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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Sir I got married last 2007, my wife did not declare that she was married even when she renewed her PRC nursing license and her passport. June of 2010 her lesbian bestfriend/GF came back into our lives and started courting her. My wife said she told the lesbian to stop but she didn’t, it caused us to fight many times. She even with held information that the lesbian went to the condo where we are staying while I am at work. This sept 2011, when she came back for another vacation. She bluntly told me na sila na, she would have the lesbian visit her after i leave for work. I even caught them on a spy cam and real time having sex…caught them Sept 17, 2011 my wife naked and the lesbian half naked. Honestly, i want to file against the lesbian for meddling with my family life, i want to have the marriage dissolved. is there anyway i can ask both of their licenses to be revoked. my wife is a nurse while the lesbian is a civil engineer. How much will it cost and how long will it take? and what are the procedures?
My friend was been tied up on a marriage on what so called “PANATA” by his parents in province, stating that the first girlfriend should be the one that their ‘Junior’ should marry. Unfortunely, the girl said to him that she is pregnant, and told to him that he is the father, not knowing that my he is the father of the child yet he still accepted it. His parents knew his problem and told their son to marry the girl thru civil wedding. The two couple obey the command of their parents and do the civil… but theres a mistake on the wedding because the only available in the Municipality is the registrar. The mayor went out for a vacation that time that’s why nobody solemnize their wedding. What they do is just they submitted needed requirements and then signed in the marriage contract.
After the wedding, my friend found out that his ex gf has lots of boyfriends in school before they get wedd. and during the day of their livin together for 2-3 mos. he found out that she is even meeting chat mates abroad in Manila and doing cybersex with her auntie at home. At first, he thoughts its just only a rumors but when he made an investigation, he found the truth. Using Facebook as his first step, he found out that his wife has a lots of relation with lots of man in FB… when He went to Manila… he saw that his wife has another man. He confronted the guy, but when he came near to his wife, the guy told him, “Don’t touch her.. she’s my love”.
Now everything is a doomed for him.. he wants annullment. Can you pls. advise what would be the best way to do? He really doesnt want to be with her… cause she has a very bad attitude too. He prefer to die rather than to be with her anymore.
Filipino citizen legally residing overseas and need an marriage annulment? Simpler, quicker and (in many cases) less expensive solution – obtain foreign citizenship and avoid this scam. Maybe someday the Philippines will update their Family Law to recognize divorce, as does every other country on earth, but don’t get you hopes up anytime soon… far too many pesos at stake.
Atty Fred….
My friend will file a case on annulment with his marriage with his wife this Monday hopefully because his wife is very irresponsible and he don’t feel love anymore as a counselling according with his lawyers kasama ba na magsama cla in house for 6 months and to try if mag work ulit ang relationship nila…as far as i know his wife cheated about money matters …May i know if may laban ba ang kaso ng friend ko saan po ba mahulog ang grounds nila sa Psychological Incapacity ba?
Hoping for your answer and thanks…
Atty. i was separated for 5 yrs now( not legally) we have kids and i got married when i was only 16 to 17 yrs of age. is this a ground for annulment? what if my ex hubby dint comply on this matter? thanks to you… please send me a message on my email..thanks God bless!
Atty. i was separated for 5 yrs now( not legally) we have kids and i got married when i was only 16 to 17 yrs of age.it means that they( his relatives)falsified my birth certificate, and i get pregnant only thats why my parents wanted me to get married, from then on i dint have a choice but to lived with him and had kids.Is this a ground for annulment? what if my ex hubby dint comply on this matter? thanks to you… please send me a message on my email..thanks God bless!
sir, i have a question. i’ve been married for about 12years i think, and we never even lived together even after our wedding day. we have a daughter but she died after 24 hrs after being born. we filed a legal separation (i dont remember what month it was) but i dont know if it is registered or not (coz we both just signed the papers and gave it to my parents). then, after several months or 1 year i think, as i remember, she had lived in with another man and have his daughter who is now i think in kindergarten. and now she had her 2nd child i think last year. i dont have any intention of filing a case against her for i want to have my own relationship too but im afriad she might turn against me coz i wish to marry my girlfriend. is it possible for me to remarry even w/o annulment? would my case be enough to make the process of annulment fast? hoping for your kind and knowledgeable answer to my question and thank you so much in advance!
Dear attorney,
May I ask, is it really compulsary for me to publish in the newspapaper if my spouse has replied to the summon or else the the case is known as a sleeping case and it can’t proceed..
Please advice..
I am sorry what I meant was has not replied to the summon.. Must I need to publish the annulment at the newspaper?
Hi atty.. I want to ask about marriage there in the philippines!! Im almost divorced in my previous japanese husband in japan.. I want to married someday my boyfriend ther in the philippines did i need a court order?? To married again??