,.. i test him,..”ok since your not trusting me here together w/ your daughter it will be better if we both get separated”,..he replied “ok,.kung yan ang gusto mo”,. i was shocked but i tried calm down accept whatever we’re dealing with,. untill finally he went back in the philippines,.. it took almost a month to arranged everything,. but now he is starting to do things that i really dont like,…he screw up my things,.. like my bag my cellphone,.all of my things…he is not trusting me again,.and im sick and tired adjusting myself…while he dosnt bother that i am already irritated of what he is doing,.
i want to get separated by him,. what are the grounds that can be apply here,..and what are my rights for getting separated,.
im looking forward to your answer atty. tnx
Dear Atty,
Good evening,I just want to ask regarding to my case with my canadian husband.I was married when I was 18 yrs old last july 2007, b4 we got married he told me he got vasectomy but it is just reversible and when we wants kids he can go to Dr.and fix it back but right after our civil wedding he told me /asked me if I can learn to love the baby if we will just adopt what I heard was not so nice to me as I want to have my own kids but then I still accepted the fact as I have nothing to do as were already married.The following month after we got married he went back to his county and never comeback ever since then.He supported me here financially until last May 2010.I tried to contact him but I don’t hear anything from him until now.Am now 23 yrs old and I can’t live a life like this for the rest of my life.Please help me what should I do or what ground I can use to file an annulment against him.Thank you!
Sincerly yours,
LEN
hi! my marriage license was issued week after my 18th birth day, and i was married the day after my 18th birth day… can this be used to file a annulment???(for example: my birthday is nov. 26 my marriage license issued nov,19 and ive got married nov.27)…
I am hoping to hear some expertly adviced and answers regarding this matter. thank you!
sincerely,
mrs.D
Hi,
Im erica 27, i just got married last year of january, our relationship is not good before we got married,in short there is no love at all. We where just married because of our parents decision. Our marriage was really unplanned and in fact we just process our papers for 1 week before we where arranged for marriage. Now after 4 days of being married, i went out of the country which is in Malaysia to work as OFW. Ever since i stepped in Malaysia we started fighting, and we are really not in good terms, and after that-no communication at all. I was told that he went in Morocco to work also as OFW. Our marriage is totally messed up and we really dont want to continue this any more. Can you advice me what to do?
On February 12, 2010 a petition for Annulment of Marriage was filed praying for the declaration of nullity of marriage of Maricar Balagtas to Jayson Guerrero.
On April 28, 2011, the Regional Trial Court of Bulacan Branch 17 issued its Decision stating that:
WHEREFORE, premises considered, judgment is hereby rendered declaring the marriage between petitioner, MARICAR BALAGTAS-GUERRERO and respondent JAYSON AQUINO GUERRERO void ab initio with all the legal effects thereof, pursuant to Article 500 of the Family Code of the Philippines.
The Office of the Solicitor General filed a motion for reconsideration seeking for the dismissal of the case for annulment. We filed an opposition to the motion for reconsideration of the Office of the Solicitor General.
On March 27, 2012 the Regional Trial Court of Bulacan Branch 17 denied the motion for reconsideration of the Office of the Solicitor General.The denial of the motion for reconsideration is in effect upholding the decision annuling the marriage of Maricar Balagtas to Jayson Guerrero.
The Office of the Solicitor General appealed the decision of the Regional Trial Court of Bulacan to the Court of Appeals. As a result of which the decision issued by the RTC of Bulacan will not attained finality but instead it will be elevated to the Court of Appeals for review. Unless reverse the decision of annulment will stand.
In the meantime, we will await for the order of the Court of Appeals for us to file our appeellees brief.
Any thing could help me about this.. i really wanted to do it fast, im planning to go abroad with my new bf and my son but still i have this problem, is anything legal possibility could this be fast and how much? please i hope to got your response.. my email is maricarbalagtas@rocketmail.com…. hoping to got immediate response..
I just would like to ask if my spouse will file an annulment and i will not response to his application would i oblige to response even i dont want to agree? Thanks
hi. atty. tanong ko lang po anu po ba magandang gawin para mawalan ng bisa ung kasal namin ng wife ko? civil lang po ung kasal namin b4 at that time kaya pinakasalan ko cya she was a pregnant chaka matatanggal cya sa trabaho kaya pinilit ako ng tatay nya na pakasalan sya. hiniwalayan ko sya sa maraming dahilan.. 3years na kaming hiwalay. i have a new wife now and gusto ko cyang pakasalan…i hope atty replyan nyo ung katanungan ko…para alm ko kng nung dapat kong gawin..my new wife is willing to w8 ..tnx A LOT n GOD BLESS YOU…
Dear Atty,
How are you? just wondering if a friend of mine can file a annulment if he is not with wife anymore its been 4 yrs now no communication or whatsoever. what can you advice with this situation and how long is the process of annulment?
Dear Atty.,
My brother has a wife for 10 years now. He was only 20 the time he is forced to married to the woman because the woman was pregnant that time. The woman is 6 years older than him. He told my brother that they need to be married because he cannot graduate from college and she needs it because she will be going abroad. My brother also live and work in their business because we were so poor, he cannot survived without the help of the family of the woman. My brother said “yes” because of the promise, despite he never loved the woman. As, time past my brother waited but the woman didn’t go abroad and it ends up my brother was not able to help his family. My brother is the eldest of our family and our parents got separated that time during the process of marriage. My brother agreed because he was desperately want to help our family, so he thought that if the woman could go abroad she could help a lot to support their child. Since from the start they never have a harmonious life. My brother supported their child very well from the start. Now, my brother fall in love with a woman and she got her pregnant. The woman never new about that my brother is married. Only she knew is he has a child from another woman. My brother wanted to be annulled with his wife because he is in love with this another woman and want to marry her and be with her for the rest of his life. I hope I could hear your opinion regarding with this serious matter. He really love this woman and want her to be his legal wife.
Thank you.
Sincerely,
Michelle
Atty:
Kinasal po ako 3 years ago, and I found out that my wife has an affair with her guy friend, may komprontasyon pong nangyari and she admitted naman po yung relasyon niya don sa lalaki, we decided na maghiwalay na last March 2011, and sa kanya po naiwan yung anak namin who is 6 years old now. Sa ngayon po buntis na sya sa kinakasama niya . Ngayon po i am planning to file an annulment, maari niyo po ba akong matulungan regarding this, wala po akong malaking pera but i hope you could still help me about this.
respectfully yours’
Rama
Dear atty. by the im marianne from cavite po paano po ang process ng annualment kinasal po kami sa west dito po sa munisipyo ng bacoor tapos po naghiwalay po kami nung 2011 ng february yung tatay po ng anak ko dahil po sa hindi niya po kami kayang buhayin sa umpisa napilitan lang po siya makasal kami para lang po magkapangalan ang anak ko at hindi po niya kayang sustentuhan yung anak niya . Tnx po hope po matulungan ninyo ako
Dear atty gusto ko malaman din kung pasno po ang process ng pagpapalit ng spelyido ng baby ko tnx po
Dear Atty,
I heard rumors that filling annulment would cost big sum of money, can I ask how much it will cost? I am not that rich that I can afford that sum of money is there an alternative for us who can’t afford that huges sum of money?
Best,
Giobel
Hi Atty,
I have a partner who is married..and we are now desperately looking for grounds on how he can file for annulment…
He is married for 18 years..though he only stays home 2months in a year ..the marriage continues though there is a mutual understanding between him and his wife that the marriage continues for the sake of children..
Now..things gets worse cause the wife is planning to file a case or disagree to put the marriage into end…
What’s the best thing we could do?
Atty,
I am married to a filipina who was already married. Cenomar was obtained due to a error in NSO system. Three cenomars ro be exact. These were obtained in Tacloban nso office even though nso manila had a certificate of marriage on exactly the same informaion, Name, date of birth, parents names. A check using SM Santa rosa produced a marriage certificate. Married in Bulacan to a Filipino four years ago
My question is can I file a petition for declaration of nullity of the marriage and how long will it take to become single again? What proof do I need.
Good Day Attorney!
I just like to ask if I can file a legal separation or annulment to my husband. Last Thrusday, nahuli ko sila ng kalaguyo niya sa parking lot ng workplace nila. Sa confrontation na yun, nasaktan niya ako. Ilang beses na rin po akong nasaktan lalo na kapag lasing siya. There are also times na nananakit siya infromt of our daughter.
For this grounds, is it better to file an annulment?
Thank you in advance!
Good morning po atty. Hingi po ako ng advise regarding sa situation namin ng fiancé ko.
Na meet ko po ang fiancé ko 5 years ago. Sinabi nya sakin umpisa pa lang nung niligawan nya ako na married sya pero nag cheat sa kanya ang wife nya at nagkaron ng anak sa ibang lalake. Nagtatrabaho po kasi sa USA ang fiancé ko kaya nagkaron ng karelasyon ang asawa nya na nasa pilipinas. Dahil sa pangyayaring yun, naghiwalay silang dalawa (totally walang connection/communication). Nag imbestiga ako sa hometown ng wife nya and na find out ko po na dalawa na po pala anak nung babae sa ibang lalake. Pati mga taong nakausap ko alam po nila ang nangyari sa fiancé ko at ng wife nya. Nabanggit din ng mga kamag anak ng babae sakin na gusto na rin nung wife ng fiancé ko na ipa annul ung kasal nila para mapakasalan nya ung lalakeng kinakasama nya ngayon.
Kahit po nasa America ang fiancé ko, wala po siyang naipon dahil nabaon po siya sa loan and credit cards nung sila pa ng wife nya. Wala pong sinisekreto sakin ang fiancé ko pati bank accounts nya binigay sakin ang password online kaya nachicheck ko din kung magkano lang talaga ang pera na natitira sa kanya, in short, sa tingin namin di po enough yung pera para mapa annul nya yung kasal nila.
Pero dahil po nagging American Citizen na sya ngayong taon, gusto na po nya akong kunin at dalhin sa America. Nag woworry po kami na dahil di pa annul ang kasal nila ng ex wife nya eh maging problema po namin yun pag kukunin na nya ako, baka nga po masilip ng embassy na kasal sya sa pilipinas.
Willing naman po yung asawa na I annul ang kasal nila ng fiancé ko ang problema lang namin kung magkano kaya (kahit estimated amount) po ang dapat naming ihanda para matuloy ang annulment nila. And since na both parties po eh nag aagree sa annulment, gano po katagal yung proseso?
Sana po matulungan nyo kami. Maraming salamat po atty.
Dear Atty,
I am a Filipina and I met my Filipino husband in UAE in Year 2007 and we got married in Dubai Consulate in 2009 . When he brought me home to his brother’s house I was not accepted and was forced to live alone in a rented room while my husband continued to stay with his brother. For 1-3 months we had communication but days passed and he just lost communication with me. I went to his work and his house but he doesn’t want to talk to me and he even changed his mobile number! Eventually I also lost interest in him. Im still here in Dubai and I heard that he is still here but have no contact since year 2009.
Can you please let me know if I can file an annulment in this case.
a pleasant day atty.
gusto ko lang po sanang malaman kung ok lang ba na magfile ako nang annulment complaint kahit wala na o hindi ko na makita at macontact yong dating husband ko na pinakasalan ko nagpakasal po ako noong 2007 sa isang foreigner pagkatapos ng ceremony binigyan nya ako nang 20,000php umuwi na po ako at walang honeymoon na naganap magmula noon hindi na po kami nagkita hanggang ngayong taong kasalukuyan may boyfriend po ako ngayon at nais na naming magpakasal subalit pagkuha ko po nang cenomar ko sa nso nakita ko po na nakaregister pala ang aking naunang kasal maaari po bang mainvalid ang nauna kong kasal? ano po kaya ang maganda kong gawin para maituloy namin ng aking boyfriend ang binabalak naming pagpapakasal umaasa po ako sa inyong advice maraming salamat po.
itatanong ko lang po sana….kung may posibilidad na ma annul ang kasal namin nang nanay nang anak ko…ikinasal po kami noong june 2012….isa po akong ofw…hindi na po kasi kami magkasundo….lagi na lang po pagdududa at mga salitang walang saysay ang madalas kong matangap sa kanya mula,tawag sa telepono at txt sa cell phone,at kung minsan may pagmamalaki pang pakikipaghiwalay….hindi na po magnda ang pang araw araw na gawain,sa mga salitang lagi kong tinatangap….sana po matulungan nio ako….salamat po!
dearest atty
I need your help I need yo annul my married to my ex husband were seperated for 15 years we font have communication since then until now I work hard for my kids I have 3 kids from him were married in municipality of mandaluyong
thanks
Pretty! This was a really wonderful post. Many thanks
for supplying this information.
Hi Atty. Fred, gusto ko lang pong mag share ng story and to ask na rin po ng advice. I found out last 2010 na nagkaron ng babae ang asawa ko pero pinatawad ko nung sinabi nya na iniwan nya na ito dahil sa sobrang pagmamahal ko sa kanya. Palagi sya nun umuuwi ng late, nakainom at pinapatayan ako ng CP kapag kasama (daw) ang barkada. After nun, naulit uli last December 2014 pero wala akong matinding proof. Nakikita ko lang na naka online ang girl sa CP nya (ibig sabihin alam nya ang username and pw ng girl o kaya naman nakikigamit ito sa kanya) and naconfirm ko nung may snapshot ang girl sa gallery ng phone nya during marathon last april 2015 and nagtag pa ito sa FB nya ng mga photos na magkasama sila. Pero syempre nagdeny ang husband ko. Since January paranoid na ako then stressed and I’m undergoing therapy simula June until now dahil nagkaron ako ng stress related na sakit. Sa madaling sabi, puro pagdududa lang ang hawak ko.
Kahit nakakahiya, isasama ko na din ang negative side ng story ko. Dahil sa sobrang inis ko sa husband ko, naghanap ako ng paraan para maexpress ko ang nasa loob ko dahil di ako makapag kwento sa mga kaibigan ko, pamilya and mga katrabaho. Ang nakuha kong libangan ay ang chat hanggang may makilala akong lalake na nagbigay sa akin ng importansya. Nagttxt kami ang naguusap sa phone not realizing na cheating na din ang ginagawa ko. After 3 days of chatting, texting and calling, there is this feeling na parang mahal mo na. People will not believe me but I felt it. Sinabi ko agad sa husband ko dahil ayoko magtago ng matagal, di ako sanay nang nagsisinungaling sa kanya. Sabi nya, di daw totoo ang nararamdaman ko, handa daw sya magbago. Kaya lang nung pinapili nya ako, pinili ko yung guy. Ewan ko ba pero siguro dahil binigyan ako importansya nung lalake kaya nahulog ang loob ko. Dun na sya nagwala. Tinawagan yung lalake, inaway. Kinuha username and password sa yahoo, gmail and other accnts ko, pumunta pa kami sa computer shop para pabuksan yung accnts then inisa-isa ang inbox habang pinapagalitan ako sa harap ng marami tao. I was abused verbally pero hinayaan ko kasi may kasalanan ako. 3 times nya rin ako nasampal dahil dun. Ang masakit pa dun pinaparinig nya sa 6 yr old daughter namin na nagaaway kami dahil sa lalake. Kaya sabi ng anak ko, ma wag ka na nga mag chat para di na kayo nag aaway ni papa. Simula din nun pinipilit nya ako makipagtalik sa kanya araw-araw and sinasabi nya na kailangan nya ako mabuntis para di ako makaalis.
The first day din na nag-away kami, di sya nakatulog. Habang tulog daw ako, iniisip nya kung ano gagawin sa akin, sasakalin ba o dadaganan ng unan. The second day, nilabasan nya na ako ng kutsilyo. Dun na talaga ako bumigay. Kahit anong tapang ang pinapakita ko, feeling ko talaga mapapatay ako.
After ilang weeks dahil na rin sa pakiusap ng husband ko, tinigil ko na ang communication ko dun sa guy pero yung feelings nandun pa din. Ang di lang maalis ay yung image ng husband ko na may hawak na kutsilyo sa harap ko. More than 1 month na po ang lumipas pero parang paulit ulit lang ang mga nangyayari. Sumbat at emotional at verbal abuse ang tinatanggap ko. Sabi nya kasi, pag nagkamali pa ako ilalayo nya anak namin.
Alam ko po may kasalanan din ako. Ask ko lang po kung ano pwede ko gawin to protect myself. May possibility po kasi na saktan nya ulit ako o pagbantaan ang buhay ko. Gusto ko sana umalis ng bahay dahil natatakot ako sa kanya kaya lang alam ko di nya ibibigay sa akin ang anak ko.
Dear Atty,
Good day, I hope you can give me advice in my situation.
I got married April 2006, even before we had our first child he is cheating on me and said that he only marry me because I got pregnant, so then he abandoned us after I gave birth and went abroad. As of now we have been separated for 9 yrs. I already filed an annulment a year ago, my ex- already signed my petition, but because of I am an OFW I cannot continue to process while I am here. I had my vacation from June til August this year,my attorney told me that she will help me to have my collision hearing, and another hearing after that, but then nothing happens. She said she cannot do anything about my case unless I stay in the Philippines to process and wait for the hearing schedule. I have my daughter with me, I cannot just leave my work. Some said it can be process without appearance because of my situation, but my atty is not that competent enough to undergo on that process. What will I do? I don’t want to wait forever for my annulment to get through. Can I change my attorney on this case, someone who can help me process my annulment even without appearance? She is my cousin, but she can’t give me any positive response whenever I ask her of this issue.
Thank you.
My bf got married year 2001 when he was 14 appearing 25 on fake birth certificate he made done from recto. His ex is 23 then and 5mos pregnant. Falsification was an idea from his ex’s cousin. He accept the idea because he is guilty that he is the father of the child. No ceremony and no parent’s consent from both of them at the time of civil wedding. The girl left him and the baby after one month of giving birth. She return one month before baby’s 1st bday. And leave again after one year. Return again after two years but pregnant from her officemate. Now he is the known father of two daughters. The girl left again. Every time she left she didn’t ask permission as if he is not a husband. My bf can’t remember any good memories from their relationship. She’s not in good terms with his mother (since his father deceased already since civil marriage) and his brothers because of her attitude. The girl decided to work abroad year 2009 until 2015. Since then they have no communication. Every time she call its for the daughters only. He also heard news that his ex cheats on him. He didn’t even know when she is coming back for vacation. They met few times only when his brother told him that his ex’s sister contact him asking permission to see their daughters as his ex’s request. The last time they met was one day of last quarter 2015 due to his ex’s request for his permission to bring their daughters with her into her far province. Of course he did not let it. Now may I ask what is the best ground for annulment in this story? Thank you
Hello there !
i am a mother of 3 grown kids.I’m 16yrs separated to my ex husband whom I marry yr 1985 and got separated year 2000 we had 3kids on my custody.. He doesn’t even give any support to my kids since then and We don’t have communication for 14 yrs. Suddenly he appeared after my kids done with their studies and got a job……..
the worst is he asked from my kids a financial support.’ I’ve no against about this anyways as long as my kids don’t complain about it. All my concern now Is how could i ge t a second chance to be with the one i want to live with for the rest of my life legally…Is it possible that our marriage is void or not valid anymore.. Can I marry again without filing annulment.. Can I have my singleness if ever even not filing annulment? If really needs to file can you give me a person who can help me do this with a short of time..Please I need ur help..Me and my bf want now to get married But, annulment is a bloody thing i’ve known and i want to know if we can afford the cost … I really appreciate all your opinions and help.. Hoping for a sooner response.. Thank you….
PS: Pls send me a response through my private email address…..
Hello-
I married my Filipino husband about 2.5 years ago. Six months into the marriage, he confessed to me about his girlfriend and that the child she was carrying was his, conceived around the time just before the wedding. Before his confession, our plan was for me to work abroad and for him to join me. However, after his confession, he neglected everything and anything to do with me- no birthday, Christmas, New Year, Anniversary greetings, sparse email replies, and no physical contact or meeting for more than two years now. We’ve been separated by my work and his cohabitation with the other woman, now for over two years and have finally decided to officially separate- by divorce as I am a naturalized American citizen.
My question goes back to Article 26 of the FC, where, if I recall correctly, the foreign divorce decree (from the US in this case), would only be recognizable if obtained with the Filipino being the unwilling party and the foreigner being the petitioner. If the Filipino is unwilling, does that mean they are contesting the divorce? My husband has agreed to the divorce because I am paying for it and it’s a much quicker process than the annulment one in the Philippines.
I want be sure that getting the (uncontested) divorce in the US will allow either of us, if registered and approved properly by the Philippine Court, to remarry in the Philippines. A contested divorce would require a longer sojourn in the US which is impossible for me due to my overseas employment. Annulment could literally drag on for years as it may be hard to find grounds for the annulment. I hope you can help me. Thank you very much.
Note: Same as the above comment, please reply to my personal email provided. Thank you.
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