You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the ring or not (for the court procedure, see Procedure in Annulment of Marriage and Declaration of Nullity of Marriage):
1. Make sure it is the last resort. As stated in a previous post, love and marriage are supposed to be forever. Try all options, like counseling, to make it work. If there’s no progress, weigh your options. On the other side of the scale is the reality that getting into another relationship or marriage, while the first marital bond is still existing, is a sure way of courting criminal liability (adultery, concubinage, bigamy). A subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action.
2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc.
3. Discuss the custody of children, visitation rights, property arrangements and support. Custody over children and separation of properties in annulment are among the most bitter issues in annulment. As much as possible, discuss and agree on these matters beforehand.
4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go through the procedure discussed below.
5. Prescriptive period. Make sure that the petition is filed within the time provided under the law. There are separate rules for counting of the prescriptive period for each ground. [See Prescriptive Periods for Annulment of Marriage]
The procedure is provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. [See Procedure in Annulment of Marriage and Declaration of Nullity of Marriage]
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i would like to inquire may case what if i filed for annulment but may husband is i don’t know where even if he is a warrant for R.A.9262 last 2 yrs ago..i don’t have any information where he is with may son 5yrs old now
i need fast action for annulment i want to separate
legally to my wife.
HI sir i just want to ask coz i have a friend that her wife had a son to other guy during there marriage last 2004 the wife got pregnant to other guy is he had the right to file an annulment?
Hello!
I have a question because my GF is now separated to her Husband since she found out that the Husband is married to another woman. Means that the husband is married before they before their wedding with out the knowledge of my GF. As per my BF that the Church didn’t required them to provide all the documents needed. Including the CENOMAR of both parties. Now my GF is trying to get out their marriage since we are planning to get married after this is sort out. Is there anyway we could do to make this much easier. Any advice that we could do since her lawyer advised her to Get a proof that the first wife is alive and that’s enough to void their marriage. Our problem is that the First wife is not cooperating with us. Is there any other way that we could get proof that the First wife is alive with out here consent / authorization. Could we get information to local government ( NSO, COMELEC ETC )and will it be valid?
Hope for your reply! this will be a big help for us! Thanks!
gud pm po sir,tanong ko lang ano po BA IBIG SABIHIN ng “motion for leave to serve summons by publication”? base po sa post nyo mas una po yung summons before decision. may decision na po galing sa korte tapos binigyan po ako nitong summons by publication..
Atty Fred,
This would be a very long story.
I was married to a man when i was 22 and he was 25 at that time.
Before all that we went on dating for Less than a year…
And something happend. So it was obvious that filipino traditions are quite strict … so his aunt decided to tell us that we needed to get married and i needed to convert from catholic and begin my doctrines to be an Igleasia ni cristo.
So far i got baptize and with all that I know this man had been in with a 3 years relationship with his 2nd degree cousin. So far he told me and he promised there was no communication and there was nothing going on. So we decided to continue with this. no one knows. i cry alot coz i know theres something wrong womens instinct
After a few weeks away from our marriage ceremony… I caught him… I saw there was a dialed number on his raoming phone and i tried calling the phone and it was the same woman (his cousin) he is aware of that too… So i didnt blow my fuse so i asked him the same night. have u talked to ur ex (cousin) lately .. he said know. Thats when i investigated… I log in to his yahoo account and in Gods grace the lady was online so i decided to ask this lady and pretended i was her cousin talking…(long story short) she did honestly told me that yes, u just spoke to me yesterday. And a week before that… Then decided to tell the girl “hey its me his fiance”
Then she said sorry.. So i printed and piece of paper and showed it on his face! Anyways sir after that we still went through the wedding as the wedding was arranged and if I backed out he will be removed from his religious position(i dont know what and i dont care). so I left it. Now weve been seperated for almost 5 yrs i dont talk to him or get i touched with him… As i know he is a very confused and a difficult man…but he has a Girlfriend now( i know that it would happen sooner or later) anyways sir his gf keeps on messaging me regarding this issue…I left him coz i know he’ll be unfaithful to me and he is mentally unstable. There was this time which i cant forget 3 days from our wedding he asked me “can i invite her (cousin – ex) on our wedding.
please advice me what can i do to end this ridiculous problem with this ridiculous man. I just want to move on. I dont want to do anything with his gf or any piece of his retarded life. PS we never had babies. no shared properties.
His gf is asking me to pay for all the expenses of this annullment and he is also asking me to fix all this as for him. It is my fault coz i left him and this is what i wanted. Please advice:
Legal seperation or annulment i am currently overseas in singapore.
Hello, I didn’t see the procedure for the declaration of nullity, does it mean that it is the same procedure as filing the annulment? My cousin’s boyfriend is married to a lady who was married before. What can he do since his marriage is null and void?
Thank you and more power..
Red Orange, yes it is the same. Good luck.
Hi Atty.
I have a question, I consulted to a lwayer and already in the process, we started last june and my lawyer still didnt finished the draft till now, is it really taking long months before we can file the petition? Please let me know how long do you think it takes if we filed the petition next month. I just want to know if it is really taking a year to filed a petition. We dont have conjugal property. Please I will wait for your advise.
Dear Attorneys,
Greetings!
I wanted to be enlightened o this matter I brought up. I do hope you’ll get to stumble on this letter of mine and spare a few minutes, in giving insights or advise.
We got married at first at the city hall of manila, December 17, 1992. I was 20 y/o and she was 18 that time. We just decided to get wed. An impulsive action for both of us.
During that same day, I recalled that there was like a waiver form asked to be signed by the parents of my wife to be. This has has something to do with her age at that time?
Anyway, the signature was forged. For she had to keep it as secret for a while ’til the needed time comes. When it came, her mom and aunt verified from NSO if our civil marriage is registered/valid.
We had our 1st child, April 1995. Church wedding 10th of May 1996. and July 2000 for our 2nd child.
During the years we have been together, there were several instances, I/we decided to part ways. From Nov of 1997 up to this time, we haven’t been living together. The children was with me at first til she had the opportunity to get them away from me.
We had a chance to talk twice or thrice for less than an hour for each. in a 3 month period. We have agreed to part ways, verbally. From that time up to this very moment, we have not seen, hear, talked to each other.
I wanted to set things right, legally, for I am in a relationship now and wanted to tie the knot again, possibly after or during process of nullifying 1st marriage.
My query. Is there a way, chance, factor, in this scenario, that can be qualified, so the process could be expedited/hastened/done the shortest time possible? Matter on the length of time (7 years)?
Your valued time and expertise to be shed will be appreciated.
Much gratitude.
Atty.,
Can i file a petition for declaration of nullity of marriage in my province even if the marriage certificate was registered in quezon city? I am from visayas. Pls enlighten me.
Thamk you and more power.9C25