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]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Good pm sir, I just like to ask for actions to be taken by my friend.
My friend married 8 years ago (2002) but the girl refused and haven’t used his surname from the time of their marriages up to now. He is a seafarer, and supported his wife for her studies and after his wife graduated (while he was on board – 2005) He found out that his wife already has a boyfriend. When he returned, he did try to save the marriages for a several months unfortunately, the girl refused and says that she is in-love with somebody else and need space! Since then, they did not see each other anymore and he just let the girl do her things! The Last time he heard, his ex-wife has already had a two (2) year old son with his ex-boyfriend.
He is currently on the Philippines (2010). One of his friend says that his ex-wife just waiting for him to enter into a relationship with other girl so that she can file a case against him.
Is this right? in the first place, the girl committed an adultery & eventually now the girl just waiting for my friend to make a mistake. What are the possible legal or necessary actions to be taken by my friend so they both move on with their lives.
Thank you and hoping for your response.
Thanks
Dear Atty,
I would like to ask or inquire if could be possible my marriege will be void since we serapated almost 15 years from now and no financial support and communicationat all. and i find out that he have other women leave together as husban and wife , but i don’t think they get married and they have 2 child in his second wife.. pls andvice me what would the best to do … your joy thaks anf God bless!!!
Dear Atty’s
With regards with my annulment proceedings, i filed a petition for the declaration of nullity of marriage. and it is on the process now, since it was indeed to have a psychiatric examination, i’ve done my part on that only for the better and smooth process of my case..my question here is that, it is possible or okay to him (husband) not to undergo his psychiatric examination?…
plz,,, advice me
thank you and God bless !!!!
Hi Atty Fred,
Just have some inquiry. My wife and i already separated for almost a year now. Before we part ways we signed marital settlement agreement (MSA). My question now, do our MSA is valid or admissible in court in case my wife file a petition for annulment?. Please help, thanks.
Hi Atty,
I just want to clarify the following:
a)’After the trial proper, the court renders its decision, which is different from the Decree of annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.” — (a) 15 working days or 15 days including weekends and holidays? (b) what is the difference between decision and decree of annulment?
b)”Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes. These are done upon entry of the judgment granting the petition.” —> (a) Who does this: the court, the lawyer or the petitioner or the respondent?
c) ” Issuance of Decree of annulment. The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound securities.” —> (a) who registers the entry of jusdgement? : the court or the petitioner? (b)same as a (c) who delivers presumptive legitimes?
d) how long does it take from the decision to the decree of annulment?
e) ” Registration of the Decree. The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.” —> who is responsible for registering the decree and how is it done?
Lastly, if i hire a lawyer for annulment, will he be responsible for all the steps you outlined above or just until a decree is issued or just until the decision?
i was wondering if you could help me… i’m a filipino married here in japan. I want to annul my marriage here. I tried seeking the Embassy’s help but they said i have to stay in the Philippines for a period of time for the processing… i wanted to know if i could file for annulment while i am here.
Atty. ask ko lng po puede po ba ako mag file ng annulment or ano po dpat ko gawin eto po sitwasyon ko separated na me ng 17 years at may 2 anak ako with my ex husband, may ibang pamilya na ex husband ko they have 4 kids at besides kasal cla sa church I dont know how it happen kasal pa nman kami I really need ur advice Atty. what to do by the way Im still single at present
hi…my brother and her wife separated last year….i want to know if it is necessary that he will provide everything for their children..he signed an agreement in the barangay hall but it was so unfair because his income is only 8000 a month and it is written in the agreement that he will give an allowance of 2000 a week and that the children will study will private school and now my sister in law demanding to rent a house for them…..she has no work shes just sitting and waiting for my brothers support is that fair for my brother?….is there anything we can do for it?……
Who does the registration of the decree? Is it the two involved or the court that gave the finality of the annulment?
I need help here..My situation is i am married with ex british army and we living here in the phillippines.we got 2 year old son..i leaftcoz he constant smacking my son,every small moves my son did he smack it..he has no patient at all.even to the nighbour,or the dogs whoch is bark..he easily get angry if he heared small noise..he is jelous and dont let me go out alone if i do like go to market..he always ask me or accused i have other man,and the truth is i dont have.he dont let me to have cellphone even call or text from my family using his cellphone he get angry he always moving house because he get enemy with neighbours and i feel embarrased he always shout at me.and shout in front of my ear. he alwats watch how much i eat also.i think he is phsycopath..before last year i left him alsocoz of his attitude i came back with him coz he told me he been seeing physcologist,told me what time he visit him and what they talk about …so i believe him.and he still not change now this year i left him again.i didnt show up for a month so he went to supreme court about his child right for our son..and the court granted him to see him 2 days a week.. i really dont want to go back to him after what ive gone through to him..so do you think he got sign of phsycological incapacity? do u think they grand our papers.he still keep forcing me to live with him which is i dont want to do and treating me that we still married..i reallly had enough of his abusive attitude..hope you can help me with all of this..thank u so,much