I want to know the procedure of annulment

In Philippines

Last Updated: Dec 22, 2023

My partner is from the Philippines and she is already married there, she was staying separated there but since she came abroad her husband has been blackmailing her for money, we both are abroad and we want to marry but because of her married status we can't marry, We want to apply for an annulment, I saw online that we can also apply for an annulment from abroad. can you please explain this procedure how much it will cost us and how long it will take.. is there any chance that they declined our annulment?

Answers (2)

Posted Fri, Dec 22, 2023 2:21 AM

Please contact me and send me a direct message. I am a Manila based lawyer.

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Posted Wed, Dec 27, 2023 1:50 AM

A case for annulment or a declaration of nullity of marriage is filed at the Regional Trial Court of the place of your friend's residence in the Philippines or that of her husband.  The ground usually used as basis for this type of case is Psychological Incapacity under Article 36 of the Philippine Family Code. This is not insanity per se. It means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity may range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy and  indolence.  Your friend's presence in the Philippines shall be required from time to time such as during her deposition-taking at our office and the giving of her testimony in court.   

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