Tag Archives: divorce

Church Annulment and Court Annulment

Annulment, loosely referring to the processes of declaration of nullity or annulment itself, is complicated, time-consuming and expensive. This is the usual complaint we’ve heard from clients, both existing and prospective, on the only legal process allowed by Philippine law to end marriage for Christians. Of course, we’ve known a lot of cases when people converted to Islam in an attempt to take advantage of the divorce provisions under Sharia law. The other alternative is death, which severs the marital bond (incidentally, any attempt on the life of the other spouse is merely a ground for legal separation). Continue reading

Can I Remarry Without Filing for Annulment?

Can I marry again without filing the necessary petition for annulment or declaration of nullity of my existing marriage? This summarizes the countless number of questions, asked in a number of variations, we’ve encountered in this blog. The latest reincarnation of this query reads in full: Continue reading

Who Shoulders the Fees for Annulment Cases?

When it comes to annulment or declaration of nullity of marriage, the usual query involves the cost. We previously noted that this a matter best discussed with your lawyer because the fees vary from lawyer to lawyer  (use the “contact” page above). There is, however, a variation on the question of costs that was raised in one post — who shoulders the fees? Specifically: Continue reading

Can a Married Woman Change the Surname Used in a Philippine Passport?

A passport, in general, is an official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. A “Philippine passport,” on the other hand, is a document certifying to the Philippine citizenship of the holder in use for travel purposes. Passport means a document issued by the Philippine government to its citizens and requesting other governments to allow its citizens to pass safely and freely, and in case of need to give him/her all lawful aid and protection. Continue reading

Spouses Signing an Agreement to Separate or End Marriage

The previous practice in discussing the endless topics relating to annulment was a series of posts, each one containing a number of questions and answers. Figured that centralizing the discussions would be more helpful. The repetition of the same questions, however, led us to experiment in having separate posts for each sub-topic. First do a search to check if there are related discussions. Continue reading

Receiving a Letter-Invite for Assessment in Psychological Incapacity

A considerable number of queries in this blog involves a scenario where one of the spouses receives a letter from a psychologist, inviting the said spouse for an interview or assessment to determine the existence of psychological incapacity. The usual query is whether the spouse who received the notice should participate and, in general, what on earth is this notice? The more recent inquiry is found in the post on “Annulment in the Philippines: Questions and Answers (Part 3)“. Continue reading

Appearance of Spouse Not Necessary in Annulment

A common thread across various annulment-related topics is the effect of the absence of the spouse when a petition for annulment is filed. The latest reincarnation of this query is in the post “Annulment in the Philippines: Questions and Answers II“. It basically goes like this: “I will be filing for annulment but my husband is working abroad and he cannot be present during the hearings.” This query is expected to continue because a lot of Filipinos go abroad as OFWs. Continue reading

Sex Scandal as a Ground for Annulment

As often the case, we come across really interesting topics from the discussions in this blog. We get to write separate posts for these topics whenever we have spare time. For instance, someone asked: “Puede po bang gamitin ang sex scandal ng asawa as a ground for annulment?” This is interesting and timely because of the proliferation of sex videos and sex scandals freely floating around the web. Continue reading

Annulling a Non-Existent Marriage

Law in a vacuum is straightforward. Life complicates it. To illustrate, the law says that the proper petition (annulment, declaration of nullity, or recognition of foreign divorce decree) must be filed to change the marital status of a person. The whole universe of complications include two interesting variations: (a) a fake marriage that is not supposed to be registered; and (b) a real marriage that is not registered. Continue reading

Signing the Summons in an Annulment Case

We received this query whether the other spouse needs to sign or receive the summons in connection with a case for annulment. The query goes like this: “Atty, sana po matulungan ninyo ko. Ako po ay nagtratrabaho dito sa Hongkong. To cut the story short, nambabae po ang asawa ko at may anak na po sila. Kasal  po kami, atty. Kahapon lang po ay nakatanggap ako ng summon na magpapa-annull po sila. Pwede po bang di ko pirmahan ang mga ito?” Since this is a general question that we’ve heard a couple of times, it would be good to have a separate post to discuss it. Continue reading