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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hello poh just wanna ask if i got my divorce paper coz my husband filling for divorced we just got married last yr of july but his filling divorce this month i never been in US so do u think atty they will grant the divorce? and is it honored here in the philippines bcoz i have plan to get married again…thanks i need some advce..
my former husband ko po ay may sarili ng pamilya at hindi ko na po alam kung saan sya hahanapin at ako po ay may sarili na ding pamilya , 15 yrs na po kaming seperate ..kailangan ko po bang iannul ang kasal namin para maging legal ang pagsasama namin ng present bofriend ko?
me & my husband were married in a different city w/c none of us resides in or even born in. i wrote a different address in the marriage license (a borrowed address from someone who lives where we’re married), plus we never attended seminars & any formality of such. i also learned that he cheated on me while he’s working abroad. is it a ground for nullification of our marriage?
I have a question for you..My ex is filing for an annulment in Manila. i currently live abroad. How can I find out the status of the annulment proceedings without asking her? Do I call the city hall where we got our liscence from?
my husband left us last may 20088. we got married twice, civil and church 1999 & 2000. this year, i decided to contact him and we agreed that we should have file an annulment. my husband said that there is no case because its already finish. i really dont understand what he meant. so i asked him to send me documents to verify that our marriage is already void. this week i received a copy of our marriage contract with remarks that it is already void and a piece of paper from the regional trial court stating that the civil case filled against me had a decision. But i am clueless of the civil case filled against me because its not stated in that piece of paper. my husband told me that i am now single. my question is, is it really possible that my marriage both church & civil be annulled or void without my knowledge?
i am so frustrated with my husband. we got married in 2006 and up to now he doesn’t take responsibility of me and my child. we are supported by my family, lives in my family house anda all expenses are from my family. my husband have had trouble in our neighborhood and now has a case filed against him. i am so fed up of his ways, we have problems financially and emotionally but he never help me in anyway. what grounds do i file against him. i want him out of my live but he doesn’t want to move out. pls help me.
Hi, good day! I just don’t know what to do para mapaalis yung ex-husband na nakatira dun s bahay na nabili ko which is kasama sa cojugal property na dapat paghatian namin. The problem is, paano namin mabebenta at mapaghatian yung bahay na yun if nakatira sya doon. Annulled na po yung marriage namin last year. Do I need to ask a Sheriff mapaalis lang sya dun? Please help me…Thank you.
I would like to file an annulment and looking for a lawyer.Can you be my lawyer. Please reply how and what will I do? The ground for annulment would be psychologicaly incapacitated.
hello po, all the while i thought my husband is working in pamapanga when i discovered that he is on the same city where i was staying.So our set up now was that i’m renting my own apartment and he is also renting his own and because of this kind of situation his income is not enough to support our financial needs. can i file abandonment against him in the barangay where he is living? because he haven’t given me financial support for a month. Thank you
Hi……what is meant awaiting moderation?
totoo po ba na recently meron daw pong new rule na pag magpapa-annul ay kailangan na me pirma nung nagkasal (meaning, i-aprove muna nung nagkasal ang motion ng isang party para magpa-annul) para in the final stage ng annulment procedure ay ma-approve ng judge yung annulment. According dun sa nagkasal sa amin, nagkaseminar daw po sa mall of asia regarding this.
hi im separeted for almost 6 years now and my ex is already have another family in Pampanga… I wanted to annul our marriage but according to my ex he already annulled our marriage with the ground of presumptive death i just learned it today but it was annulled last 2008,,, When i ask our lawyer if i can use it and he saidn it is just good for him and theres no way i can use it even here in our country if i want to remarry… so i will need to annul our marrIage… Our lawyer said i can use the so called annulment to our marriage and his new marriage to my case but of course he will not give me a copy of it…. Can you tell me how can i secure a copy of that annulment and their marriage contract when i didn’t know the where and when the exact date of the annulment and their marriage and the full name of the girl…. Please Help me….
hi i want to annul my marriage . i was abandoned for almost 20 yrs. and he always in abroad, i couldnt find him where he is now. can i used abandonement for filing a case for annulment?
Hi, I’d like to ask regarding annulment. My married boyfriend is planning to annul his marriage in philippines for the reason that he no longer love his wife. He was being pressured to marry in the first place because the girl was pregnant.The only reason he stays to his marriage because he has a child and he’s been marriage for 6 years. He’s been planning to do this before I even met him. You think, is this good enough or right reason to void his marriage? Would the judge will give him his petition? What the procedure? Where to seek a lawyer? Your advice is greatly appreciated. Thanks a lot and hope to hear from you soon.
WE WERE MARRIED IN DUBAI AND NOW GOT THE DECISION FROM RTC THAT WE ARE ANNULED..NOW GOIN BACK TO DUBAI. DO I STILL NEED TO GIVE COPY OF ANNULMENT TO OWWA OR CONSULATE IN DUBAI??WHEN WILL I GET A NEW SINGLENESS AFTER I GIVE THE RESULT OF ANNULMENT TO NSO AND OWWA?,does the paper need to ne authenticated by dfa?? IS THE PHIL. CONSULATE DUBAI CONSIDERED THE CIVIL REGISTRY IF YOU WERE MARRIED THERE OR YOU CAN JUST GIVE THEM A COPY OF THE ORDER OF THE RTC??THANKSSSS
when will i get a singleness after i am
anulled now? ..plannng to get married in 6 months with my fiancee..still on good relation with my ex and still frineds..she has new good life now..we are both Filipinos and really appreciate your reply..thanks