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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hi i just want to ask if i want to file an annulment what’s the requirements and where do i file the annulment
it is possible na manalo ako sa case i mag filed ako ng legal seperation or annulment due to may kinasamang iba yung ex.wife ko since nandito ako sa abroad & 2 times nya ina bandoned mga anak ko at sumama sya sa ibang lalake then bumalik sya nung bumalik ako ng pinas at naulit ulit yun nung umalis ulit ako para mag work abroad ill try to fix even sya na yung gumawa ng di maganda..pero she insist na maghiwalay kami dahil mahal nya yung guy..anu po kaya ang mas magandang paraan para mapa walang bisa yung kasal namin?? thanks po
Mahaba po ba talagang processo ang annulment??
Sa side ko po, 1taon na kaming hiwalay ng husband ko, mag.aanim na taon n kaming kasal ngayong november,. Mahirap lang po kami, wla xang permanenteng trbho,.wla pp kaming naipundar khit bahay wala., nasakin po tatlo nmin anak, kahit piso wla syang naibigay.. mataas po ba tyansa kong makamit ang kalayaan ng madali dahil dito??
I was married of Filipino and had 3 children and i was annulled 2008 and got married of my american husband,but i still unlucky thought his the one i can spend the rest of my life,but since we married he cannot perform cannot satisfy me because of his diabetic he never get any erection his 72 years old and i am 47,but when we married his 65 by that time and i am 40 years old but even other way of a couples love life his been neglecting me to not have time for me his always go to casino to gamble and go home in the morning,so his sleeping and even i try to asked to give a time for me but instead he fall asleep,then 2013 he got cut off one of his leg and he become blind also,that change more his attitude and even i try my best to take good care of him,but his so demanding and insecure,the worst part of our living he become violent hurt me punch my head and fulled of my hair and even try to kill me using base ball bat in front our landlord and of my youngest and he never stop of insulting me to make me shamed in front of other people,do i can still file of annulment,what if he don’t want to sign even though we both no love to another?please give me an advice.
Hi Atty,
Just want to seek legal advice regarding my current situation. we got married at the age of 20 and 21, marriage lasted for almost 3 years. Latter part of the marriage has been difficult for both of us. He left me with my mother in law jobless while he is on the job training for a shipping company. Until such time that I observe that something is happening with him while we were apart. He was so engrossed with the company of his friends that he often drinks. Until such time he went home for a Holy week vacation while we were sleeping I just woke up seeing that he was on my top choking me and kept pushing ny head to the tip of the bed until I cant breath. Fortunately, there are relatives who were there for a vacation and they notice that i am shouting for help. Months had passed, I just kept on battling with my freedom, I cannot even go to work or freely go out, it is where i felt hopeless and used to self pity. I graduated in a prestigious University and gain multiple eligibilities in the government. However, he is preventing me to go to work for his obsession and jealousy. There are times that he would make up stories that I go with a different man its because he dreamt of it. Latter part of the marriage, I seen a different man, far from whom i promised my lifetime. We always fought, and something happen between us, he went home one night and had an argument earlier that day, I attempted to ask for an apology to stop the argument. He went home drunk, punched me, hit me to the wall, choke me and slapped the different parts of my body.Only then i realized, He was under the influence of drugs as confirmed by his colleague. We ended in Police station have him blottered and was brought to a nearest hospital for my medication due to severe bruises in my body. The policemen asked him of what had happened.. and he just said “I didnt hurt her”, always innocent of what he did as always. By then, thats the last time that we saw each other. For almost a year already we dont have any communication. I would like somehow to ask if I’ll decide for an anullment, are those experiences grounds to consider marriage null and void?
Thank you.
Sir may i ask ground po ba ng default if yung respondent ayaw mag cooperate like mag pa psychiatry evaluation?..pede pa rin ba e proceed ang annulement case kahit yung respondent ayaw mag cooperate?
Yung pau po ba walang provided na libreng attorney for annaulment?
Hi atty…
Please enlighten me po. I am now 29 yrs old. I got married when I was 19 years old, my husband then was 21. We were married without submitting any requirements like CENOMAR. I Remeber after our court marriage the clerk ask my husband if he can submitt a letter of consent signed by parents or gaurdian. He asked his grandmother to sign a paper without his grandmother knowing it was a letter of consent for marriage. It was only my family who were present during our civil marriage, none from his family side and nobody knew he got married until he brought me to their house 2 months before I gave birth. We have a daughter and lived in the house of his parents for about 2 years after I gave birth. Then he went abroad to work and we had issues then until I finally decided to move out to his parents house while he was still abroad. Few months he came home to the house where me and my daughter stayed, we had few arguments and after 1 week he left. Never supported our daughter for 5 years, no communication, explanation or anything. Now I found a partner, I have my second child (2yrs old now) with my new partner and I marry my new partner now. I know also that my previous husband is having a relationship with other woman now and they have 8 month old kid. They wanted to file annulment and force me to shoulder half of the expenses otherwise they will file bigamy against me. What should I do atty? I dont have the means now to pay half of the anullment expenses. Please enlighten me. Thank you and more power
san po ba nagfile ng annulment? Saka magkano po ang dapat iready na gagastusin?
hi!! have a Blessed day attorney ,, sir ask ko lang po kc kinasal po ako ng 1996 sa paranque pero after 3 months po nagkahiway kami at ng 1998 nagpakasal ako ulit sa dasmarinas cavite yung panganay ko po ay apelyedo ng una kung asawa yun po ay anak namin gus2 ko po sana na palitan ang apilywdo ng anak ko dahil ever since po d naman kilala ng anak ko yung ama nya ano po ba dapat kung gawin same n po kami my sariling pamilya thanks po