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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Dear Atty.
In behalf of my cousin her husband want to file petition of nullity of marriage for the reason of lack of authority of solemnizing officer( Minister of Sect)since they are both catholic. Of course they have marriage license before the civil ceremony and the minister license is authorized to marry at the time they get married at the city hall. My question does it mean that the marriage is void from the very beginning? Only to find out later that he remarry while my cousin was still in abroad. Her husband refused to talk to her since then. Now they are living in the US soil and the 2nd wife claimed that my cousin husband is her dependent. So confusing bec. my cousin´s marriage was still existing. My cousin acquired european citizenship and even declared him as a husband in all transaction she made it. Question Can we still file a bigamy case though they file it already the nullity of marriage? He was hiding now in the US and had no plan to go home since he knew it already that my cousin is much aware to her 2nd marriage. BOTH MARRIAGES TAKES PLACE IN THE PHILIPPINES. pls help.. thank you.
hi attorney…
i was married last year in may…and after three months…became a battered wife…my husband has no work, sent him to college with the help of some of his relatives, was tempted for another girl, then things got worse when he knew that i am still helping my mother and my bro, which we have agreed upon before i accepted the proposal that id still be helping them and he totally agreed…but when we got married everything changes…until now my waist sometimes feel number because of our intense fight that first time he crumpled my face..it happened again and again…not to mention the verbal abuse…and the insults that he also made against my family. it has really affected my job and my personality. i tried to ask him that we should go for counselling but he only told me that he does not need to cos its me who is causing the problem cos he thinks that i am mentally ill.. i know i am not…but i feel that he is…so what i did..i got into a deal with him that we will seek help if he thinks i am mentally ill..and he can come with me…at first he agreed…but when i was about to really go for it…he then changed his mind..why should he come with me? and as always he will repeatedly tell me that i should only be the one to only go since he is well and not ill…but actually i feel that he is…he has a very sad childhood…he was physically abused and unwanted…i tried to understand him…cos i really pity him…but it did not turn out right for me..cos i have suffered all the consequences…and then i was adviced that i was not the only one whom he has physically abused..infact i was able to talk to the previous girl he lived with for a year..even his mom and his neighbors can vouch for it…now its happening to me..and the last time he hit me…it made me so swollen…in my face..and until now the scar is left as a souvenir…now i would like to know…is it already a strong ground for me to file annulment against my husband?
my husband and i has been separated since 2010… we have two kids.
the kids are with me. Actually with my parents since i’m a medical technologist working now in KSA. my husband has a girlfriend and they are living together since the separation. i am contemplating filing an annulment case. i’m not after the financial support of the kids, just the sole custody of them and of course the annulment of the marriage.
Would it be possible for me to file the papers even if im here in KSA?
Can i have a no appearance annulment case? and can we do it the fastest possible time? please do reply… thanks so much. GOD bless
dear atty…
i decided to married a japanes man… last 2007 and after 3 months..that day i can married.. i never heard any from him.. until now.. if he is die or not… i don’t have any contact from him.. any or email…. i don’t have any kids from him,, nothing soffort,,, and now i want to know if i have Right to married any man..if i dont file any annulled..please advice me
To all Lawyers
I would just like to know…..I am 63 yr old retired pensioner now back in the Philippines for good. Married in the Philippines 1982 to an American citizen. Lived in Maryland U.S.A for 30 yrs & acquired U.S. citizenship while there.Now have dual citizen (U.S. & Filipino) 2 yrs. ago my wife filed in Maryland for Limited divorce, I countered that by asking for Absolute divorce after spending so much money I lost & she got the limited Divorce…… she fought for that instead because in an Asolute divorce she has to give up any rights to my medical coverage & survivor benefits & life insurance.Now I am in the process of a Legal annulment & I would like to know if & when my annulment comes through here is it going to be valid in the U.S.
?m forgein adn ? want marri with a filipino woman.but she marri before..adn they living alone last 10 years..but someone said to me ( devorce is ban in phlipines ) is tis right ??
Hi Atty,
Good day.
I am separated to my husband for over 15yrs now. We’ve got married on December of 1993 and got separated November of 1997. All the years of being together our marriage was really on the racks. We tried to work it out but it seemed that incompatibility always in between us. We have two children, our eldest now is 19yo and the youngest is 17yo. I raised our children alone. I never had any support from my husband morally and financially. He has his own family now having 3 children from his live-in partner, (the last thing I heard about him). We’ve never seen each other for so long only last January of this year for the reason that my father in-law died. So with due respect to his family, me and my children attended the wake.
I believe that everyone deserves a second chance to be happy. i am in thought of filling an annulment to set myself free. Things never ended the way we would like it to be. So i have to move on and find a new happiness in my life since my husband has his own family now. My children are grown up now and sooner or later they will have to face their own family life. I have been working so hard all these years to send them to a good school. They are both in college now.
In this matter, I am seeking a legal advise on how to file an annulment and how much it will cost me. Should the number of years that we were separated would consider our marriage null and void? Please advise.
Thank you so much.
Regards,
Ems
Hi. I hope you can help me. I have a question on Article 53 of Fam Code.
Here is the situation –
My parents were married 1981. They lived separately starting 1993. My mother filed for an annulment and the court decision was given on 1998. I know there are steps to be done after the decision to complete the process. My mother has just filled the court decision to local civil registrar. According to her she received a certificate of registration and that’s it. She wasn’t given any advise as to what further steps she needed to do.
Researching the census website now, it says there that after getting the certificate of registration, she has to secure certification of finality from the court which rendered the decree, get the MC with annotation from local civil registrar, and file in NSO. All of these latter steps she wasn’t able to do.
As a matter of fact, we got an NSO copy last year (2012) of their MC and there was no annotation.
My father got married to his long time live-in mistress on 2007. My father died 2011.
My father has two properties (gratuitous) that was transferred to him 1997. The “presumptive legitime” of my brother and mine was not settled in the annulment, because my father did not mention he had these properties.
Can we apply Article 53 of Fam Code to second marriage because:
1) 1998 Annulment was not properly filed (ie no decree of finality, not filed in NSO) before the subsequent marriage in 2007
2) The legitimes of my brother and mine for the two properties (these properties were donated by our grandmother) were not settled prior to subsequent marriage
Thank you and God bless
Hello! I would like to know the process for annulment. I and my husband got married last oct.2010(civil wedding).Last December 2010 I went here in UAE to work.After how many months like 3-4 months working in UAE our communication with my husband was lost. I tried to reach him in different ways but he dont want me to get in touch with him.in fact he has a lot of ways to contact as we have common friends who knows how to get in touch with me..until now I dont what was happening to him..I dont have any news where he is now..but I heard from my friend that he has his new family now. I am an ofw, how can I file annulment for our marriage?What grounds should I apply for this? Please advice. Thank you
I have a question regarding procedure during an annulment case due to psychological incapacity in Angeles City. Is it typical procedure to have the pre-trial, have an appearance where the plaintiff testifies, have an appearance where the fiscal cross-examines, an appearance where the psychologist testifies, and an appearance where the witness testifies? In the US these would occur at one setting so the judge has a complete view of the case that is not staggered across many month. Thanks!