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 get married 10yrs ago and have a child of 2, those 5yrs to stay together and 5 yrs working in and out in our country. i get verbally abused with this women that I marry. Now, that i finally come to my senses that I couldn’t take it anymore I want our marriage to get void and move on to my life. I’m willing to give child support and be responsible financially with the 2 kids that i leave behind (since she doesn’t want me to see them anymore). I would like to know where and how can i start the process of annulment. Also recently Pope Francis have an announcement in regards of speeding up the Annulment, I wonder if our marriage is included in this case. We get married in civil not in church, hopefully i or we whoever have the same case as mine will grant the liberty of choosing the life we want and not to live in pain and regrets. Please spare us some enlightenment where to begin the process. Your expertise in this matter are well appreciated.
Sincerely,
Shane
Itatanong ko lng po attorney ksi andito ako sa ibang bansa,ano pö Ba ang requirements ng mgpa annual?
To all attorneys, I just have a question.. I would like to file a petition for my marriage to be null and void… how strong would my case be if the ground is the one who signed in the marriage contract is not the one who solemnized the marriage? It is considered as no marriage ever occured?
In addition, what is the process? And how to go about it since I am an OFW. The so called marriage took place last DEc. 2010
hi gusto ko po magpa annul sa ex husband ko pano po at magkano bayad?dati po kc nasa dubai po sya at nangbabae po sya at pinili nya babae nya kesa akin my anak po kami isa at un ay nasa nanay nya ano of pong case na pwede ko ifile sa kanya wala naman po ako proof na mga pic na magkayakap sila pero my pic po ako sa kanila nakahiga sila magkatabi atsaka monthsary nila na picture pero magkatabi lang sila.pls.help me how?
if the couple had legal separation in baranggay and munipality, there’s a possible that one of them plans to remarry.. they are only married in civil..tnx for reply.. i never consulted any lawyer. please help.
it’s that possible that one of them can remarry if there’s a legal separation happened?
gusto ko makipag annul sa asawa ko ano ba first step na gagawin ko para mapawalang bisa ang kasal namin,
Hello po.. sir paano po kung ang nagfile ng case eh binaliktad po? Bale Ung respondent sya po ung naging petitioner.. kinasal po sila ng 2008 dahil nabuntis po ung babae tapos wala pa pong 1year pinaghiwalay po sila ng parents nung babae.. after po nagkaroon po sila pareho ng boyfriend at girlfriend.. ung guy po nagkaroon ng baby sa kalive-in nya… then after 6years nagfile po ung babae ng nullity of marriage pero ung lalaki po ang nklgay s notice ng hearing n petitioner.. ano po possible na maging desicion ng case po nla? Ung guy po hindi po sila kasal nung kalive-in nya
I need advice I have problem my husband decided to do separation 2 years ago we don’t have any communication since he decide we have 1 son staying to my parents my x husband never give allowance now what I need to do for formal separation