Annulment can ONLY be Filed in the Philippines

If the marriage ceremony was done in a Philippine consulate abroad, should the petition be filed abroad or in the Philippines? If the marriage celebrated abroad was registered here in the Philippines, can the petition be filed abroad? If the marriage was solemnized abroad and a church wedding was subsequently held in the Philippines, where is the proper venue for filing the petition for annulment or declaration of nullity? The Philippines or abroad?

These questions boil down to one issue — where to file the petition for annulment or declaration of nullity? This issue, as well as the variety of related questions we received, was already addressed in a previous Q&A. The repetitive questions surrounding this topic, however, means that it  may be best to have a single post solely focused on this issue. So here goes:

No, the petition for annulment or declaration of nullity CANNOT be filed abroad. It can ONLY be filed in the Philippines. It doesn’t matter how many marriages were celebrated. The country where the marriage was solemnized is immaterial. It doesn’t matter if wedding ceremony was done in a Philippine embassy or a foreign church. The petition can only be filed in the Philippines.

49 comments

  1. Ask ko lang Po attorney kung totoo ba n pag 5 yrs k ng hiwalay pwede k n mag file ng annulment mas mura at 3 months lang daw po, yon po kasi sabi Ni miss Loren legarda sa news at kung sakali n totoo ano po ba ang mga kailangan kung gawin pwede po ba n mother ko nlang ang mag asikaso kasi po nasa abroad ako ngaun

  2. Ask ko lang Po attorney kung totoo ba n pag 5 yrs k ng hiwalay pwede k n mag file ng annulment mas mura at 3 months lang daw po, kung sakali n totoo ano po ba ang mga kailangan kung gawin? sana masagot nyo itong mga tanong ko. we been separated since 1999 pa po at ang pgkakaalam ko ay ikinasal na po sa ibang babae ang asawa ko? pwede po ba yon eh hndi pa kami annul?

    Maraming salamat po.

  3. Hi. Good day atty. ask ko lang po sana what are the docs needed to file declaration of nulity? Pareho lang din po ibig sabihin non sa annualment? Kung pareho po at mag apply ako ng nulity pwede parin ako mag accept ng 2nd marriage after ma approved ng nulity? We both work abroad. And gano po kaya katagal ang processing nito and the cost incase po. Maramaing salamat po

  4. .hello po.. ask lang po.. madali lang kaya mkapag annul.. gusto nmen magpakasal ng bf ko.. kaso kinasal n sya noon.. wala sila anak, 2 years n cla hiwalay, may sariling pamilya na yung babae, kami ng bf ko wala p po kame anak at hindi p kme nagsasama.. 17 lang yung bf ko nung kinasal xa.. 22 yung babae.. madali lang kaya yung process pag ganito yung case.????

    salamat po..

  5. Good day Atty!

    I’m currently working overseas, I would like to file for an annulment to my wife. I filed a legal separation last Sept 2012. I have not hear from my lawyer though. We got married when I was 18 and she was 17 years old. The fact that her family forced me to elope with her I guess that’s why no matter what it did not work out. Can I file for annulment or nullidity of marriage even i’m currently working abroad. What should I do? How long would it take and is my reason valid since we both underage when we got married.

    Pls help.

    Lovelyn

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