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. Eine

    Hi po. I have questions po. Pls help. Nagfile po ex husband ko ng annulment since xa ung may pera.ok lng po po skin gusto naman po nmn parehas maannul. May dumating na po summons ba un. Ok lng po ba na d pmnta sa mga hring pero mgsasign nalang ako if in case need nla pirma ko para mprocess ung annulmnt? Thanks po

    Reply
  2. Joanne

    9yrs na po kming hiwalay ng asawa ko… Nkadalwang asawa na sya mula ng mghiwalay kmi at me anak sya sa mga kinasama nya… At ngkarun na rin ako ng kinasama at me anak na rin ako… Gsto ko ng mapawalang bisa kasal nmin… Pra maayos n nmin mgabuhay namin…. Sna matulungan nyo po ko atty.

    Reply
  3. MD

    Hi Atty, what would happen if I do not show up on our annulment case proceedings? Considering that I won’t appeal as well. Will the proceedings and results become faster as well?

    Reply
  4. Victoria

    Dear Sir,
    I am a women foreigner and I’m here in the U.S with my daughter. I am already divorced from my ex here.
    1. What are the steps to file a petition of annulment in the Philippines and what paper work do I need?

    My daughter is an American citizen but born in the Philippines and holds my ex is last name. I’m currently petitioning for a name change for her here in the U.S.
    1. Will the name change be accepted in the Philippines?
    2. Can I change the information on her birth certificate including her name my status and the fathers informations?

    Reply
  5. Aileen Joy

    Hi Attorney,
    Would it be possible to file for nullity of marriage just because of both the husband and wife were no longer happy with each other?

    Reply
  6. Janet

    Gusto ko po ask ng advice OFW po ako. Nagkaanak sa ibang babae asawa ko at nagsama po sila ng 4yrs nung babae. Inamin nman lahat ng asawa ko pinatawad ko siya pero marami paring nagsasabi na nangbabae pa rin. Gusto ko po sanang pawalan bisa ang kasal nmin sa huwes. Ano po pwd ninyo maipayo sa akin. Salamat po

    Reply
  7. jhen

    GUsto ko po mgfile ng annulment while im i abroad ano po ba ang kailangan kong gawin atty, 6yrs na po kming hwlay ng asawa ko, civil marriage po ako…Thank you…Plz help me

    Reply
  8. Maple

    Atty. Kinasal po kami 5 years ago and after 1 mo we departed ways at naghiwalay npo ng asawa ko.nagkausap po kami ng masinsinan dahil hindi po talaga kami mag wowotk out kahit ano pang mangyari.may anak po kami at na sa kanya dahil hiniram nya noon after nmin nag usao.sabi nya isusuli nya pero hindi napo nya sinuli sakin.ayaw ko na man pong ma torture ang bata kaya hinayaan ko po muna.after 4 years po may kanya kanya npo kming manimahal.pwede po ba akong mag file ng annulment?at pwede ko po bang mahiram legally ang bata with terms po namin kahit once a year lang po?pls atty.favor naman sagutin nyo tanong ko.mraming salamat po.

    Reply
  9. erlyn

    hi, i am married since 2005 but separated the following year due to my husband hurt me and at the same time don’t have a capable to support the family. its almost turning a 10 years since then can i file a null and void of marriages knowing he has a already a kids in his present partner.

    Reply
  10. Liza

    How can I get a copy of annulment case if I lost it? I want to get a copy but how? Should I go direct to CENOMAR to have 1?

    Reply

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