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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Question for all lawyers
I am overseas worker here in UAE, i am married for 5 years due to force and intimidation, but even though we are married in the papers in 5 years, we are living with each other for more than 4 years since after our marriage because of her incapabilities on her physical aspect, she is insane and not treating me well and also our childrens.
is this valid reason to file an annulment and how much is the cost for this? and is this possible to file even im here in the UAE?
Thanks.
Dear Atty,
I have just recently had an annulment. It was granted on the 12th of May this year. I would just like to find out if a cenomar would be issued if ever i would like to get married later on. How long would it take before the nullity of my previous marriage would reflect on the nso records. Thanks.
my husband and I had our civil marriage last Feb. 19 2006,Sunday (the reason, I was pregnant). I was informed by the secretary that our license would be out the following day (Feb. 20, Monday) so she asked me if she could put Feb. 20 instead of Feb.19 on our marriage cert. I didn’t really thought about it at all and so I said “no problem”. We have never really lived together since the day we got married, he would just visit me and my daughter from time to time and would only give 4 thou a month for support, my daughter was 11 months when he stopped calling me. Probably because of the heated argument we had a couple of days before our daughter’s first birthday when I discovered he has in his possession things that wasn’t his, like my mom’s cds, my brother’s game console, etc. which I am very sure he did not borrow nor did I give him. A couple of months ago I received an email from him saying “musta na kyo ng bata…di ko alam kung paano ko maayos. sarili ko problema eh…pakiramdam ko at alam ko immature ako. ”
But still I’m scared of seeing him again, because of the emotional abuse I had to deal with before. What’s the best legal action I should take?
Thanks, GOd bless and more power!
Hi Attorney,
I’ve been married for almost 21 years now and my problem started 11 years ago when my wife have an affair with another man and the worst thing they had a child which is in my custody up to now. I’ve only learned her infidelity when the child was born, I still tried to make our marriage work for the sake of our young children then, but it seems the more I tried the more I couldn’t bear the situation. Will it still be a ground for an annulment even though it took me 11 years before I decided to apply for it? For now I am out of the country and I am looking for legal advice if my grounds is reasonable and what will be my next move. I need someone who can I seek professional advice for the procedure on how to apply for annulment and the total cost I will incur during the process and for how long will it take for the annulment.
Hi Atty.,
I got married in 1996 and found out that my husband have not filed annulment as he told me. I wasn’t able to meet his family when we decided to get married because of a lot of reason resulting from a cumpolsive liar as I found out later on. After meeting his family, his father, who by the way is a lawyer, told me that the marriage is void due to the fact that he is still married. Since that day, I’ve tried so hard to get a way from him but he has his coniving ways of getting thru me. To make the story short, I left him and has not heard from him for more than 10 years. I would like to have my so-called previous marriage declared void but the problem is I don’t have a copy of his marriage certificate and I have tried calling his parents home to get his contact details. I am an OFW and would like to start with the proceedings and would like to know how I can get a copy of his marriage certificate.
my friend wife filed the annulment case in aparri cagayan eventhough both of them are not residence of cagayan within 6 mos. she got a favorable decision..he appealed but was denied april 2008 he got the finality..only this year we find out that the reason she filed an annulment bcoz she was pregnant that time with her lover the child was born 2 mos. before the decision of the annulment came out last feb 2009 the husband filed adultery case against her wife still in fiscal level.
questions is:
1. though its more than a year since the finality of annulment can the husband appeal the decision here in manila court of appeals ?
2. re the adultery case he filed last feb 2009 will it prosper since there is a finality of annulment in the lower court april 2008 the husband reasoning is only this year he find out the reason of her wife to file annulment is bcoz she was bearing a child courtesy of her lover.. can the wife escape the crime bcoz she is smart to file an annulment and got a favorable decision while she is pregnant
i know this is something confusing for everybody who will be reading this so i’ll put it this way.
A – husband
C – wife; an ex-girlfriend for 7years
E – husband has a child with this woman; workmate and unofficial girlfriend for few months, say 6months
M – boyfriend of E
here we go.
Dec 2008 – E and A were living on a same apartment and now E was pregnant to A. At first, E wasnt so grateful to have a child to this man bec she’s still engaged with her boyfriend for 5years. So E had to break up with M on March 2009. Prior to this, A was so intimated with the fact that E still loves M and was thinking that E is just making him believe that she wants him. A was thinking that E is just living with him becauseof the child. On May 2009, A left the apartment and didnt show up for a week. E had been constantly making a neffort to talk to a via calls, sms and emails. A promsied that he’d comback but this show up only after 3months, August 2009. While A is away, C had befriended E so as to get information about her relationship with A. In deep pain, E was saying (thru sms) to C that she doesnt want A and E regrets to have A in her life. Now, C was showing those messages to A making A angry to E but still not talking to E. Still in May, A texted E that he was to marry another woman who was pregnant to him as well prior to E’s pregnancy and that same day A had to attend their marriage. E wasnt aware that this one is just a bluff but for her A wouldnt really do that to her. To sum it up, C triggered the anger of A to E though A loves E so much. It is C who planned for the ghost marriage (didnt really happened) so that E would no longer be persisten tabout A. A and E didnt talk from then on. After sometime in July 2009, C asked A to marry her so that E wouldnt get anything from A just in case the baby will be born. C was so bitter because A dropped her before and she couldnt win him back. A, who was so upset with E, accepted the idea of marrying C since C was so persistent to have A. The marriage was just an arranged marriage in the Manila City Hall. When they arrived there, They just signed for something and then paid someone whom we can call a fixer. Now in August 2009, A and E met again and they reconciled. E didnt know anything only after a week when C, who is in a foreign country now, told E that she’s married to A. A told E that he didnt want the marriage. It’s just that he lost hope that E will comeback to her. Can A file for fraud and have this nullified? Or is it voidable? Cause A wanted to marry E.
Hope this one will be given an attention. It will be much appreciated. Thank you.
Attorney please give me advice with my problem.I got married last December 2008 to my husband knowing his still single.But when i asked my sister to get our cenomar i found out that he was married since 2001.I asked him about the first wife.He told me 2 months after the wedding the girl went to United state where she was citizen and and never communicate at him since then.And the information that the girl put on their marriage contract was all lie.She didn’t state that she’s not filipino citizen anymore,and was married already and used her maiden name to marry him.My mother found out what he did to me and wants to filed for bigamy.Is there any chance for him to file for nullity of marriage from the first wife,Since the girl was married already before them?And the first wife was abandoned him for 8 year and he has no information about the girl where about.
Please help me what to do!!!
I pleasing, any one who can suggest and advice am seeking to anyone send me comment,.My case i was suffering for almost 2 years i got married may 2002 to my husband and got 2 kids.The problem arised last 2008 i found out my husband had married b4 our marriage may 2002 to his 1st wife nov 2008. I understand that my marriage will be void and null, because 1st marriage is still valid. We never been separated since we got married 2002 and we are both working abroad. THe case worse last year when i found out again that my husband travel to phils to re-marry her 1st wife dated jan 2009. I feel rejected in this case, considering i been his full wife and we have kids, unlike to his 1st wife they never live together in 1 house, and don’t have any kids.1st wife is Canadian citizens now.
My question is, what would be my case now that i want to have legal papers from my husband, do I need to go on the court,to file annulment or do i need only legal separation.
As i seek advice, that in my case i have not to go on the court because from the beginning my marriage is void. please need your response..thanks
To lawyers:
i had filed a case against my husband, wherein i was able to secure his warrant of arrest last September 2007 with No Bail Recommendations. Due to financial incapacity and lack of connections, he is still at large until this very moment moment. I believe the case i filed against him is a strong ground for annulment. My question is, if i wanted to get married in the future, do i still need to annul our marriage as he is still not convicted, or, do i wait until “five (5) years of no communication” and can remarry to another man?
Thank you very much for your help…