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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Atty. Fred,
I just want to ask what are the possible requirements in filling Annulment?
Since my wife and i are not leaving together since 2008 and the only communication we have is when she wants to see or visit our son as part of our verbal agreement.
And the other problem is i was looking for a Lawyer who can handle our case, any web site that i can search on for possible referral.
I hope you can help me Atty. Fred.
Thank You and Regards,
im Alma im merried since 1990 and w i he got two kids ,, 1993 we separate since then we dont had a comunication or he never support his two kids, never.. and this time i have a bf and we want to get merried ,, how to unnul my merriage before, and how long time it will takes?? please help me
to whom it may concerned,, please help me or advise me what im going to do
Ivy
June 3,2016
Dear sir, lagpas 10 years na po kaming hiwalay ng asawa ko pero hindi ligal wala na po kaming communication as a husband and wife, pero last aug.2013 nag abroad seya at sinusoportahan nya ang dalawang anak namin pero sela lang may communication cla ng mga anak ko.ano po gagawin ko gusto ko na po makig annul sa kanya pero paano po, wala na kaming communication..plss help me ..tanx
Hi Atty, bale ask ko lang po kung ano po pweding maging scenario ng annulment case ko kasi po due to the delays of submission of my phychological test/report & un appearance ng phycholigical doctor eh na denied po yung submission ng report despite of filing our motion for reconsideration. So as advice po eh since na denied yung report hindi na eto mag serve as part of my evidence, at hindi na kami mag file sa court of appeal with regards to this matter, antay nalang daw kami ng decision don sa petition namin. In this case is there a possibility na maging positive parin ung result ng petition namin or most likely negative.
Paki advise naman po kung ano dapat kung gawin. Thank you po.
to all atty
hi to all atty tanong lang po hiwalay na po kmi ng asawa ku almost going 4yrs na pero bago kami naghiwalay my anak sya sa ibang lalaki i mean buntis po sya kahit kasal pa kmi at nagsasama nalaman ku lng po na buntis sya sa iba nong bumalik na aku sa states anu po pwde kng gawin?bago po kmi naghiwalay buntis na sya..kasi po yearly ako umuuwi sa pilipinas..pwde ku pa ba sya mafile ng kaso o hindi na po?
To all Attys.,
I was born in july 1981 and got married in may 1998. And separated in 2009. Now I want to file null in void po sana. What procedures should I do because I want to marry my girl and wanted to have a family with her. The marrage ceremony was made in Caloocan city and the marrage lic was issued in Imus Cavite. But the real ceremony was made in Morayta the one called secret marrage on tabloids.
Thanks
And also cheated my age from 16 to 20.
And also cheated my age from 16 to 18
my late mom had nullity of marriage in 1985. she did not know and no one advised na kelangan pa po pala etong ipasa sa korte. she then married my father sa civil 1987 and sa church 1989. namatay po cya nung 2014. d inirerelease ng SSS claim ng father ko dahil yung relationship daw ng mom ko sa papa ko ay bigamous. can we appeal to this? based on their records my mom’s name is her married name po with my father. lahat ng records nila okay except lang talaga sa sss.
Good day. Just want to know if the newlywed sa city hall a few months ago is nasa Nso na kagad ung marriage certificate? What if po gusto na mkipaghiwaly ung lalake dun sa naging asawa nya, dhil niloko sya na buntis dw kya pinaksalan nung guy ora mismo? Tapos 23 years old lng ung guy at nag sign pa ng consent ung parents kc bata pa sya. San po unang pupunta to file an annulment? Dun b sa city hall kung san sya kinasal? Pwede ba maging grounds of annulment ung pinilit sya ng parents nung babae na pkasalan nya dhil buntis dw, then later on nkunan dw?
Hi Atty,
I have a married friend who wants to get annulled with his spouse because they don’t have the mutual understanding and maybe feelings either, they once go counseling but only to their elders and wedding witness yet no good happened, He was abused (emotionally) by his spouse and it was publicly made.. Now, He dont know how/where to get started of getting out from that status, can he filed for that “annulment” even though their reason was not listed in the grounds?
Hoping for a reply.
Thanks so much and Godbless.
atty. i filed an annulment last 2011,,but in 2013 may i got news that my ex husband filed an anulment 2012 and was granted,,2013 met my american boyfriend and decided to get married here in pinas march 2013.
we hired an agent to take care of all documents from ceremony to registration in nso..she gave us a copy of the annulment and cenomar and our marriage contract from NSO,,but comes august i need some copies for our visa process, im devastated our marriage was faked,cenomar shows 2 husband with no annotation from first marriage.,so i decided to continue my own annulment was denied after 5 years waiting,right now we filed MR. my american husband decided to quit the visa process,because our marriage was faked.,,atty, i have no money to filed for annulment of second marriage,,can i apply at PAO, but im afraid of the BIGAMY case since its public,,my second marriage is null and void since im still married,,im so confused,,what will i do,,my american husband will not help on filing the annulment he is very mad at our system,,its my ignorance its my fault,,what will i do.