Posted on January 29, 2008 in Family Law
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.
After a year of marriage, my spouse and I agreed that our marriage is getting nowhere, and that we should go find someone else. We prepared an agreement that we both want an annulment. Would this be of any help in the annulment process?
No. As noted in a previous article, the Office of the Solicitor General (OSG) or the public prosecutor, as the case may be, is under legal obligation to make sure that there’s no collusion between the parties. In fact, the grounds for annulment or the annulment itself is one of the issues EXPRESSLY removed by law from the matters that could be settled or compromised.
My wife (or husband) sent me a letter saying that “wala na akong pag-ibig,” “ginamit lang kita” or “let’s separate.” Are these sufficient grounds for annulment?
No. The law is always in favor of the validity of the marriage. A signed contract by the spouses that they agree to an annulment, as discussed above, is against the law, moral and public policy. Therefore, it is not valid.
My spouse, who is no longer a Filipino citizen, said that he/she will not object to end our marriage. Can I seek an annulment here in the Philippines or, if that’s not possible, a divorce in the United States or anywhere abroad?
Article 26 is clear that only the former Filipino (or the foreigner spouse) may seek a divorce abroad. In other words, even if a spouse is no longer a Filipino, the other spouse who is still a Filipino can’t validly seek a divorce.
I am a Filipino citizen, married to a foreigner. I discovered that my foreigner-spouse secured a divorce abroad and is now married to someone else. What should I do to be able to remarry? Is that unfair to the Filipino?
This definitely seems unfair to the Filipino spouse, as the foreigner spouse (or the spouse who is no longer a Filipino) could remarry after securing a divorce. The Filipino spouse, on the other hand, must get hold of the divorce decree and have it recognized in Philippine courts. Dura lex, sed lex. The law may be harsh, but it is the law.
If my spouse is confined to a mental hospital for years now, can I use that as a ground for annulment?
Insanity is a ground for annulment, but it must be shown to be existent at the time of marriage (and, besides, it is subject to ratification by cohabitation). It could also be used to support the ground of psychological incapacity, but such must also be shown to be existent at the time of marriage and must appear to be incurable (among other requirements). Please note, however, that insanity is not synonymous with psychological incapacity.
How much will I spend for a petition for annulment or a petition for declaration of nullity? How long does it take?
These matters are discussed in a previous post. The amount of expenses depends on the grounds relied upon, as some grounds are relatively easier than the rest, like psychological incapacity. It also depends on the acceptance fee of the lawyer. The duration of the entire process also depends on a lot of things, e.g., the grounds relied upon, docket of the court, availability of the judge or the public prosecutor, postponments, etc. In other words, there’s really no fixed cost or duration.
I believe that my marriage is null and void because my spouse had a previous marriage. What should I do to remove my marriage file at the National Statistics Office (NSO)?
Nobody could simply “remove” any official record at the NSO, as this is a criminal offense. A petition for annulment or declaration of nullity (see distinction between a petition for annulment and a petition for declaration of nullity) must be filed in court and once a favorable decision is issued, the decree is registered with the pertinent civil registries and the NSO.
I’m separated from my wife for years now. I recently learned that she got pregnant by another man. Can this be used as a ground for annulment? Can I have custody over
our child?
Infidelity is not a ground for annulment (please see the grounds for annulment in the previous post). At most, it could be a basis for legal separation or filing a case for adultery. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Please read the previous post on the primary criterion in granting custody.
If you can’t find the answers here, please refer to Part I, Part II or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
Loading ...
If I get hold of the divorce decree of my alien spouse who has married abroad and have it recognized in Philippine courts, will it be a sufficient evidence to support my marriage annulment case?
Is the divorce decree secured abroad by the alien spouse a valid ground for annulment of marriage in the philippines?
parang bar question.
such decree is not suffecient to support your annulment case.its not among the grounds for annulment mentioned by the family code.
there’s no need to annul your marriage because,in the first place,your alien spouse has already secured a divorce decree abroad and such decree(provided that it is valid,the foreign court has jurisdiction,and its in accordance with the law of the place where the decree was obtained)will capacitate you to marry again.
however,such decree must be proved first in our court in accordance with our rule on evidence.
Hi! I just wanna ask regarding the petition for recognition of foreign judgement?
I been married with a japanese national and got divorce 2 years ago. Since, I don`t have any choice so I accepted it. I file an annulment here in the philippines but it takes time. Do I have to prepare a big amount in order to get the result of petition for recognition of foreign judgement? Hope to hear your answer.
i dont think you need to file any annulment case anymore… but i think that you need to have the divorce decision to be executed here….
the law is a crap!!! what’s the use of filing an annulment if the law is always in favor or the validity of marriage???…DUH!!!
the presumption of the law is always on the positive side. mylz, would you rather have the law which tilts on the presumption of guilt, and that you would have to prove your innocence?
same with marriage, the presumption is that it is always valid and you would have to prove that it is otherwise.
mylz: the law is not crap.. seriously, yun ang arguement mo?
bakit kasi ang dami atat magpakasal…
marriage is a mere excuse of people who are afraid to be alone… cowards hehehehehe
my previous marriage has been annulled, i have a full custody of my 6 yr old son. will i be needing his fathers permission if we will leaving the country for K1 visa with my son?
thank you.
Can I ask something?
I’m Foreigner Lawyer.
Do you have an articles about approvament of foreign judgement?
If you have, Please e-mail me about that.
PLEASE HELP! I was forced into marriage in sept. 2004, havent had any contact or anything with my wife since then, i live in california, filed for divorce in NEVADA and was granted by a judge but my wife never signed, i have the divorce decree with me, i plan to remarry in the philippines but people have told me i cant until i annull my wife, i am a permanent resident alien in USA, can i file a petition for my wife to be without getting a annulment in the philippines? please someone help me….p.s…i have already filed for annulment in the philippines but has no decision as of yet…someone please help me, thankyou!
i’ve been married for 12yrs from now.after 4yrs of marriage we got separated she had a new husband and children right now and some says she marry again for the second time around.were almost 8yrs separated with no communacation at all.i want an annulment…what grounds should i file? i’am 18yrs old wen we got married theres no signature on my behalf(my parents)shes ahead of 2yrs from me.please help me give me some advice.
Sir,
my friend needs help po.His case goes like this.
He and his ex wife got married at the age of 17 bcoz the girl got pregnant. He doesnt have plans to marry the girl but the family of the girl kept on insisting them to be married so they were married in the church.
They were together for just 1 year coz he help the girl to go to Dubai with his brothers there. The girl found someone else in Dubai and went away with that guy. But when the girl was still here in the Phils. he already heard rumors that his wife is doing something else but tries to ignore.
My friend is also in abroad when he knows everything. He resigned from his job and went home and tried to contact the girl hoping they would fix whatever was wrong with their marriage life but the girl didn’t went home and chooses to be with the new guy she know and one day she just called my friend and tell him that she doesn’t love him anymore and he just have to find someone else too. Now his ex-wife is living together with her new partner abroad though his ex wife didn’t bring her new partner when she went home last last month. But accdg to my friends’ brother,they really confirmed that his ex-wife has a new partner now.
My friend is already 25 now and his ex-wife is 26.Both are out of the country now. My friend wants to file an annulment cause he has a girlfriend now that he wanted to marry.
Question is: Could my friend file an annulment though both of them are out of the country?..If so, how?
Is there a great possibilty that the annulment will be granted in his case??
Annulment in the Philippines: Questions and Answers…
After a year of marriage, my spouse and I agreed that our marriage is getting nowhere, and that we should go find someone else. We prepared an agreement that we both want an annulment. Would this be of any help in the annulment process?…
hello sir,
how will i verify if the license number of my lawyer is valid?
thanks in advance!
I WAS MARRIED IN BUTUAN,MY EX AND MY KIDS IS LIVING IN CAGAYAN DE ORO,IAM GOING TO STAY IN CEBU CITY WHEN I GET BACK HOME THIS NOV.WHERE IS THE BEST PLACE TO FILE AN ANNULMENT?