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 was married on dec. 8, 1992. I was 19 back then and my spouse was 29. we had 2 children. my eldest a boy is with my legal wife. my youngest is with me in the care of my parents. I support my kids financially non- stop since I left the country on sept. 1997. since then I have no contact with my legal wife. I had no communication with her nor did I seen her everytime I go on vacation to our native land. now, I want to marry my girlfriend and live with her with no legal implication whatsoever. what can I do to go on with my planned marriage? I know I need to be legally separated from my legal wife. what are the steps I can I take? I am in Canada presently working as a foreign worker. soon I will be processing my residency here. pls. I need advice..
thank you,
Michael
After the annulment is granted I would like to ask who’s going to register it at the NSO? Is it my lawyer’s job or mine? Thank you so much!
sr.my husband has his first wife but they were literally seperated. its been 11years when they were separated without any communication
igewhen my husband and I decided to have our own family his first wife unexpectedly contact my husband. my question is, can their merraige be unnul if my husband filled for their unnalment.
Dear sir, i was a newly wed last june 2014, age 29,i and my husband only stayed 3 mos together bec i came back abroad, we ha no children and even no properties, recently i decided to separate him, bec he just not doing improvements no show of responsibility as a man on the house ..sadly i want to free from him…what can i do …i want to be free from the knot that it seems become useless for us,..
To All Attorneys,
IGreetings!
Ijust want to ask,How if my ex- husband has already a new girl and they have two kids now? My ex-husband and I has no kids we’re separated for about 9 yrs now.We married in the civil not in the church.Does my ex-husband can be marry his gf or live in partner?
I live in korea,but i can’t go home because im sick due to hypertension,and i need to maintain my blood medicine.AND one more problem is money.i can’t afford to file the anullment. And my ex-husband his job is driving the tricyle,he earn a small money to support his new girl and two kids.
I hope that one the attorneys will give us help as my situation..
Many thanks for this site and all the Attorneys!!
Norah, remarriage is possible only if the previous marriage was annulled or declared void by a court, after the requisite proceedings.
Gusto ko lng po malaman Kung panu mapapadali ang process ng annulment…
May natatalo pu ba dto. Na ako ang mgpafile my tendency pu ba na mabaliwa ang file ko ..
Nguguluhan pu kc ako pagod n pagod ang utak ko Gusto ko sya iconcider pero parang wla syang pkelm sa buhay nmen..
I really want to have a legal advice for filing a annulment
Hope u reply ..
Thank you
Atty.,
Me and my wife was married in Brunei Embassy way back 2004. Although we had a child, we only lived together for 2 years and since then until now we are living with our own.
I’m planning to file for our marriage to be annuled.
Can you recommend someone to help me process the annulment? And how much would it cost?
Salamat po…God bless
is it legal in philippines filing for legal separation?i wanna know..plssss
hi.
good day poh mga atty. gusto ko lng po malaman sir kng ano mga requirements ng annulment. just asking for a friend shes was married with a japanese now the japanese has already sign for thier separation. she want to proceed now to the annulment in the phil. and we want want to know if how much will be the total cost of processing this? is their other way that she can make her name single again so that she can marry again to other? thanks
hoping for your support.
riezl,
Hi,
I am married in the Philippines and the marriage was annulled Oct last year 2014. The court decision was released and as per my ex husband, we are still waiting for the marriage certificate with null and void from NSO.
I would like to know how will i check the status if our marriage certificate has been ammended? I am in Dubai and not able to check personall
Please advise.
Thank you.