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 sir. good day. i’m karen 24 yrs old. presently working in kuwait. i got married sept 2001 at the age of 18. after a year his mom took my husband here in kuwait to work. first year was ok sending text messages everyday, calling. but after a year everything change. communicating only after 2 -3 months and eventually we had lost our communication for almost 6 months. then something happened, his mom called me and told me that he was caught by policeman for illegal drugs and ask me if i wanted to see him here.( he stayed here for more than 3 yrs before i came, but they only took me when he is already in prison) so i came here oct 2005 and decided to work while waiting for courts decision. he was sentenced to 5 yrs imprisonment on illegal drugs. luckily after almost 2yrs of imprisonment he was pardoned and sent back to philippines. we communicate through phone and things are entirely different now and we are having a lot of difficulties understanding each other. his attitude is somewhat different from what i had known him before. saying bad things if im not able to send money inside the prison, telling crazy things and accusations. with the mother in law doing certain things that is really against my will. it was last january when we decided to be on a separate ways, though we haven’t talk in person since we never had a chance here. we’re in good terms now. he’s back in the philippines. i have found a new muslim foreign partner in life recently and offering me a marriage. i just wanna know atty if its posible for me to remarry again? and can i file annulment here in kuwait? i heard his mom is planning to take him here on december, will it be easier if we’re both here? thank you so much. pls help me. ..
Karen,
Petitions for annulment between Filipinos, or those initiated by the Filipino spouse (in a marriage between a Filipino and a foreigner) may only be filed here in the Philippines. Good luck and God bless.
Hi! i’m sei, 21 yrs old, i was married when i was 18 and left my husband when 2yrs ago. Because he beats me, now i found out that his marriage with his first wife is not yet annulled. I got pregnant and i want to re marry. How much would it cost me to make my first wedding void. How long would be the proess? thank you..
ATTY:
My husband was married to her first wife in 1986 to give name for their child. And in the same year he left his first wife and we are cohabiting until now. In the year 1995, we decided to get married because it is one of the requirements for our kids’ baptismal. His first wife has her own family now. Is our marriage is valid?
atty:
i am a little confused by yuor response to karen. my brother and his exwife divorced and had there marraige annulled by the church but it was done in canada. (they both live in canada) does that mean there annullment isnt legal in phils coz they did it in canada?
Sei/Puzzle/Curious,
I must apologize if we can’t give any legal advice because, as repeatedly stated in this site, this is not allowed. This means that we can’t address many of your concerns. Nevertheless, there are legal information that may assist you in your quest for answers.
Other than that, there may be existing information in this site that may be of help to you. For instance, the duration of the process is discussed here:
http://pnl-law.com/blog/annulment-in-philippines-questions-answers/
Whether a subsequent marriage, while there is an existing marriage, is valid is discussed partly here:
http://pnl-law.com/blog/effect-annulment-criminal-case-bigamy/
The validity of divorce secured abroad is discussed here (and the links highlighted in the post):
http://pnl-law.com/blog/legal-dynamics-citizenship-divorce/
These are just some of the related posts. Kindly search through the other articles for more discussions.
Thank you and God bless.
Hi,
I got a friend who just receive a copy of the final decision of the said annulment which she never had any idea that it was filled. Is is possible that they can get annulled without any notices receive when it was filled?
hi atty,
i know i have a silly question but i want to be honest. i had the wrong reasons for entering marriage 5 years ago. i got someone pregnant so i married her. there was no ceremony, because the mayor was a close friend, i simply secured a marriage certificate so my baby can bring my last name. but i lived together with my wife right after and had a 2nd and a third kid.
i really don’t love my wife and in fact i am not happy with her but i love my children. i am still young and i feel like im fooling myself for being with her, i feel trapped in this situation that it’s even depressing me sometimes with the thought that i am married to someone i don’t want to be with, i know it’s a big mistake. i’ve been planning every year to leave her but i want it legalized but i dont know the grounds. What are possible grounds?
Hi Attorney. Both me and my wife are ofws and we live in the same house but we don’t talk anymore. Is it possible for me to file a petition for annulment while both of us are still abroad and living in the same apartment? We only live under the same roof because of financial problems and the situation abroad but we don’t observe each others’ obligations anymore. I want to file a petition, but I cannot go home as yet. PLease tell me if it is possible and how I can do that even while I am still abroad. Thank you. Your website is very informative, more power to u.