Understanding the Annulment in the Philippines: A Complete Guide

Last Updated: Feb 19, 2024

Deciding to legally end a marriage is never easy. It is a path filled with emotional challenges and tough choices, particularly in the Philippines where the annulment process can be a long and draining journey. If you find yourself at this crossroads seeking clarity and direction, this guide is here for you. It provides comprehensive insights into the process, helping you understand what lies ahead.

From the legalities to the emotional toll, this article is designed to equip you with the knowledge and support you need to navigate this challenging phase of your life. Read on to explore more about how to best prepare for the journey ahead.

What is the Difference Between the Declaration of Nullity and Annulment

Declaration of Nullity is a procedure that considers marriage as invalid from the start due to issues that were not discussed or declared before the wedding. Annulment on the other hand means that the marriage was valid when it started, but something happened later on that made it invalid. Both outcomes allow the individuals to marry again as their previous marriages will be legally nonexistent.

What are the Grounds to Consider a Marriage Invalid

Annulment

Psychological Incapacity: It is when you or your spouse are unable to fulfill the basic obligations of marriage due to psychological issues. The incapacity must be grave and incurable.

Fraud: If you or your spouse were deceived into the marriage by lying about being pregnant or concealing a drug addiction.

Consent Obtained Under Duress: It is when one of you was forced or threatened into the marriage

Physical Incapacity: This refers to the inability of either of you to consummate the marriage and there is no cure to it.

Serious and Incurable Sexually Transmissible Disease (STD): If one of you was unaware that the other had a serious incurable STD at the time of marriage.

Declaration of Nullity

Minority: If one or both parties were below 18 years old even with parental consent.

Psychological Incapacity: This should have existed at the time of marriage and made the marriage void from the start.

Consanguinity: Marriages between blood relatives to a certain degree are void from the beginning.

Bigamy: If one spouse was already legally married to someone else at the time of the subsequent marriage.

Fraud: Certain types of fraud like hiding the inability to bear children or concealing a sexually transmissible disease.

Force or Intimidation: If the consent to marry was obtained through force, threat, or undue pressure.

Impotence: An existing incurable inability to consummate the marriage.

Affinity: Marriage between certain in-laws like a person marrying their stepchild.

Requirements Needed to File for Annulment

Petition for Annulment

This is the formal document that initiates the process. It outlines the details of the marriage, the grounds, and other relevant information about the petitioner and the respondent.

Marriage Certificate

A certified true copy of the marriage certificate is necessary. This can be obtained from the Philippine Statistics Authority (PSA) or the local civil registry where the marriage was recorded.

Birth Certificates of Children (if applicable)

If the couple has children, their birth certificates must be included. These are also obtainable from the PSA.

Joint Affidavit of Two Witnesses

This is a written statement by two people who know the couple well and can attest to the facts of the marriage.

Collusion Affidavit

The petitioner must submit an affidavit stating that there is no collusion between the spouses to obtain the annulment.

Psychological Evaluation Report (if applicable)

In cases where psychological incapacity is cited as a ground to void a marriage, a psychological evaluation report from a licensed psychologist or psychiatrist is often required to substantiate the claim.

Detailed Narrative

The petitioner is usually required to provide a detailed narrative of the marital relationship, highlighting the specific issues and incidents that are being cited as grounds for the annulment.

Financial Documents

Documents related to marital assets, income, and liabilities might be needed, especially if there are disputes regarding property division, child support, or spousal support.

Proof of Residency

Documentation to establish the residency of the petitioner, such as a barangay certificate or utility bills, may be required to demonstrate jurisdiction.

Legal Fees Receipt

Proof of payment of legal fees is sometimes required as part of the court documentation.

Pre-trial Briefs

These documents, prepared by the lawyer, outline the issues to be tackled, the evidence to be presented, and the witnesses to be called during the trial.

Steps to Initiate an Annulment Process

Step 1: Determine Eligibility

Before proceeding, it is crucial to ensure that your situation meets the criteria as defined by your local laws. Given the legal complexities, consulting a lawyer who specializes in family law is advisable. They can guide you through the process, help determine if you have a valid case, and explain the specific requirements and implications.

Step 2: Prepare and File Petition

You will need to prepare a petition for annulment, which is a legal document outlining your case and reasons for voiding your marriage. This is then filed with the appropriate court.

Step 3: Serve the Papers

Once the petition is filed, the other party (your spouse) must be formally notified. This procedure is known as "serving the papers." The method of service varies by location and legal requirements. After serving the papers, your spouse has a set period to respond. Their response can agree with, dispute, or ignore the petition.

Step 4: Court Proceedings

If contested or if there are complex issues to resolve (like custody or division of assets), the case may go to court. Here, both parties can present evidence and arguments. If the court finds that the grounds are valid and proven, it will issue an annulment decree, legally declaring the marriage null and void.

Step 5: Post-Annulment Matters

Even after the process, there might be issues to address, such as property division, child custody, and support.

How Much Does Annulment Cost?

Expense Category	Description and Cost Range
Legal Representation Fees	Ranging from PHP 100,000 to over PHP 300,000, depending on the attorney's expertise and the complexity of the case.
Court Filing Fees	It varies based on the assessed value of assets, spanning from several thousand to many tens of thousands of pesos.
Prenuptial Investigation Expenses	Typically PHP 5,000 to PHP 10,000, based on the professional conducting the investigation.
Notice Publication Costs	Costs for publishing in a newspaper, if necessary, range between PHP 2,000 and PHP 5,000.
Additional Outlays	Include travel, document handling, photocopying, and other miscellaneous administrative expenses.
Case Duration Impact	The length of the proceedings can influence the total cost, with some cases usually lasting 1 to 2 years.

For individuals with financial limitations, some organizations may offer legal assistance at a reduced cost or pro bono.

What Happens After the Annulment

Status of Children

The custody and support of the children are determined through legal proceedings. The court will prioritize the children's best interests in its decisions. This includes custody arrangements, visitation schedules, and child support. The goal is to ensure the children's well-being and stability, considering their emotional and physical needs.

Both parents need to maintain a positive and supportive relationship with their children. This is to help them adjust to the changes in their family dynamic.

Property and Assets

How property and assets are divided depends on the agreement the couple had when they got married. If they did not have any specific agreement, the law usually split the properties they got while they were married equally between them. But, the things each person owned before they got married are generally not shared and stay with the original owner.

Re-marriage

Getting remarried is certainly possible after getting annulled but it is important to think about the potential impacts this decision might have. Remarriage can affect various aspects of your life, including personal relationships, financial stability, and plans. Considering these factors carefully before deciding to remarry can help ensure that you are prepared for the changes and commitments that come with a new marriage.

If you are currently facing challenges in your marriage and feel that annulment might be the right path for you, it is essential to seek the right legal support. To assist you in this journey, we have compiled a list of some of the best annulment lawyers in the Philippines. These experienced professionals can provide the necessary legal advice, support, and representation you need.

Philippines Annulment Legal Questions Answered by Lawyers

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