Posted on June 27, 2007 in Family Law
There were a lot of questions on the first FAQ, some of which were not answered due to certain prohibitions (see Part 1 or Part 3). For information purposes, we added Part II, wherein we discussed other common issues relating to the topic on annulment and divorce. These issues include the role of the Solicitor General, the duration and costs of annulment proceedings, and where to seek free legal aid.
Should I seek an annulment?
This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.
What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?
The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay.
How long does an annulment process usually take?
The entire process could take less than a year or, if you’re unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly.
How much does it usually cost?
This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least Fifty Thousand Pesos (PhP50,000).
I have a limited amount of money. Where can I seek legal aid?
There are certain institutions where you could seek free legal assistance. Start with the Public Attorney’s Office (PAO), although they may or may not accept your case, depending on their load (they’re usually overloaded with cases). The Integrated Bar of the Philippines (IBP) and certain law schools, provide free legal aid. Remember, however, that your request may be denied because there are other important cases handled by these institutions.
How can I verify if my lawyer really filed the petition in court or if a decision was really issued? Can I obtain a copy of the decision?
You may ask your lawyer to provide you with a copy of all documents (motions, pleadings, orders, decisions, etc.) relating to your case. The photocopying cost, of course, will be charged to you. In any case, you could always request to photocopy the record with the court where the petition was filed.
If there’s already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry?
No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you can’t remarry.
If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?
No. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.
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hi atty.,
good day!
im melai 37 yrs old, married since 1998, we separate our ways year 2001. since then i dont have any information about him. until this 2011 i have this facebook account of my husband with a family picture of 3 kids and the girl. what case would i file to my husband and to the girl that he live-in?
please help me. thank you.
Hot debate. What do you think?
0
Hi,
Ive been married for 5 years but only 2 years I lived with my husband. I left the country to work abroad as my husband is not capable to support me and our 1 child. So its 3 years ive been away. He lived his life like a single, while i was working in middle east to support the family. Now he came in UAE but we are not living together.. He is living with his sister in another emirates. I met him twice and made him understand that things will not comeback as before. That I lost the love I had before. Its because of his immaturity and being irresponsible.
I want to file an annulment case but the problem is I am working in Middle East and it will be difficult to comeback in Philippines to attend the hearing. I am not rich too and cant afford expensive lawyer and professionals.
Is there any one who can help me to advice me how much I should prepare to complete the process of annulment and if its possible to do it even i am out of the country. Also please le me know how long it will take….
Thank you very much and more power.
Aya Lee
hi atty.
my husband and i just a newly wed we’ve been married last year, we have 2 kids my elder is 3 and my youngest is 1 yr old. 3 months ago we separate ways because of his family side issues and immaturity and irresponsible. His not capable to support me and my kids and now i’m the one who work with my family. My problem is i find out last month with a friend of mine that he went to middle east how can i file an annulment or legal separation if his out of the country? and what possibly grounds i would file so i could get a right for his support for my children? I don’t have much money to afford a good lawyer at this time. I need an advice how much i need to prepare/ earn to file an annulment..Pls help. Thank you God Bless
could you please help me how to change my status. I just found out lately when I secure NSO CENOMAR that I am already married years ago. I just want to ask, how to change my status since I want to get married and secure my CENOMAR.
Vienne, the NSO entry on marital status could only be changed by a court order. You have to file the proper petition in court for that. Good luck.
Good Day Attorney:
I am separated for about 4years now to my exhusband we’ve been married 2001 we had a son he is 10 y/o and he is living with me… my story was… i went work abroud and i found out that my exhusband he brought a woman in our apartment in short he did not respict our marraige, he could have a woman while i am away let say for past time i understand that setuition… but dont brought her in our apartment am i right attorney?
My question is, i am only 17 y/o when i got married but with a concent of my parent’s… and my exhusband he turning 21 at that time aswell and with the parent’s concent aswell… is it Valid attorney pls give me an advice…
If it is Valid… gaano po kaya ka tagal mag file ng annulment at how much is gonna cous po kaya?
Kasi po i have my own family na this time i have a daughter now to my precent partner gusto ko po maligal kmi…
Pwede ko po kaya ang exhusband ko let say sabihin ko he is dead na, para mapadali ang annulment or pag puputol ng kasal namin possible po kaya? pls i am going to wait your advice po…
Thank You and More Power
“Lyn”
Good day, I just want to ask if it is possible for my boyfriend to file an annulment even if his wife doesn’t want to?
They’re marriage is not working good, they’re not in good term anymore.
He wanted to leave his wife or file an annulment for us to get married.
What grounds he must file for this? They’re living now in Canada.
Please help us
@mytch
If your boyfriend and his wife were married in the Philippines, he can file for annulment in the Philippines. One ground for annulment is psychological incapacity, which is an overused justification for annulment. It is difficult to get an annulment in Pinas. You will have to consult your lawyer for details on the acceptable grounds for annulment.
If your boyfriend files for annulment in a Philippine court, the absence of his wife from the proceedings might result in the annulment case being dismissed.
In the meantime, may I advise you to be circumspect with the intentions of your boyfriend towards you. It is a common tact among Filipino men to get themselves a paramour, like you, with a promise to get married, if they could get an annulment of their marriage. Then these men will tell their paramour that their wife does not like to get an annulment. In the end, the married Pinoy wins, in the sense that he can have you (of course, with sex), while he is in Manila and then have also his wife while he is in Canada. As the saying goes, may asawa na, may kabit pa.
Please do not think that I am intruding into your private life. I have come across several cases like this. Here you are in Pinas and when you get pregnant and have a child, your boyfriend can easily hide in Canada. When you ask for child support, he can simply ignore you. My advice is for you to err on the side of caution.
ask ko lang po, 8 years na po hindi na nag pakita yung husband ko, ano na po ba puwede ko gawin, wala ren po kasi akong kaya mag pa annulment sa sobrang mahal po ng bayad, san a po matulungan nyo ko,
Salamat po
my girlfriend is married to a phillpino guy who is living in taiwan and presumed married to a another,she wishes to file for divorce,
how much will it cost ,what happens if he dont show in phillipines,they have been apart for more than 4 years, im from the uk and will be in the phillipines for xmas with her,is there anything we can do to speed the process up
hi good day,
I would like to inquire regarding annulment.
What if both parties were outside the Philippines, how to file an annulment.
I’m planning to file an annulment this coming January. I’m currently residing in Malaysia but I’m free to go back to Philippines if needed to.
My ex wife is now working in Qatar, I’m not sure if she can come to Phils to attend the hearing. Does she need to come or is there a way that no need for her to show up. We’re already 7 years separated.
Please advise.
Thanks.
good day sir,
I would like to inquire about annulment. I am married for 6yrs and now separated more than 1yr. she is 30 yrs old and im only 25 yrs old now. I told her that i want to file annulment this year, but she didn’t want to have it. she is now in singapore. and she told me that she will never attend the hiring. sir, is it ok to file annulment even though she will not attending the hiring procedure. pls help me to find good solution to have easier and faster procedure of my annulment. thank you sir
hello, makiki sagot..
yeah i think so ok lang kahit di xa mag attend ng hearing.. hnd nmn xe pwd mag ka kuntsaba keo sa pag file ng annulment… dapat isa lang.. xe my annulment case is on going right now.. un sabe ng atty ko xe di rn nag apir x ko eh.. no prob w that.. mas mabuti nga un eh