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).
Related Posts:- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- Annulment in the Philippines: Questions and Answers (Part II)
- Questions and Answers: Annulment in the Philippines (Part 4)
- Annulment in the Philippines: Questions and Answers (Part 6)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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my question is this. i got married for almost a year. we have a 1year old son. he did not support anything fot my baby. itinakwil na nya ang anak ko. at ang sabi ay kaya naman daw nya gumawa ng maraming anak. as of now all i want is to have a legal separtion with my husband. help me!!!
can i file a petition of foreign judgement in my daughter’s behalf.
my girlfriend was force to get married in 1998, when she got the chance to escape from her husband…she flew and work in thailand. since then she never see or meet her husband again. Their been 7 yrs seperated. They dont have child, I am planning to get her here in canada. Is their marriage still valid? What are the chances of filing an annulment. How long and how much would it cost.
@ rob
assuming that your girlfriend’s husband is still alive, then her marriage to her estranged husband is still valid and subsisting notwithstanding the fact that they have been separated for seven years. as you did not elaborate on what could have possibly went wrong with your girlfriend’s marriage except for the fact that she was “forced” to get married, then it is not possible to comment on what legal grounds are available to her in seeking a possible annulment of her marriage. take note however that not all unsuccessful marriages can be annulled considering that the contract of marriage is a special contract which the State has an interest which cannot be conveniently discarded or set aside at the whim or caprice of the parties (spouses).
as has always been said, this website is not intended to provide legal advice but merely general information. i suggest that you read the first two parts of this topic on annulment, you might find them very informative with respect to your questions regarding how long and the costs to be incurred. after you both have considered your available options, then it is best for your girlfriend to seek legal representation from a competent lawyer who can file a petition for annulment of her marriage, if so warranted.
@ joy
if you want to verify the Roll Number of your lawyer in the roll of attorneys at the Supreme Court, you can check with the listing provided in their website: http://www.supremecourt.gov.ph/bar/law%20list/index.php. you may also want to check with the Office of the Bar Confidant (OBC). the OBC is that office in the Supreme Court that keeps tab on the professional records of all lawyers in the Philippines.
in a marriage where one of the parties is an alien, most of the situations given is the alien obtained a divorce abroad… i have not come accross a situation whether an alien spouse can file a petition for declaration of nullity of marriage in the philippines against the filipino spouse.. would that be allowed?
Hello:I am an U.S citizen residing here in Cebu City.Recently my wife of 8 years sold our home and absconded to the U.S.with the money leaving me and my adopted(orphaned)daughter homeless.She disposed of everything including all appliances,furniture,clothing,and even my daughters toys.Do you know of an honest attorney that will represent my Daughter and i in an annulment and not try to capitalize on me being a foreigner.
I love my Daughter and will parent Her properly and be her Daddy forever.After what my wife did (and has done in the past)I do not have alot of money.
Sincerley
Gary and Logan Curteman
I would like to inquire regarding a situation of a friend of mine about his so called marriage. He got married in a civil rites wedding without his family and only the family of the girl was there and because the family of the girl knows the mayor or judge there is no marriage rite anymore and he was asked to sign the papers right away. Should he be given a copy of the contract of the marriage? How would he know if the mayor or judge registered it to civil registrar? He went to NSO to apply for birth certificate or marriage contract for his application in getting a passport. NSO cannot issue him marriage contract co’z there isn’t marriage certificate for him, what does it mean? Then, less than 1 year of the marriage they got separated and its been more than 4 years now that they dont have any communication. What would be the ground for annulment of his situation?
I am an American who married an older filipina (50YR OLD) because she threatened to ruin our business deal if I didnt marry her. We are now separated for almost a year and I am planning to file an annulment instead of divorce because im a resident of the philippines now. I would like to know if my marriage is valid because I found out that she used her ex husbands last name(danish) on our marriage contract. Is that grounds for annulment?
nag pakasal kami ng asawa ko dati dahil buntis siya pero wala naman kaming pormal na relasyon noon,gumamit din ako ng fake na birth certificate ko dahil wala akong birth certificate,after 2 years naghiwalay din kami dahil di talaga kami mag kasundo s maraming bagay,7 taon n kmi ngaun hiwalay pwede ba ako mag file ng annulment kahit ayaw pumayag ng dati kon.g asawa?anung grounds ang pwedeng gamitin?
My husband and I are married for 4 months now but have been together as boyfriend and girlfriend for 8 years. He’s been jobless for 6 yrs, he graduated in 2002 and is not in a hurry to get a job, he’s still waiting for a job from his father’s office. He owns a small bar but the income is very small, can’t even sustain his own needs. I work to pay for the monthly bills and needs. We don’t have children yet, no properties were acquired yet, no conjugal house nor car. How can we file for an annulment the easiest, cheapest and fastest way? Thanks.
I am married for more than 20 yrs now to a foriegner.we never lived together after day one of our civil rites,in less than a month she went back to states and from then on we never had a communication.now, i don’t know her where abouts and if she’s dead or alive.now,i want to get married again.what should i do to clear my name to get a CENOMAR?
i am married to a foreigner..he wants to separate tome..and i agree about having annulment..but he not fixing..what should i do?please help me..thanks
married po ako sa wife ko ng 5 yrs.but our relationship doesnt working anymore.now, im filing an annulment.approve n ng court ung case pero ayaw pirmahan ng wife ko.gus2 dw nya ko mgdusa at d n mkpgasawa ulit kht kelan.ano po bang pd kong mgng step pra ma annuled kme even if walang pirma ng wife ko.pls sana mbgyan nyo ko ng advise ASAP.tnx a lot
I am a U.S citizen and I am filing for divorce from my wife in the Philipines. We were married there. I plan to remmarry in the Philippines. My question is as a U.S citizen do I have to file for a petition for a foreign judgment of a divorce after our divorce is finalized. Any answers to my question would be helpful God bless
Mr. Fleck, Melvin J.