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Browse our 26 legal questions about Annulment in Philippines and the lawyer answers, or ask your own questions for free.
In the Philippines, annulment is a legal procedure to declare a marriage void. Contrary to divorce, where a valid marriage is terminated, an annulment treats the marriage as if it never happened. There are various grounds on which an annulment can be filed, including psychological incapacity, consent obtained through fraud or force, the physical inability to consummate the marriage, serious STD, and others.
An annulment process can be a challenging task, however, that typically requires the proficient help of a seasoned attorney. The process starts with filing a Petition for Annulment with the appropriate court and ends when the court finally grants the annulment.
You may need a lawyer if you’re going through the annulment process created by the Philippines' Family Code. Attorneys can provide legal advice, handle the extensive paperwork, and represent your best interests in court. The legal process can get complex, stressful, and tricky – particularly if your spouse contests the annulment. A good lawyer can help smoothen the path and support you throughout this challenging time.
In the Philippines, particularly in Quezon City, several laws cover annulment. The primary law is the Family Code, but there are additional provisions in the Civil Code and the Rules of Court.
Unlike other jurisdictions, the Philippines does not permit divorce for its citizens. As a result, an annulment is the only means to dissolve a marriage legally, barring legal separation and death. The Family Code provides specific grounds for annulment such as psychological incapacity, a lack of parental consent for those married under age, and medical conditions.
The grounds for annulment in the Philippines include psychological incapacity, consent to marriage obtained by fraud, consent obtained by force, physical incapacity to consummate the marriage, and affliction of a serious sexually transmitted disease unnoticed by the other party.
Annulments can take anywhere from a year (for a quick and uncontested annulment) to 2 years or more for complex, contested cases.
The costs of an annulment in the Philippines can vary widely, but it will usually include filing fees, attorney’s fees, professional fees for a psychologist or psychiatrist, and other court charges. By some estimates, the process can cost anywhere from PHP 100,000 to PHP 300,000 or more.
No, both parties do not need to agree to the annulment. If one party contests, however, it can make the process significantly more complex and lengthy.
While both procedures end the cohabitation of married individuals, an annulment declares a marriage null and void, effectively erasing it. Legal separation, on the other hand, doesn’t invalidate the marriage but allows the spouses to live separately.
Foreign nationals married to Filipino citizens can file for annulment in the Philippines, but the grounds for annulment should be valid under their respective national laws.
Once the court has granted an annulment, the marriage is considered never to have existed, and both parties can remarry, subject to compliance with certain procedural requirements.
Yes, but their rights are more limited compared to legitimate children. They are entitled only to half the legitime (portion of the inheritance that cannot be compromised by testament) of legitimate children.
Conjugal property—property acquired by the couple during their marriage—is generally divided equally, unless there is a different agreement in a prenuptial contract.
The annulment process in the Philippines is a public process, and judgments are matters of public record. However, steps can be taken to protect sensitive information from being publicly accessible.
The Philippines Court System often provides guidance and forms for civil annulments. Additionally, various non-profit organizations offer counseling and support for individuals going through an annulment. Review the materials provided by the Law Library of Congress, Philippine Commission on Women, and Integrated Bar of the Philippines for more information.
If you're considering pursuing an annulment in Quezon City, the first step would be to consult with an experienced attorney. If financial resources are a concern, seek recommendation from non-profit organizations or legal aid services. Ensure all the required paperwork is accurately completed and submitted within the appropriate timelines. It’s important to discuss any potential implications with your lawyer to understand the process completely.
