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]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Hi, please help me. I am a married man with son. My wife and I are separated for 2 years now but not legally separated and I’m having a baby now with another woman, My question is, did a broke any law?
Hiwalay n ako s asawa Ko at wala kaming anak at wla kaming contact since 2010 until now,at May nakasama na syang iba,ngaun gusto kong mag pa anull.to get married again legally.pls help me atty.
Thank u….
Good Day! May I know the next procedure of the annulment after the psychological results were made? And how long will it take more to finish the case. Thanks!
Hi! I just have a clarification. Hope you can help. Me and my wife would like to live seperately. We had a CIVIL wedding. How much will it cost us and what are the things we need to do to have it annulled. All answers Im seeing here are I think church weddings. Thanks!
How about in my case ATTY. in which I only knew this time that our Solemnizing Officer doesn’t have License to execute the marriage at the time that we get married. We married year 2000 and the Solemnizing officer got his licensed only after 7 years or in 2007, 7 years after our marriage occur.. Can I file to nullify it? Thank you and more power!
My petition for annulment was just dismissed on the pretrial stage because my atty failed to represent me whilst I was abroad working. He said we will file for a motion for reconsideration and there was a miscommunication on his part and the clerk of court. Is it possible that we can continue the case after dismissal?
I am an OFW(japan) for almost 11 years. i had suspicion that my wife was having an affair with another man since 2011. i went for vacation to philippines from tokyo in 2012 for 3 weeks. when i got back to japan i was informed by my wife that she is pregnant for 2 months already. At 5 months pregnant she was hospitalized and had a miscarriage. The result of her miscarriage was an Ectopic pregnancy. According to some doctors Ectopic pregnancy can last for 6 to 16 weeks only. i did not confront her about this matter. I had my vacation again for 2013 febuary. On my vacation we had only 2 sex for 3 weeks.I memorized the date when we had sex. She got pregnant again. I waited for 9 months for the good news but told me its not time yet for delivery of the baby. it last for almost 11 months of my counting. So i went back again for vacation last 2014 of febuary. what i did was, i took sample for NDA test of the baby and me for testing. after a month i recieve the result of the DNA test and it was negative. i am not the father of the baby. Now that i have the proof of my suspicion on my wife of having an affair with another man, i wanted to file a criminal charges on her. is there any suggestion that you can recommend. i need help. thank you.
Valid ba ang kasal namin kung ang pangalan ko pa sa marriage certificate ay manuel vazquez at sa birth certificate is manolo vazquez..kung di po ito valid di ko na po ba kailangan mag file ng annulment..umaasa sa inyong kasagutan.
Hi,
Need advice please. Gusto ko n pong mkipg hiwalay s asawa ko, we’ve been married since 2013 but during the 1st year palang ang dami n pong issue, I know n hndi po grounds ang irreconcilable difference s pg file ng annulment pero un po ang nkkita ko dahilan kung bkt di n po ngwowork ang marriage nmin. My family and his family di dn mgkasundo s umpisa palang. We had a son, 2yrs old n po. Alm ko n di cya papayag mkpg hiwalay sakin, but I feel n burden nlng nangyayari smin. Hindi ko tlga cya mkasundo, khit saang bagay even s pgpapalake nmin s anak nya. Kinausap ko nmn n cya about that and also ask him bka need nmin ng counselling but wla dn pong nangyari. I want to be free, ang hrap ng ngsasama kyo n prang casual nlng. Of course, the custody of my son gusto ko sa akin padn. Both nmn kmi my magndang work abroad. Pano po if ng file ako ng annulment case, ano po ang dpt grounds sming dalawa? and if di pumayag ang husband ko matatagalan po b ang process?
Hope you could give me an advice. Maraming salamat po. Been thinking this out for the past 2yrs n.
I just want to make it clear, is it true that if you are separated for 6 years but not legally separated, the marriage is consider as null and void?