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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Addendum: the defendant is not replying to court notices.
I would like to know if i have the right to file for an annulment.I am five years now working abroad after 12 years of trying to cope up with my husband’s alcoholism and irresponsibility. My three kids now are being looked after by relatives. My eldest son is under my sister-in-law’s care who is now in college and my two,a girl and a boy are under my uncle’s custody and both are in private schools. My husband is living alone and jobless and is away from our children and not bothering to help me financially to support our children. I shoulder everything of my children’s basic needs and education.
Atty.
I am now currently working abroad and I want to file a petition for annulment. I had been married since feb of 2008. But me and my partner never stayed in one roof. The marriage we did is for the purpose to go to abroad before but unfortunately it didn’t happened so now I want to have a legal action on this matter where I can file a petition here in Dubai? Is it possible not to show on the court hearing? And how much will be the total expense of everything until it finish. I am hoping for your answer.
Angel
Need advice on how to process annulment while I am in abroad? The husband is also here and the kids are both in the PI. What do I need to do and how much will it cost me, I live in Makati, obviously need to file it there.. How long will be the process? If ever the annulment will proceed, are we allowed to have communication? Should I need to shift to another place? Because we are living in the same house at the moment.. Kindly advise and Thank you!
Hi I’m working overseas and I want to file declaration of nulity of marriage… can I file it to pao? or I need a private lawyer from the place we got married?what are the procedures?thanks
im divorce eith my ex husband in japan.how can we get annulment in philippines if where both abroad.
We married in the Phils in the late 80s and just recently been granted divorce here in Australia (both Australian citizen). I’m thinking of applying marriage annulment. Can I apply the annulment here in Aust? I wonder how long will it take to complete the process?
Appreciate your feedback.
Regards,
gr8
paano po b yung nullity saan po mag aaply nun at magkano po?
ng 18 years old po ako nagpakasal kmi ng asawa ko para mabinyagan lang ang anak nmin madalas nya nananakit wala po syang trabho at mabarkadang tao,after namin maikasal sinabay ang binyag ng anak namin after po nun bumilng lang ng lingo at kmi ay naghiwalay n rin,sa ngyon po ay 15 years n kming hiwalay,
gusto ko o sana maging legal yung paghihiwalay namin para rin sa ikakabuti namin dalawa at ng anak namin,at para rin makasama namin at mapakasalan yung mg ataong karapat dapat para samin pareho,nagkausap po kmi at handa sya pumirma ng kaht ano para maipawalang bisa yung kasal namin,sana po matulungn nyo ako,
Sir… is there a way to process annulment for OFW overseas filipino worker at saudi arabia. is there any way i could do it here to process both me and my wife working here.. thankz