Steps in Annulment and Declaration of Nullity of Marriage

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]

Atty.Fred

309 thoughts on “Steps in Annulment and Declaration of Nullity of Marriage

  1. AvatarJen

    I am married with my husband for 6 years now and he is such a good person. Late last year, I lost my twin daughters and I suffered from depression.
    After 2 months I feel like.I’m getting better…but after a couple of.months the depression starts again and I was even thinking of taking my own life. My demeanour is starting to change, and I can feel that slowly I am losing myself…
    I love my husband and I know he loves me so much…but I want him to be happy.
    I would like to file for an annulment while I’m still in my right mind…
    Would it be possible? How long for the process?

    Reply
  2. AvatarNORMA D.

    how to nullify the marriage after the decision of the court had been made to have it null and void at NCSO OFFICE… AFTER THE DECISSION MADE BY THE PROSECUTOR/COURT @ JUDGE SINCE 1992. WHAT SHOULD BE DONE TO THIS PETETION HAD IT HAD BEEN ANNULLED SINCE 1992?

    Reply
  3. Avatarjayson

    dear atty.
    me and my x-wife are both ofw and where been separeted for almost 8 years and i decided to have an annulment. Is there a way you could help me. thanks.

    Reply
  4. AvatarEmie

    My husband and i.separate for 5years but got comunication bcoz of kids is with him.i want a annuent or legall separation.ever since we git marry he mever work.hope u can help me

    Reply
  5. Avatarj_y_31

    hi i just want to ask. how would i know if my foreign fiance filed a petition for annulment to his ex filipina wife. they separated for almost 3 years already. in his country he is already divorced. they dont have a child.
    thank you.

    Reply
  6. AvatarJoper

    Hi attorney..

    Hiwalay na po ako ng halos 9 na taon,,simula ng kinasal kami..d po kami nag sama sapagkat umalis po sya patungong america..lahat bg papeles po nya ay single po sya..American Citizen na po ang passport nya sapagkat anak po sya ng black american..Wala pang isang taon ang lumipas, nangaliwa po ang asawa ko, at inamin nya naman po at sinabihan akong mag asawa nalang ulit. Ang status po nya sa america ay single at ni wala akobg pangalan sa lahat ng papeles po nya.balak ko po sanang mag pakasal po..makapaghabol po ba ang dati kung asawa kahit na deniclare nyang sya ang single sa america at sya ay american citizen naman po sya?

    Reply
  7. Avatarmargarita

    my husband & i were literally seperated for 3 years but not legal because i met someone and were living together now..what should we do if my ex husband and i aggreed to have an annulment,, what would be the ground??

    Reply
  8. Avatarrene

    Hi!just want to know the procedure for annulment if my partner and I have been separated for approximately 7 years from now and I don’t know now where is she now. We haven’t see each other for almost 7 years also, no communication, and still no annulment yet has been filed.
    Hoping for your response. Thanks.

    Reply
  9. AvatarNoven

    Hi atty:

    Pwede pa po bang na void ung 2 weeks marriage? Kapapakasal lang namin. Tapos nagkagulo kasi ang family. Ano pong pwedeng gawin na maviod? Salamat po.

    Reply

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