“I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid?” This is one of the discussions or questions, submitted through the comments in various posts, which centers on the validity of marriage without the knowledge or consent of parents. This is a general discussion on parental consent and parental advice.
Continue readingTag Archives: declaration of nullity
Judicial Recognition of a Foreign Divorce Decree
Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this. In certain instances, however, a divorce validly secured abroad may be recognized here in the Philippines.
Continue readingCan Someone Remarry Without Going to Court due to Absence or Separation?
Can someone automatically remarry after being separated, or when the other spouse had been “absent”, for several years? There are a number of questions along this line that were posted in the Forum. While there’s already an initial discussion on this, the question keeps cropping up, so let’s put this issue to rest once and for all.
Continue readingProposed Divorce Law in the Philippines
Divorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, seeking for the legalization of divorce. This Congress (14th Congress), Gabriela again filed a bill to introduce divorce in the Philippines. Here’s the explanatory note of House Bill 3461, filed by GABRIELA Women’s Party Representatives Liza Largoza-Maza and Luzviminda Ilagan. Let’s open this topic for discussion (use the comment section below; see also Mixed Marriages). Let’s avoid name-calling and focus on the merits. If you support or oppose the bill, then perhaps you could talk to your respective representatives in the House.
Continue readingAnnulment in the Philippines: Questions and Answers (Part 3)
My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?
No. A marriage license is valid only for 120 days, and any marriage contracted after that period is null and void. A woman cannot use his putative “husband’s” surname in the absence of a valid marriage. [See: Grounds for Declaration of Nullity of Marriage]
Venue of Petitions for Annulment or Declaration of Nullity of Marriage
One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages —
Continue readingRule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages
Costs in Annulment Cases in the Philippines
There are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity.
Continue readingAnnulment in the Philippines: Questions and Answers (Part 2)
One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).
Continue readingRule on Legal Separation
(The Rule on Legal Separation, covered in A.M. No. 02-11-11-SC, took effect on March 15, 2003 following its publication in a newspaper of general circulation. For a summary of the rules, see Steps / Procedure in Legal Separation Cases)
Continue reading