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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Dear Atty – Our marriage is already annulled. The joint custody for the child has been settled. Now we are discussing on the division of the properties. My ex-husband wanted to name all our properies under our daughter’s name and him being the guardian. don’t have i the rights over the assets? both of us are working abroad and our salary is 55:45 equivalent. all these properties are bought duing our marriage. What’s my edge on this case? Can i hve some of my share?
Will there be a 90 days period for the two of us before filing the case? I initially would like to know if I file the annulment if I need to be present after the 90 days given period for us to decide about pursuing the annulment? I live abroad that’s why. Thanks
Gud day! .ask ko lang po panu kung kasal then matagal ng hiwalay at pareho ng my asawa pero nauna nag asawa ung girl wla narin communication each other..madali po ba ma annull pag ganun? Kc sabi pag 7yrs na daw hiwalay lalo walang anak madali na eprocces ung anullment..plz reply po thanks!
Pwede po ba mag file ng annulment kahit di sya mag attend ng hearing?mas mabilis po ba pag walang apperance ung husband ko thanks po
to all attorneys,
i got seperated 3yrs ago…my husband is an american citizen and im a filifina…..
mag 3yrs na kameng walang communication,,,i dont know where he lives and i dont know were to communicate with him…..we got married here in philippines… how can i file an annulment in my situation???
Hello I need some help. I am married in the Philippines and now I live here in the states for 3 years now. I have already spoke to a lawyer and filed for divorce which my husband refused to sign. I can spend more money and try to get him served again but if he refuses again I can lose all that money. He left our two kids without knowing them, which he just send me messages that he needs space and tired of taking care of our kids-for reasons my attorney knows but can’t do anything about it. I want to get married here in the U.S. But I am married there. I want to bring my children here and I have no clue how!. I am illegally staying here in states, which I can’t go back inthe philippines to file annulment..
Sir kinasal po ako nung sept 11, 2014 sa isang german. Nagka problema po ako sa marriage contract namin kc ang pangala niya ay tatlo ngunit isa lng yung nailagay sa first name. At yung dalawa nailagay sa middle name. Ano po ang dapat kung gawin? Ang mga german kc wla silang middle name.
Sana po masagutan ang tanong ko. Slamat po
Can I ask her po? wala po akong makitang site kung saan masagot po ang concern q..I married last March 21, 2015 Civil po..dn meron na kmi Marriage Contract po pro wrong spelling po ang name ng husband q 1 letter only..dn ngpa kasal kme ulit church another marriage contract w/ correct name..paanu po aq kukuha ng authenticate marriage contract ung sakto na name na po..tnx
Good day. I’m Mildred and was for 15 years separated but not legally. Since me and my son leave my husband we have no communication since then. How can I filed annulmen? I don’t where he is now. No communication, no support to our son. Do I consider him dead? Please I need your help to legalized my status. Thank you
Kpag po ba mgfile aq ng nullity of marriage kz bigamous marriage po so it means from the start null ung ksal nmen…how long does it takes in the court coz I will be married soon…may praan po ba pra mpabilis ung case?