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An annulment in the Philippines is a legal process that cancels a marriage. The process of annulment is not as simple as getting a legal separation (there is no divorce yet in the Philippines). The grounds for annulment in the Philippines are lack of parental consent, either party was below 18 years old at the time of marriage, either party was psychologically incapacitated at the time of the marriage, bigamous or polygamous marriage, fraud, force, or intimidation. In this article, we will discuss How to file an annulment in the Philippines, what are the grounds, and how to find the right lawyer.
Since a divorce law has yet to be imposed in the Philippines, the only way to escape an unhappy marriage is an annulment. In the next section of this article, we’ll discuss various ways how to file an annulment in the Philippines.
So if you’re trapped in a miserable marriage, or have fallen out of love, keep on reading!
The annual number of nullity and annulment cases in the Philippines is rising. Below image shows the rising trend (Source: office of the Solicitor-General)
How to File an Annulment in the Philippines?
Here are the six super simple steps and easy-to-understand ways how to file an annulment in the Philippines.
Step 1: Learn about the annulment process
First, you need to familiarize yourself with the process. You can find many available sources with comprehensive discussions on this matter online. If you know someone who has gone through such a process in the Philippines, you can ask him or her about it for you to have an idea of how the process goes and what to expect financially, emotionally, and mentally.
Step 2: Search for a good lawyer
Once you’ve found out all about annulment, your next move will be to look for a good lawyer. Keep in mind that hiring good lawyers can cost a pretty penny, so you’ll also need to take your budget into account. With the help of a lawyer, you’ll know how to file an annulment in the Philippines.
Choose a lawyer that comes highly recommended and most trusted. Make sure to avoid engaging with lawyers who tell you from the beginning that the process will only take place for six months, or that you don’t need to attend a trial.
Step 3: Prepare the petition
After signing a contract with a lawyer, you will have an initial consultation. Your lawyer will then get your petition ready for filing. If the reason for annulment involves the other party’s psychological incapacity, you also need to go through a psychological evaluation.
During the evaluation, you will take written tests to learn your personality, as well as answer questions about yourself, your spouse, and your marital history. Your lawyer will also gather testimonies from your witnesses that will back the ground for psychological incapacity.
Step 4: File the petition
After collecting information from you and your witnesses, your lawyer will draft the petition and send it to you for approval. Once the petition is finalized, your lawyer will submit it to the Family Court of the city or province where you or your spouse have been living for the past six months. The filing comes with docket fees, which you need to shoulder. A judge will then be assigned to your petition by raffle.
Step 5: Attend the trial
A pre-trial will commence after your judge has been chosen. A collusive investigation will be done to determine that you and your spouse didn’t fake the reasons stated in the petition, or that you didn’t agree on the conclusion of your marriage and produce evidence.
During the actual trial, you will stand as a witness, together with your psychologist and another witness. It will be followed by the filing of a Formal Offer of Documentary Evidence done by your lawyer. The other party will also present their witnesses and submit a Formal Offer of Documentary Evidence.
Step 6: Wait for the court’s decision
After the trial is over, you will need to wait for the decision of the court. Your petition can either be granted or denied. If the court granted the petition, you need to register the Decree of Annulment of the Declaration of Nullity within 30 days of receiving the court’s decision. But if the petition is denied, you have 15 days to file a motion for a new trial.
When a Filipino couple has successfully annulled their marriage, they need to visit the Philippine Statistics Authority and file the necessary papers to formally declare their marriage as nullified. Here are the steps
What is an Annulment?
An annulment is a legal procedure that cancels a marriage between a man and a woman. In the Philippines, the Catholic Church requires that an annulment be granted by a court tribunal before it recognizes that the marriage never happened. The process can be costly and time-consuming, taking up to two years to complete.
Under Philippine law, there are grounds for an annulment even if both parties agree to the dissolution of their marriage. These grounds include lack of parental consent, bigamy, psychological incapacity, force, fraud, or intimidation.
With the help of a lawyer, you’ll know how to file an annulment in the Philippines.
Who Can File an Annulment in the Philippines?
In the Philippines, either party to a marriage may file for an annulment on any of the following grounds: lack of parental consent, force, fraud, or psychological incapacity.
What Are the Grounds for Annulment in the Philippines?
In the Philippines, there are six grounds for annulment:
1. Absence of Parental Consent for 18-21 years old Filipinos.
The lack of permission from the parents. A wedding ceremony took place in which either one of the parties was at least eighteen years old but was still under the age of twenty-one, and neither set of parents, guardians, or other adults with parental or substitute parental authority gave their assent. It is required that the Petition for Annulment be submitted within five years of the individual reaching the age of twenty-one. However, if either of the parties freely cohabited with the other as husband and wife after reaching the age of twenty-one, an annulment petition can no longer be filed in the state where the marriage took place.
2. Mental Illness or Psychological Incapacity.
Mental illness or the inability to function psychologically is a grounds for annulment.
At the time of the marriage, either one of the parties involved had an unstable mental state. However, the law forbids the filing of a petition in the event that the parties voluntarily cohabited with each other after the individual came to their senses.
That the consent of either party was obtained by deception, unless the person in question freely cohabited with the other as husband and wife after becoming aware of the deception and having it exposed to them. After learning the details of the fraud, the petition has to be submitted within five days at the latest.
4. Coercion, Intimidation, and Undue Influence.
That the consent of either party was gained via the use of coercion, intimidation, or improper influence. Except in the case where the unlawful cohabitation has ended and the party submitting the petition has freely cohabited with the other individual in the capacity of husband and wife. The party who has been harmed must submit their claim within five years of the date on which the use of force, intimidation, or improper influence ceased or ceased to be an issue.
5. Physical Incapacity.
Either one of the parties was unable to physically consummate the marriage, and this inability has persisted over the course of the marriage and looks to be irreversible. The petition to annul a marriage needs to be submitted within the first five years after the marriage has taken place.
6. Incurable Sexually Transmitted Disease
At the time of the marriage, either one of the parties was suffering from a sexually transmitted disease (STD) that has been determined to be severe and appears to be untreatable. It’s possible that this also constitutes fraud. The petition to annul a marriage needs to be submitted within the first five years after the marriage has taken place.
Is Infidelity a legal basis for an annulment in the Philippines?
It is important to know that infidelity is not a legal basis for an annulment in the Philippines. This means that even if your spouse has been unfaithful, you cannot use this as a grounds for annulment. There are only a limited number of grounds on which you can base an annulment petition, and infidelity is not one of them.
If you are considering filing for an annulment in the Philippines, it is important to consult with a lawyer to ensure that you have a strong case. There are strict requirements and deadlines that must be met in order for an annulment to be granted, so it is important to make sure that you are familiar with the process before a court proceeding.
Common Reasons Why Filipinos are Filing for Annulment
An annulment is a legal procedure to cancel marriage. A couple can get an annulment if they meet certain requirements and can provide evidence to a court that their marriage should be voided.
There are several reasons why Filipino couples may want to get an annulment, including if they were married without their consent if they were forced to marry, if one spouse was already married, or if the marriage was never consummated.
Getting an annulment can be a long and complicated process, so it’s important to make sure that you meet the requirements and have all the necessary documentation before starting the process.
How Long is the Process of an Annulment in the Philippines?
In the Philippines, an annulment is a legal process that voids a marriage. The length of time it takes to obtain an annulment in the Philippines varies depending on the grounds for annulment and the court in which the case is filed.
The length of time it takes to obtain an annulment in the Philippines can range from 6 months to several years. The average time frame is 1-2 years. The sooner an annulment is filed, the quicker it will be granted.
How Much Does it Cost to Get an Annulment in the Philippines?
In the Philippines, the process of annulment can be costly and time-consuming. There are a number of factors that will affect the price of an annulment, including the lawyer’s fees, the cost of filing fees, and other associated costs.
The average cost of an annulment in the Philippines is approximately PHP 150,000 (USD $3,000), and the expenses can balloon up to PHP 500,000. However, the cost price of annulment can vary depending on the specific circumstances of each case. For example, if there are contested issues or if the case is particularly complex, the costs can increase significantly.
If you are considering getting an annulment in the Philippines, it is important to speak with a lawyer to get an estimate of the costs involved in your specific case.
What to Consider Before Hiring a Lawyer for Your Annulment?
If you are considering an annulment in the Philippines, there are a few things you should keep in mind before hiring a lawyer.
The first is that annulments can be expensive, so you need to be sure you are ready to commit to the cost.
Second, the process can be lengthy, so you need to be prepared for a long legal battle.
Finally, you need to make sure you have a strong case for annulment before going forward with it. If you are not sure about any of these things, speak to a lawyer to get more information and clarity on the process.
How to Select the Right Lawyer for Your Annulment?
Here are a few tips on how to select the right lawyer for your annulment:
1. Make sure the lawyer you choose is experienced in handling annulment cases in the Philippines. This is not a common type of case, so you want to make sure your lawyer is familiar with the process and has a good success rate.
2. Ask for recommendations from friends or family who have gone through an annulment themselves. If they were happy with their lawyer, that is a good sign.
3. Make sure the lawyer you select has a website and/or Facebook page where you can read about their background and experience.
4. Check out the legal fees before signing any contract or making any payments for services rendered.
If you are finally decided to continue with the annulment, you need to understand how to file an annulment in the Philippines by consulting with your lawyer.
Can Children be Affected by an Annulment?
While an annulment may not have any legal bearing on children, the process can still be emotionally tough on them. Here’s what you need to know about how an annulment can affect your children and what you can do to help them through it.
If you’re considering an annulment, you’re probably wondering how it will affect your children. The good news is that an annulment has no legal bearing on children. They will still be considered legitimate in the eyes of the law.
If you are finally decided to continue this journey, you need to learn how to file an annulment in the Philippines by talking to your friends and consulting with your lawyer.
How To Prepare Yourself for the Annulment Proceedings?
The decision to get an annulment is not one to be taken lightly. It can be a very emotional and mentally taxing process, so it’s important to be as prepared as possible before taking the plunge. Here are a few things you can do to help yourself:
1. Educate yourself on the process.
Annulment in the Philippines can be a complicated and lengthy affair, so it’s important to understand exactly what you’re getting into. Read up on the requirements and procedures involved so that you know what to expect.
2. Talk to someone who has been through it.
Getting first-hand experience from someone who has gone through the annulment process can be invaluable. They can offer guidance and support, and help you prepare mentally and emotionally for what lies ahead.
3. Seek professional help.
While it may not be necessary to hire a lawyer, an annulment in the Philippines can be extremely complicated. A lawyer can help you navigate the legal process and make sure that your rights are protected.
4. Be prepared for an emotional rollercoaster.
An annulment is a serious issue, and it can be an emotional one as well. There are no guarantees that you will win your case, and there could be setbacks along the way. Your emotions may take a toll on you, so stay strong.
5. Be patient.
The annulment process can be lengthy, especially if you have to go through the court system. You may have to wait for your final decision, and it is important that you are patient and persistent.
If you are finally decided to continue this journey, you need to learn how to file an annulment in the Philippines by reading books and consulting with your lawyer.
How Does a Filipino Know If They Need an Annulment?
When a marriage ends, there are usually two options for Filipinos: legal separation or annulment (there is no divorce yet). But how do you know if you need an annulment? Here are some things to consider:
1. Are you married in the eyes of the Church? If you were married outside of the Catholic Church, then you may need an annulment in order to have your marriage recognized by the Church.
2. Have you been married for a long time? If you’ve been married for years, it’s unlikely that you’ll be able to get an annulment.
3. Do you have children? If you have children, they may be considered illegitimate if you get an annulment. This could affect their future prospects in life, so it’s something to consider carefully.
4. Is there a reason why your marriage is invalid? If you’re in an invalid marriage, then an annulment won’t be necessary. For example, if you were forced into the marriage or were underage at the time of the wedding, an annulment isn’t needed.
5. How serious is your faith? If you’re a practicing Catholic, an annulment isn’t likely to be granted. It’s better to move forward with the divorce instead.
6. Is there a reason why you want an annulment? Annulments should be used only as a last resort. For example, if you have a good reason for needing an annulment, such as being forced into the marriage or being underage at the time of the wedding, then an annulment may be granted.
Conclusion: How to File an Annulment in the Philippines
In conclusion, the process of filing an annulment in the Philippines can be complicated and expensive. filing for an annulment in the Philippines is a lengthy and difficult process. However, it is possible to do this if you are willing to go through all the steps and put in the time and effort. Filing for an annulment in the Philippines is a lengthy and difficult process. However, it is possible to do this if you are willing to go through all the steps and put in the time and effort. With the help of a lawyer, you can file for an annulment and hopefully have it granted.