« | BC Philippine Lawyer

Annulment in the Philippines

Posted by Dave on Sunday, September 7th, 2008

Q: What documents do I need to give BC Philippines Lawyers to start the case for Annulment of Marriage?

A: You will have to obtain the following documents:

a) An authenticated copy of your marriage certificate; and
B) An authenticated copy of the birth certificate/s of your children (if any) from the National Statistics Office (NSO)

Q: Both my husband and I are Filipino citizens living overseas. Can we file for an annulment in the Philippines?

A: Yes, the rules of court now allow for non-resident Filipinos to file petitions of annulment of marriage in the Philippines.

Q: What is the best city in the Philippines for me to file my petition of annulment?

A: You, as the petitioner have the choice to file in the Family Court of the province or city where you or your husband/wife has been residing for at least 6 months prior to the of filing of the petition, or in the case of a non-resident respondent, where he/she may be found in the Philippines.

Q: Do we need to go back to the Philippines to proceed with an annulment of marriage case?

A: Yes, you will have to come to the Philippines. You will have to appear at least twice in court once for the Pre-trial and once to Testify. If you do not appear in court your petition will be dismissed. You can be excused from appearing at the pre-trial for valid reasons such as illness.

Some Judges allow the non- appearance of the Petitioner in cases of Annulment of Marriage where the ground cited is Bigamous Marriage under Article 35 of the Family Code of the Philippines.

Q: How long does it take to get an annulment?

A: If the proceedings go smoothly, at least 6 months but there is no guarantee to that. There are factors that need to be taken into consideration that could delay the procedure such as but not limited to court-sanctioned postponement of hearings, and justifiable absences of State Prosecutor, if any.

Marriage Annulment & Divorce in the Philippines
Presumption of Death and Remarriage

We file petitions for annulments only in Metro Manila.
Email

Comments

I am a american who has a fiance there in Queson city. She married a guy from california and he tried to get her papers to come to usa, the process turned them down because the findings came back that she was married to a filipino. she said she never married anybody, and the marriage cert. showed the ex boyfriend forged her name on cert. her husband in calif. told her to just lie and say she married the guy and get a annulment, to hurry up and get to usa with him.she did that and while waiting on immigration papers to go through again, the husband told her he got a filipina pregnant in california and he wasn’t going to send for her, after 3 years of waiting, I came into the picture and I want to marry her but she has to get a annulment from the guy in california, in the process of getting annulment she found out the ex boyfriend is married to two girls there before the marriage forged papers were signed.I know she messed up by her husband in usa telling her to lie and say she signed the papers, but is there any way out of this mess, as courts say now she may be charged with bigomy. She never married the first guy, I even saw the false marriage cert., its not her signature. thank you for listening. she put in annulment papers 18 months ago .

Mr. Ward, your case is very complex so we can not comment on it. You may contact us through our email form if you would like to retain our services to study this case.

By jude villaromero on September 11th, 2008 at 11:53 pm

i am a filipino who is 5 years separated to a canadian girl (shes still a filipino citizen when we got married in the phils.) she wont give me a divorce in canada, can i file an annulment even if she doesnt show up in the philippines? is there any paper for her to sign? cause i dont think shes going to sign if there is any, how much would it cost me to file. we have a daughter whos born in canada, do i need her birth certificate? thank you, hope to hear from you soon

Mr. Villaromero, As a Filipino citizen you may file for an annulment in the Philippines. The other party does not have to be present at the procedure for the case to move forward.

My father has a first marriage, but he’s been separated with that person for 23years and living with my mother. The first wife is somewhere abroad. Is it required for her to show up on the process of annulment.how long will the annulemnt procedure will take, and how much will it cost us?

It is very important for us for the first marriage to be null and void ASAP so that we could proceed with my father’s VISA petiton, which is on the process rigth now.

I hope you’ll respond to my inquiries. thank you

By Anna Del Rosario on September 15th, 2008 at 5:36 am

Given the following scenario:

Man got married around 1986, and they had a child on 1988. Wife left the Husband, when the child was 5 months old, with no apparent reason. From then on, Husband worked overseas and had never seen his wife again. Though during the childhood days of their only son, and while the husband was overseas, wife visits the child every once in a while. last time that the child saw his mother was when he was 10 years old, which was 10 years ago. Last thing that the husband knew about his wife was that, wife got married again, has her own family now with two kids. They’ve been separated for 20 years now…and now the man wanted to re-marry…what would be his grounds for annulment? or can the marriage be VOID from start since the girl is 17 during the time of marriage? What could be the husband’s options?

Hope you’ll respond to this one.

Thank you so much

would appreciate your response.

By Michael Geerts on September 17th, 2008 at 6:35 pm

Hello,

I know a philipine woman who married a philipino-american four years ago. She got pregnant, but during pregnancy her husband was abroad, and he wasn’t there for the birth of his own son. He since then only visited his wife and son only once on his first birthday. He’s living in the states now, and hardly has any contact anymore with his wife and son. He doesn’t support them financially or mentally in any way. Can she get an annulment as soon as possible on the ground that her husband as clearly no more interest in her, nor in their son? She’s 34 years old and deserves a better life than that, a life where she is freed from marital status, so she can engage in a new relationship.

I would appreciate your response. She’s living in Lucena City and I will be happy to send her to one of your affiliates there when I get an answer from you.

Thanks for your time.

Michael Geerts (Belgium)

By Michael Geerts on September 17th, 2008 at 8:20 pm

Sorry,

I wasn’t complete in explaining her situation. She was married to her husband only for the law, not for the church. She claims that you have to have been married in front of the church, in order to get an annulment. Is that true?

Awaiting your response. Kind regards,

Michael Geerts

Hi,

I have questions regarding annulment in the philippines. I have a friend who is living abroad and was married in civil only in the philippines. they both want the annulment( both of them are still filipino citizins), they got 2 kids. what documents/papers do they need for this? how long would the process takes? and how much would that cost them? they´ve been separated for more than 7 years already. hope to hear from you. they wanted the annulment badly already asap.

i´ll send them to one of your affiliates there when I get an answer from you.

thank you so much.
joan (germany)

In 1984, my then boyfriend and I were both 18 and ot “secretly” married. He lied about his age as being 21. We never lived together. He re-married without getting our marriage annulled. Can this marriage be considered null since we lied about his age? Or do I have to get it annulled through the court system?

By FREDERIC SALIH PANDI JR on October 4th, 2008 at 3:19 pm

dear sir, i wouild likre to ask some info on the annullment of marriage in the phils. we are both married in the phils (1990),both residing here in italy, we are separated for almost 7 years from now (2002)we have made a consensual separation here in italy, my question is could i file the annullment of our marriage in the phils with out the presence of my ex wife,by the way she has her own family now,since i am coming home for good next year,i would like also to know the time frame for having the annullment and the total cost of it,Thank you very much and hoping to hear from you soon.
respectfully,
Mr. pandi

Greetings!!!!

My husband and i are here in the US and we plan to get a divorce since we’ve been separated for almost 3yrs now. We are married in the Philippines, for your info. We’re both immigrants here and we plan to file for a divorce here. My question is, can either of us marry again in the Philippines even if we did not have our annulment over there?

thanks!!!

By joanna morales on October 9th, 2008 at 11:50 pm

My husband and I got married in 1995, 5 years into our marriage he left me and marry another girl, but he still comes to the house every so often coz we still are running our biz then. I learned then that girl is already pregnant. After 8 months, I returned to my mom with my 3 yr old daughter. Before 2 years have passed he asked for forgiveness and reurned to us. Thats when I knew that he got the girl pregnant again for the second time. He stayed with us for another 5 years, but it was hell living with him. He is no longer the man I married or maybe he is, I’m just blinded. Last year he left for good and took another woman. Now, we are talking of annulment. I have a copy of his bigamous marriage, will this document make my petition for annulment easier and get a judgment sooner? Thank you so much.

By Mindy Calangan on October 22nd, 2008 at 11:27 am

Been working here in Hongkong for more than 10 years now.While working here my husband abandoned my kids in the Philippines,We never heard about him since then.And i would like to annull oour marriage.If i will file an annulment what would i do?What are the procedures?How long will it take?Is there any chances that my marriage will be annuled?If so how much that will cost me?Hope to get an answer from you soon Thanks

hi,by the way my problem is,i am 12 years separated to my 1st husband now,he has a family, so am too.but on my first one we didnt have a child.please help me coz i really wanna clear everything from my first and so he is what should be the best and fastest grounds for us to file?both of us are happy and wanted to go on with our present family now.we both have kids….please attorney help me i need an advice soooooooo bad,,,,….thanks a lot.

one more thing sir/madam we both engaged into another marriage again,so what sahall we both do to make the annulment fast,we didnt file before coz were young and cant afford and we are still studying so we leave it as it is but we are not together anymore i was 20 and he was 19 when we got married but im not pregnant and no product at all and we just lived together for 3years thats it and we part ways and found the what we call soulmate and we are both ok in our lives now.we just wanted to make it all legal so pls help us fix our illegal lives….thanks a lot again………..

Hi. I met my Fil-Can boyfriend online & last year (July 2007) he came over in Phil & we decided to get marriage license with his Filipino Citizenship, so he could get me in Canada & live with him. But as he came back to Canada, everything went rocky between us, we argue alot & said alot of things to each other, until we stopped communicating for months. Last August 2008 someone viewed my friendster & I went to checked it out and saw my husband & this girl’s pictures & what’s shocking was, she just gave birth to their baby which she confirmed that its their baby & I think she has no idea that I’m that man’s wife. I’m planning to file an annulment case, so I could remarry in the future. What’s the best thing to do since I can’t afford annulment cost on my own and if i file a bigamy case against him. What would i get?
Thanks for hearing me, looking forward for your good advise.

God Bless.

My boyfriend of 9 years is still married to a girl who is at the time of the marriage is below 18 without him knowing because the girl’s family were the one who planned everything. Now, she is married abroad married and have kids. Three to four years ago, she filed for an annulment but failed to return since. We were told that the case will not push through if she is not around.. Is there any other way that the marriage be annulled so that we can get married, considering it was void from the start?

By erma fe pedrera on October 28th, 2008 at 4:52 am

i was married to the father of my daughter in 1975 not knowing he had a previous marriage in 1973. i remarried considering my 1st marriage null and void per advise of a judge but was terminated thru presumption of death. i remarried to a US citizen now. would there be any implicationa of my first marriage with the petition to the US filed by my husband?

By erma fe pedrera on October 28th, 2008 at 5:02 am

follow up question lang po…do i need to file a petion for the nullity of my first marriage? hindi ba makakaapekto sa petition sa akin sa US? ano ba ang kailangan kong ipakita sa US Embassy na supporting documents to prove that my first marriage was null and void?

me and my wife married last year of june 2007. she’s on japan now. i can’t wait here for many years just for there contract. is this have possibility to arrange my annulment for my marriage. i hope you understand what i mean to say. please help me what procedure i make to solve our problem, she threatening that anytime she can married there because she is single on here status there. please help me..

my canadian husband and i were married in the philippines and we are on our separate ways for 2 years now.i wonder if i can get a divorce here in canada and remarry again?thank you..

Alena,

If you are a Filipino citizen a divorce overseas is not recognized. Though it can be used as the basis for annulment in the Philippines.

follow up question…why do judges in canada, grant a divorce to a filipino residents,when they knew that its not recognized under the philippine law?

hi there,we got married on january 1997 and been separated on year 2000.we have a son,during weekdays he is on my father’s custody and my former wife took him during every weekends.i am currently here in canada.is it possible for me to apply for the annulment of our marriage while i am still here in canada?i am not so sure if she will cooperate.do i still need to go back home to file for it?cause it would be very expensive going back and forth.i really wanted my marriage to be annulled so i can marry my long time girlfriend and start a new life.please help me with this matter.thank you!

Rainnel, Judges in Canada only refer to Canadian law not Philippine law.

Michael, You have to make at least one personal appearance in court in the Philippines. Afterwards you need not be present.

By lynn mendoza on January 28th, 2009 at 2:41 am

i have a friend and married with a japanese girl but the are already separated almost 8 yrs now and they have no communication since then. can the guy be able to get married eventhough there is no annulment or divorce occured…since they dont have a communication for a long time?

Lynn,

A person who is already married can not marry again unless the marriage has been legally disolved.

A person who is married and marries another is committing the crime of Bigamy.

Bigamy, under Art. 349 of Title 12 Crimes against the Civil Status of Persons of the Revised Penal Code states:

The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.

The prison sentence can range from 6 to 12 years.

By anna patricia on February 20th, 2009 at 10:36 am

hi. i have a boyfriend who’s in US. he got married here in the philippines and they divorced in the US. would their divorce papers be of great help when they file for annulment here in the phils? how would that be? does it will make the process faster?

Anna Patricia,

If your boyfriend is Filipino US divorce papers are of no help. If he is an American citizen, he does not need to get an annulment.

Read here: Marriage Annulment Divorce Philippines

How many months or weeks does my husband to be need to be in the philippines for our marriage to be legal?

Jessica, I don’t really understand your question. A marriage is legal once it has been solemnized by any person who is authorized to do so as per Article 7 of The Family Code of the Philippines.

I’m suppose to be getting married to my boyfriend that is in california. Now my question is.. Is there a certain time frame that needs to remain in the philippines for our marriage to be valid.
I’m 19 and he is 21.

hi,i am happy to found this site..like others who come accross on this site i have the same problem too,,its about on my situation,,i have 5 kids unhappy married for almost 13 years.i was physically and mentally abuse of my husband.after a long year of hard life to him i decided to cut it and start a new life,my kids was with him but im still the 1 who support them.my husband didnt work since the beginning and i am the 1 who work for my kids..i want to file an annulment to him,,is my reason was valid and acceptable by the court?

Roma, You may wish to file a petition on the grounds of Psychological Incapacity.

Rogel, The first step would be to check the authenticity of the marriage certificate at the pertinent government agencies.

hi i would like to ask how much itll cost to get an annulment? ive been seperated with my husband for 3 years now. Never get a financial support for our 2 years and 4 months old kid. Never heard anything from him. He’s been with his girlfriend now for 2 1/2 years i think. Is it possible to get an annulment?

Please help me I need some help….

I been married to my wife here in the united states for 9 years and been together for 13 years she is an american. I had a girlfriend in philippines and we have 2 children together. Now all of a sudden my children’s mom is writing to me and my wife to tell us that she wants me to filled an annulment which we never got married, she even send us a copy of the marriage certificate from the philippines. I dont understand were she got this paper and my signature has been falsyfied. I need some help please someone give me some guidance.

7 years ago, i was married to a filipino whose already living in calif, but not yet an american citizen. but all throughout those years, we didnt had the chance to live together. after a year and 3 mos. of marriage, we no longer had a communication. now, i was planning to get married again and my husband, who is an american citizen now, has filed a divorce in America. we want to do an annulment also as we are married in the Philippines. what should be the easiest and the cheapest way for that? including we do not have anything (properties, kids, etc). and i heard about the law about giving the spouse of an American citizen the right to re-marry, would that be applicable for us? thank you.

Maureen,

You can find the answer to your question here: Divorce Marriage Annulment Philippines

Rose,

No matter, how long you are separated from your husband your is still valid under Philippines law.

The law says if you marry twice and your first marriage has not been dissolved, voided or nullified, you are committing the crime of bigamy.

Ann,

As you are both US citizens, you are no longer under Philippines and may file for a divorce in the US.

me and my husband were separated for more than 10 years now, i got married here in the states and he is with somebody now which they have a son.

I just wanna know,if i still need to go on annulment since we were separated for more than a decade? is there any law in the philippines that if you and your husband were separated for more than 10 years it should be Void?

thanks..please respond. i wanted to get my kids to come here in america. but i was thinking the immigration might see that i marry twice and that would be bigamy.

We are civilly married in the Philippines for almost 20 years now. My husband had a history of Gambling, Bancruptcy, and had an affair with a married woman 2 years ago. Now he is in a limbo again saying he needed space but no other woman involved and he moved out of the house living me and my teenage son. Can I file for a divorce here in the US even if we are married by a Mayor in the Phil?

I forgot to say that we are both US citizens now. Thanks.

iam seperated for 8 years now iam ofw. my kids are stying with him. what is the ground i can fill for annualment his not working till now his parents are the one who’s supporting my kids… and what if he dont want our merriage to be annual
how much will it cost me if i fille for annualment.

thanks

Nerissa, please read this post to find your answer Grounds for Annulment of Marriage in the Philippines

By leo girl, on March 2nd, 2009 at 8:59 am

i just wanna know if what should i do after our wedding last 2005 while he dont allow me to use his family name and he never acknowledge his daughter as his daughter in her birthcertificate and besides he have other woman who stayed in his parents house even we are married already and he never tell her that he was married to me.. they have 3 kids that time when he decided to marry me and the third child i only discovered after the wedding.we are separated almost 4 years now and i heared that they will have a baby again i never use his surename ever since we got married cos he never allow me to do it.filing annument is really expensive for me what should i do?
hope someone can help me thanks so much and god bless everybody

i and my boyfriend met each other in a passenger cruise line where we are currently working. he was legally married with two kids and still supporting his siblings. we really wanted to process their annulment as soon as possible but we are sure that his wife will disagree because she is afraid that my boyfriend will not support the kids after the separation. what are we going to do with this case? we are willing to pay the annulment, how much will it cost us? who is the lawyer you would recommend?

please respond to my email address.
we are badly needing your help, we need to file the annulment before we go abroad again. thank you!

PLEASE HELP US !!!!!
My fiancee in the Philippines is having trouble with the Australian embassy regarding her 2 children who disappeared with her former husband when he abandoned her in 1999.She already have a court order 6 months ago for presumptive death of her husband but no one knows the where about of the 2 children he took away when he abandoned her.The Australian embassy is asking the medical examinations for the 2 children before her fiancee visa can be granted even the children are not traveling with her.
Regards:John

John, It is best to contact the Australian Embassy and ask them what to do.

By Marivic T Ambas on March 4th, 2009 at 1:13 pm

I hope to get an answer to this Sir/Mam coz this is very important to me.
I got married on June 19,1992 and two months after that,I went to Japan to work.Then when I came back home in February of 1993,I found out that I was just the second wife of my ex husband coz he was already married with another woman long before we even met.I last saw him in December of 1994 and since then up to present,I havent seen him at all.I never changed my status,I never used his surname and I benefit nothing from him as a “wife”.Question,is my marriage to him could be considered valid?and if so,is 14 years of not seeing him and having no idea of his whereabouts not enough for me to have an annulment?what are my chances to win this annulment case if I am to bring this to court?Please response to this sir and help me live a new life.
GOD Bless and more power.

Marivic, A person can not legally marry twice. If a person is already married the second marriage is void from the beginning. To dissolve the marriage, it is still necessary to file a petition in court to obtain a declaration of absolute nullity. (this is a general answer which or may not apply exactly to your situation, we are not allowed to give legal advice without first establishing a client attorney relationship)

i been 2 years working in hongkong i found out my husband carry on with another woman and they have baby. So i decided to file an annulment but it was denied due to my grounds(legal separation) instead voiding it. Do i have a chance and refile for annulment again? please i am waiting ur good advice. thank u

I was married year 2000, I was 19 yrs old then and she was 22 yrs old, we had a civil wedding,we got married because she was pregnant. I had parental consent, but she had none, and she just faked her parents’ signature. After giving birth we got separated and we had no communication at all. Now it’s been 8 yrs, I found out that she already has her own family for two yrs now and they have a son. My fiance and I wants to get married. Can our marriage be void?

Ryan, This not a question we can answer without a client attorney relationship being established as more details are needed. Please contact us for a consultation.

good morning it happens that im married from american citizen from florida… and i found out that nagkabalikan na cla ng ex wife nya dec 2008 which is never nyang inamin sakin tpos may narecieve ako just yesterdat about their status nga that they seen each other make love while we are still married legally he try to tell me that better to find someone else which i did not but to think na nalaman ko na niloko nya ako mas nakapag decide ako na mag file ng annulment and may namit akong guy from georgia na willing mag bgay ng tulong regarding financial matter pra msettled ung case namin ask ko lng in what grounds ako pwedeng mag sampa kc ang nangyri nakikipaghiwalay xa sakin peo ang reason nya is wla xang trabaho at d n nya ako kayang buhayin where in the mere fact na nagkabalikan pla cla ng ex wife nya without telling me the truth.. gusto ko pong malaman if sa tingin nyo ma aaproved ung cased namin to void the marriage since gusto po ako pakasalan guy from georgia,,, wat if hindi umatend ng hearing ung ex husband ko? bcoz of financial capacity dhil wla nga po xang work ngaun at d ya kayang bumili ng plane ticket,,, and isa pa po nag file kc kmi ng petition for my K4 visa last yr sept for now sna if d kami nag kalabuan we are just waiting for approval from the USCIS..since ipepetition din po kc ako ng guy pra dun mag paksal sa US… and mron po akong proof na merong relasyon ung hubby ko and her ex wife ung mga mails nila which is sinend ko sa email ko nung mabuksan ko ung email add ng hubby ko kc nag palit po kc xa ng password nagkataon na name ng ex wife nya ung password…its proven na nag make love cla dat day dhil nakastated duon sa email…

i need ur response asap regarding this pra po sna maumpisahan ko na po how much it will cost po ba sana po wag namang kamahalan sna if maggwan ng paraan eh mabilis po sanang mavoid ung marriage namin,,,

thanks and god bless….
desiery gomer

Hi! i filed annument case to my husband last july 2008, he received all the notices served to him, i attended the pre trial proceedings, testify in the court, underwent cross examination, then later had deposition so i can leave Philippines since i am working in Dubai.

My lawyer have presented the 2 medico-legal and 1 police report of what he have done to me. I was so optimistic that the result will be fast truck since my husband have deprived his right to be heard in the court. Last Feb 5, 2009 was the set hearing to hear my witness but unfortunately my witness was in the country, thus i;v requested my lawyer to submit the final evidences in the court and let the court decide but my lawyer called for resetting instead of submit the final formal evidence.
I think my lawyer was delaying the said case… I realy wanted to have a fast disposition coz i wanted to get my kids here i Dubai and start my own little business in Dubai.

What cas u advice to me to fast trac the said case.

Hope u can help me what to say to my lawyer or what to do to fast track the said case.

Thanks and best regards, haidee

Haidee, we can not comment on a ongoing case being handled by another attorney.

My US citizen friend married a filipina 3 years ago. The civil wedding was held in the Philippines. My friend lives in the US but never followed through with the petition for her to come to the US. They were never together as a married couple and would like to invalidate their marriage. Is it easier for my friend to divorce her from California or for her to file an annulment in the Philippines?

Thank You

Max, I do not know the laws on divorce in California, but by filing there for sure he will save on the airfare to the Philippines.

My boyfriend has been married 10 years ago and has 2 daughters.He and his wife separated 4 years ago..During their marriage he has caught his wife cheating on him twice.First he caught his wife with another man on the room and the second one he caught her wife exchanging dirty messages on cellphone with another man. Thats the reason why he left his wife,And also their marriage has been loveless since the beginning,it was only forced because the girl was pregnant.The wife is now pregnant with another guy and had been living with it since they separated.My boyfriend now wants to get annulment because we are planning of getting married.,Do you think he can be possibly annulled?Thanks!

Wish, tell your boyfriend to read Grounds for Annulment Philippines to see which grounds apply to him.

hi there! I am married and childless. my husband is working abroad. i havn’t received monthly financial support from him ever since. can i consider it as abandonment? thanks. godbless

Joy, abandonment is grounds for legal separation not annulment.

I was married last 1999, Church wedding, i am separated since 2005, can i file an annulment? or would it be considered as void since he is only 24 when we got married, we have one one he is 9 years old, and my husband now has a new family now and with childrens.
thanks
yam

Yam, you may file for annulment if the grounds exist. Why do you think your marriage is void since he is only 24 when you married.

Greetings!

I am married for 6 years now and we have a 4 year old son. Ever since we got married I tried everything to make it work, but she never cooperated. I even knew just November of 2007 that she owed credit card companies with huge debts amounting to hundreds of thousands of pesos. Most of the time we fight and our son witnesses everything, which I’m not at all happy about. I left for the US last January 2008 and I’m still here working as a caregiver but with no papers. I would like to file for annulment but my problem is I cannot just come back to the Philippines because of my status here. If I do come back there, I can never return here in the US anymore. Is it possible for me to file for annulment and not show up in court? Thank you so much for your help!

Billy, an annulment in the Philippines requires the presence of the petitioner at the pretrial hearing, if not the prosecutor will most probably dismiss the case.

I married a married man in 1994. Our marriage was not consummated and we did not live in and acted as husband and wife. I have a fiance now, a foreigner. My petition for my marriage to be null and void has been filed in court. My question is this. Can my fiance apply a fiancee visa for me just after the court’s decision on nullity, and is it true that the Philippine government is giving a long waiting period for a fiancee visa to be approved, like years, if it is filed right after the decision? Thnak you and more power

I am a naturalized american citizen and was married in the Philippines by a judge when I was still a filipino citizen. My wife is a filipino citizen and I want my marriage with her annulled. How should I proceed with the anullment process? We have a son.

Ryand, we will send you an email.

By Mary Rose on April 8th, 2009 at 3:10 am

I am a filipina and married to a Filipino last April 5, 2005. My husband married a filipina which is now based in USAlast June 1983 and after 10 days they got married the woman flew to america and become an american citizen and after a couple of years her wife filed a dissolution of marriage (1985). I didn’t know that their marriage until now is still existing because it is the one registered on NSO and our certificate of marriage is not valid. We got married in a civil ceremony last April 5, 2005 and its hard to process the papers of our children because they ask the NSO marriage certificate of which i can’t have. Please tell me what to do to legalize our marriage since its been 24 years that they don’t have communicattion and they already have their own family. How can wre register our marriage and how can we cancel the first one. The first wife is no longer lived in the Philippines.

Mary Rose, you will have to obtain a copy of the US divorce and file a petition for recognition of foreign divorce. This will nullify the first marriage.

My bestfriend filed an annulment case on grounds of psychological incapacity (psychological report was included in the petition). His wife left their house 2 years ago, although in those 2 years they’re communicating for some time. They are childless and no common properties. Will annulment be faster in this case that his wife left him & they are childress/no common properties?

Lurker, it might save a month or two as there will be less hearings.

hi. I fell inlove with a married philipino woman, she has one child to him..we had an affair for 1year before going to dubai together..she has no contact with him or her child for nearly 1yrs also now….can i bring her to australia and marry her on a prospective fiancea visa? or does she need an annulment first.how long does that take and is it 100% it will go though…can we do it frm dubai without going to philippines?

Nick, you can not marry someone who is already married. Your friend will have to get annulment and it is necessary to appear in court at least once in the Philippines.

Hi. I would like to seek advice from you regarding my application for divorce here in Canada. I was married in 1989 in the Philippines. My husband left me and my son for another woman in 1994. I tried to live and support my son alone and then finally has been given the chance to come here to Canada in 2003. Now that I am Canadian citizen, I am applying for a divorce here in Canada. My husband told my sister after receiving the documents forwarded to him by my lawyer has declined to signed in the documents. He is asking me to give him 5,000.00 dollars and he will file for annulment in the Philippines, that is just for acceptance fee excluding professional fee and other court cases fees.

I am thinking that he can’t reply within 40 days with the documents that was sent to him by my lawyer so probably he will be default in Court.

My question is, will it be possible that I can use my divorce paper to exclude my husband name in the property title if I decided to buy a property in Philippines?

Another question is, I have a property in Philipppines, a house and lot which I inherited from my mother. When I left Philippines coming to Canada and we’re separated for 9 years, I did transfer the property title but my husband name has been included in the title since I can’t produce any documents of our annulment.
I did use that title to show to government of Canada an asset that I can survive in Canada in my early years here. Now, is there any chance that I can exclude his name in the title, what would be the procedure.

Best regards,

Tess, your divorce will not be valid in the Philippines. You will have to file in the Philippines a petition for recognition of foreign divorce. As for the property you will have to consult with a lawyer.

Gud pm! my friend was separated with her husband for 18 years and now she wanted to get the marriage anulled so that she can remarry.Would it be possible for her to get an annulment?what would be the possible ground? thanks!

Lilibeth, each annulment case is unique. Your friend may examine psychological incapacity as the grounds for annulment.

I married a married man in 1994. Our marriage was not consummated and we did not live in and acted as husband and wife. I have a fiance now, a foreigner. My petition for my marriage to be null and void has been filed in court. My question is this. Can my fiance apply a fiancee visa for me just after the court’s decision on nullity, and is it true that the Philippine government is giving a long waiting period for a fiancee visa to be approved, like years, if it is filed right after the decision? Thank you and more power

Celia, it the foreign government who issues the fiancee visa not the Philippines Government.

We are both married in the philippines, he is now in the US.He is filing for a dissolution of marriage under family law of California. Is it applicable in the philippines?What is the best thing for me to do to be able to get child support for our 2 children.Pls relpy back

Cheers

Rita, the divorce will not be recognized in the Philippines as you are both Filipino citizens. You may file a case for support in the Philippines but the case will not move forward until he returns on a visit.

hi, i am married just a year ago. i was married forcefully because i have no choice even if i didn’t love the girl. i try to love her and accept her but a year later even if we live together i didn’t feel love for her.. and i don’t want to continue this because i think we will both suffer. i just want to ask if i can apply for an annulment for this. and please can u give me an advise. tnx

Dave, if the grounds exist you may file a petition for annulment. You may contact us for a consultation on how to proceed.

By Samantha on June 4th, 2009 at 2:23 pm

Hi, I am married in the Philippines in 1999 and I currently work and live (only in 2009) in Ghana, Africa. I’d like to know if I can file a divorce here in Ghana for my husband who is in the Philippines.

I would like to re-marry a Ghanaian.

Thanks!

Samantha, Filipino citizens can not legally obtain a divorce in any country.

How long does it take for an annulment? My sister was trick on marrying this guy that is already married and have family here in vegas. He left my sister in the Philippines for almost 2 years now. I know that their marriage is null and void but do they still have to file an annulment even though the marriage is void?

potpot, all marriages that have been legally solemnized weather they may be void from the beginning or not can only be annuled by a court of law.

Hello!
I am married there in the Phils. and now working here in US, my husband and I both have an affair w/ somebody, and we both agreed that we want to terminate our marriage, I filled a divorce here in US, Its almost done. I know that Filipino citizins can not legally obtained a divorce in any country.
But can I still re marry my americam citizin’s boyfriend?
or should I have to file an annullment first? before I can re marry?

I hope you can ans. my Question!

Thanks! Angel

Angel, if you are a Filipino citizen you must obtain an annulment in the Philippines. If you marry without an annulment you can be prosecuted for bigamy under Philippine law.

I was wondering how I find out the status of an annulment case in Manila without having to contact my ex?I live abroad and would like to know the status of the proceedings.

KC, if you know in which court the case is being heard; contact them for an update.

my cousin is currently out of the country and she asked me to do her deal with some of her legal transactions here.June of 2008, she hired this lawyer (referred by a friend) to handle her annulment case. They discussed about the non-appearance set up since its impossible for her to appear on court because of her visa status. My cousin gave everything needed and even paid the lawyer in full even the before the annulment is filed. She was advised also that the maximum would be 6 mos to have a decision on their case. Since then, she would always ask me to asked the lawyer re it but the lawyer wont give anything specific, its always “on-process”.My cousin came back last May 2009 for a 2 weeks vacation to fix some legal documents needed on her work. She asked the lawyer re the status of her annulment but its the same thing. The lawyer promised to rush the case and hopefully they can get a decision this July. july is coming and we follow it up again but teh only answer we got is “there might be a decision this year”. My cousin is planning to get married this year but she cannot because of the annulment status. What can she do about this, is there any agency where we can verify the real status of her annulment?Or worst case scenario that her lawyer is not attending her annulment case what is the best thing we can do?

thanks a lot…

Sluj, you may check directly at the court hearing the case what is happening.

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?

Cute, if the last known address was a place you were no longer living, you most probably did not receive the summons to appear in court. In this case a summons is published in newspapers. After the publication in the newspaper the case will proceed even if you do not appear in court. You can check the court records to find out. The civil case is the annulment filed by your husband. The court can only annul a civil marriage. Your church is most probably still valid.

By rumplestiltskin on July 3rd, 2009 at 6:25 am

My girlfriend had an arranged marriage and it has been 9 years since; she was 18 when she shared vows with this filipino-turned-american for migration purposes, to help her family financially -it was arranged between the two families and she detests the guy. Currently she has a passport under her married name hence she can’t leave YET for job purposes. The guy has been avoiding contact (regarding annulment) and even hopes that she’d reconsider living with him still. Apparently the guy has kids and he’s got (a legit?) spouse in the US.

My questions would be:
how can my girlfriend acquire her single status again, through what means can she have a systematized (hopefully fast) and SURE (safe from fraudulent characters/process) annulment procedure here in the Philippines?

Rumplestiltskin, your girlfriend should engage the services of a reputable lawyer to file a petition for annulment on her behalf.

Is there a way to sue this guy who’s making things difficult for her?

thanks a lot

hi…i am a filipina, i have now a fiance a U.S citizen… he is married before a filipina also, his fiancee before cheat him so he filled a divorce in the U.S since he is a U.S citizen. meaning divorce was done in the U.S. and now we are planning to get marry soon.

MY QUESTION IS:
1. CAN WE GET MARRY IN THE PHILIPPINES WITHOUT HAVING A PROBLEM SINCE HE IS ALREADY DIVORCE?

hope to hear you soon
thank you

Cy, your fiance may or may not have problems. If the NSO records in the Philippines show that your fiance is still married in the Philippines, his first wife may file bigamy charges against him or the person solemnizing the wedding may refuse to perform the marriage based on the same records. To have the records changed at the NSO there must be a court order. To obtain the court order, your fiance must file a petition for recognition of foreign judgment.

Hi,im a Pilipina married to a British-Canadian citizen. We got married in Thailand and got divorced in Thailand as well. So since theres no such things as divorce in Philippines i can only file an annulment here. So my question is, Does his presence needed if the annulment case is in process? What if he cannot come?
Thank you so much. Im looking forward to hear from you soon!

Connie, the presence of your husband is not needed at the annulment proceedings.

hi i had a bf who’s married thru civil rites but as of this moment they’re already separated for almost 5yrs and have both agreed to file for an annullment?what is the first step were going to get thru and it is possible if he will file in another province though they were married at another place?

Ashley, the first step is to consult a lawyer to decide which grounds to use for the filing of the petition of annulment. The correct place to file the annulment is the city in which one or the other of the parties has lived for the last 6 months.

hi, this is Cy again… will ask you some questions. or do you have any contact number? if you have can you email me?

thank you again

my friend has a bigamous marriage. He already file an annulment for the first marriage on the grounds of psychological incapacity.he also filed an annulment case to his 2nd wife with the same ground. If the 2nd wife decides to file a bigamy case against him, will it still have a bearing?

Cecil, even if there is annulment for a bigamous marriage the crime has already been committed and charges may be filed.

hi atty!
my ex husband and I get married in the philippines on august 19,1999. he’s in hawaii and i’m in canada. our marriage doesn’t worked well as I wanted to be. His last visit in philippines is on march 2003 and that’s the last time we see each other. and i learned and heard that she’s living with another woman already. he filed for divorced before, i burned all the copies that I have coz i don’t want to let him go. we have a child and he’s living with my parents now. now i met a man which i fall in loved. I filed for divorced and we get married. we have a son now. wat will be the grounds so that i can file for an annullment? and how can i get the certificate of nullity of marriage? please help me as i want to remove the last name of my ex husband from me so that i can use the last name of my husband now. all the best and God bless.

wordstar_28, unfortunately you married a second time without obtaining an annulment. Your second marriage in Canada is not valid and you will have to have 2 annulments.

why do i have to file for 2 annulments atty? my husband now is a canadian citizen and i will get my citenzenship soon and i filed for divorce here.and it was approved thats y we already get married. my ex husband is a u.s. citizen now. now i want to file for an annulment for my first marriage. Wat should i do or is it possible for me to file for annulment on my first marriage?

Wordstar, Ddivorce is not recognized in the Philippines therefore your second marriage is not valid under Philippine law.

i want to file a annulment. is theirs a law that i can annulment without any permission to him. thanks

gledgirl, only the judge makes the decision to grant an annulment or not. Your husband can contest and appeal but that’s it.

Dear Atty,

If a wife filed an annulment case against her husband and the marriage was nulled and voided, is there any right that the wife can claim from her husband such as support or something? Considering that being jobless, mentally incapacitated and all those grounds were found in him?

Thanking you in advance for your reply.

BabyMilky, the judge will decide during the annulment proceedings the amount of support the husband should pay.

Hi I am a US citizen and i got married in the philippines in 2008, but we have no plans on staying together as she is still in the philippines…. Can i get a divorce in my state of Utah? and will she still have to file annulment in the philippines? So if I can get a divorce in utah then will I be free to marry again in the future? All things considered will I have to wait for the annulment or will the divorce be good enough for me?
Thankyou I’m glad i found this site!

CEG, the divorce you obtain in Utah will allow you to remarry in the future.

Oh yeah follow up question, for me being a U.S. citizen all i need to do is file for a divorce in utah. So in that case would my ex who is filipina still need to file the annulment in the philippines?
Thanks in advance

CEG, Your wife will have to a petition for recognition of foreign divorce to have her records updated in the Philippines to show that she is single.

Me and my husband just became a US citizen.We were married in the Philippines 30 yers ago.Is filing a divorce here in the US would nullify our marriage in the Philippines.We have not retained our Filipino citizenship.

Marice, a divorce in the US will not annul your marriage in the Philippines as both of you were Filipino citizens at the time of your marriage.

Dear Atty.

the divorce granted by Dubai Court can help us in speeding up the process of annulment or can be use to annul our marriage in the philippines

Dong, only if it is the foreign spouse applied for the divorce. If both spouses are Filipino the divorce obtained overseas will not be recognized.

Thanks for the answer.I have another question,my friend is married for 15 years.Now she is not doing her duty as a wife.She refused to go to bed with her husband although they are living in the same house,they have a separate bedroom.She is doing that for almost a year now.Is that a ground for annullment based on psychological incapacity?

Dear Atty.,

My wife and i filed a divorce in Dubai Court on November 2005 beacuse my wife converted to Muslim. After several appearance in the Court they granted our divorce. My question is, can i file for annulment in the Philippines due to difference in Religion? Is the divorce granted by Dubai Court can help us in speeding up the process of annulment?

Thank you.

Christian, difference in religion is not grounds for annulment but that and the divorce can be used as evidence.

Atty.last 1996 me in my second cousin get married,.after a year we separate,is our marriage is legal or void?.hope you give me some of your time to answer my consern..thank you & more power..

Jay, your marriage is legal. Marriage between 2nd cousins is allowed.

i have a question,i was married to a us citizen guy,we got married in the state of california.and now im back in the philippines and i want to file an annulment to my husband,can i do it here in the philippines even if our marriage takes place in california.

Jelyn, yes you may file a petition for annulment in the Philippines.

Hello,

we got married sept 2001, after a year, he left to work in kuwait on Nov 2002. First year was ok but eventually we lost touch and for almost 4 yrs that he stayed there, i got a news that he was convicted on illegal drugs and was sentenced to be jailed for 5 yrs. I went abroad as well and saw him in jail for a couple of times. Due to some circumstances and a lot of reasons, we decided that it would be better if we’ll go on our separate ways. It’s been more than 7 yrs now since we’ve been together. Now i’m in a relationship with a foreigner and pregnant. Is there a posiblity for me to deliver my baby in the philippines and name her after my present boyfriend’s last name? or even just my last name? And what if i’ll deliver my baby here in kuwait using my ex-husband’s papers, will it be posible to change my baby’s name in the philippines in future? I’m really confused but one thing is clear, i dont want my baby to have my ex-husbands name. what will be the best way? or where to deliver?

Karen, your baby will have to have to your husband’s name. To have your child’s name changed you should obtain an annulment then marry your boyfriend and have him adopt the child to have his name.

Greetings..

I just wanna asked because my bf married in Philippines, he is a British national and married with Filipina. They are living in Philippines. Before he met me he’s unhappy married anymore. He just go home because of the kids. My question is if he will going to filed a divorce in Scotland though he’s married in Philippines and he got immigrant ID now. Would he’s married in Philippines will be void? Or he needs to filed annulment in Philippines?

Thank you. I hope to hear from you soon.

Jen, as your boyfriend is a foreigner he may obtain a divorce overseas and remarry in the Philippines. On the other hand, divorce is not recognized in the Philippines and the NSO records will show that he is still married. This will not be a problem unless his ex will want to file bigamy and concubinage against your boyfriend after he marries you. The remedy for this is once your boyfriend obtains his divorce is to file a petition for recognition of foreign judgment.

Thank you Madam/Sir for your kindly response.

I just want to clear that if he will going to file petition for recognition of foreign judgment, he’s ex wife won’t able to file bigamy against to my boyfriend? Or if he will going to file annulment in Phil. does he’s ex wife needs to sign any papers? As we are sure that she wont sign the papers.

Thank you so much Madam/Sir. I hope to hear from you again.

Hi my girllfreind is still legally married in the philipines and i was wondering if she files for divorce what if he does not want to sign the papers ? what will happen ? can she still file without his signature ? how long would it take to prosess. just an ad on to the last questions.
my girlfriend is only 3 months away from her canadian citizenship. if she files for divorce and her husband is still her sponser can he have her deported ??

Thank you

Troy, any divorce your girlfriend obtains in Canada will not be recognized in the Philippines. As for her status in Canada it is a question of Canadian which I can not answer.

Hi,

I am married for 13 yrs now, but for the past 3 yrs i have decided to work here in Dubai.as I was all alone struggling for my childrens education and personal needs and my husband is just waiting for the monetary support i send everymonth.

i have decided to file a divorce , but would it be possible here in Dubai and send him the papers to be signed there in the Phil? i cannot take him any longer, I was just so silent, trying to keep everything and wishing it will be alright as i was physically abused, before i came here to Dubai. Now, i have decided to start anew life with the kids.

Seriously, i dont know what to do and the first step of filing a divorce.

Please help….

Maria, Filipino citizens may not obtain divorce overseas. Any divorce you obtain overseas will not be recognized in the Philippines. To dissolve your marriage you must file a petition for annulment in the Philippines.

My boyfriend caught his wife in bed with another man. I know that infidelity is a ground for legal separation, but can it be used also to file for Annulment?

Siege, infidelity can not be used as grounds in annulment case.

I was married in 1992 at the age of 21, unfortunately at that time my parents nor guardians had no knowledge or gave no consent to me when I got married at that time.

Is it easy for me to be granted an annullment on my marriage on these grounds.

Thank you.

Samuel, that can not be used as grounds for annulment.

Hi. My husband is asking for an annulment since he is planning to marry his gf. I dont have any problem with that. Thing is that he never gave any financial support regarding about our daughter yet he can afford to get an annulment. That doesnt seem fair. He was able to graduate from a nursing course courtesy of my family. Is there a way for me to ask him to pay us with the money that was spent for his schooling? And also a child support for my daughter. Is it normal to ask for demands before we went thru the annulment process? Please help. I need some enlightenment.

Lally, part of the annulment process is your demand for support and separation of conjugal property. You should engage a lawyer to defend your interests in court.

Can i file for presumptive death here in the philippines even if my husband is a foreigner(japanese) i havent seen him nor heard from him after we got married here in the philippines..almost 4 years now.. and i have a bf an american. what will i file? annulment of marriage or presumptive death?

By Ana Villarreal on December 28th, 2009 at 3:20 pm

Hello. I am a tourist in California. I am married in the philippines. I am planning to divorce my husband here in california. Do I still need to annul my marriage to my husband in the philippines?

Ana, a divorce obtained by a Filipino citizen or former Filipino citizen overseas is no recognized in the Philippines. To dissolve their marriage Filipino citizens must obtain an annulment in the Philippines.

I have a friend who wants to get married again. The story is this: The boy and the girl went to Britain and there, the got married under the British law. Both of them are filipinos. Then they subsequently annulled the marriage under the British law. Now the boy is here in the Philippines and wanted to marry my friend. Is the annulment of the first marriage valid under the Philippine laws and therefore the boy can marry again a filipina?

Jeriel, Filipino citizens may only obtain an annulment in the Philippines. The annulment of the first marriage is not valid under Philippine law and he can not remarry.

what constitute a valid reason for not appearing in court other than illness? i am in US and currently being petitioned by my employer, thus therefore not allowed to leave the country. i would like to file for an annulment but would not be able to appear in court in PI. Is there a chance the Judge will allow not appearing in court? Thanks.

MRR, you have to appear in court or the judge will dismiss the case.

By Lilia Chalmers on January 31st, 2010 at 7:31 am

i married my british husband 2005 had a son. prior to my marriage i got a CENOMAR fully authenticated. i applied for settlement to UK and the embassy found out the i have a previous marriage contract back 1983. (my mother said its a fake) so, when i got my cenomar i believed her. anyway, everybody adviced me to get annulment to my previous marriage.my question is if ever i will start annulment, and granted. is my second married will legal? or do we need to remarry again? i need advice. because to spend money for the man that is a waste of space does not worth it. i am not really that desperate to settle in UK. thanks

Lilia, your second marriage is not valid. You must have both marriages annulled and remarry.

Me and my husband were married on April 1990 and we have 2 kids.I am here in UK for 3 years. My sister discovered on CENOMAR that my husband married to another girl on Oct. 1987. It means that out marriage is invalid. What are the documents to be presented to Home Office to change my status.

Looking forward for your reply. Thanks.

Sam, you will have to file a petition for annulment on the grounds of bigamous marriage. You will need to present the NSO certified marriage certificates of both marriages.

By LEAH IGNACIO on February 6th, 2010 at 1:16 am

hi!
i am married for 8 years, i and my x-husband separated for 6 yrs now. my x husbands family dont want us to apply an annulment.. is it possible that i can file an annulment even w/o my husband permission? im 18 3 days after my bday got married in civil, then after a year, in church, after 1year we separated. what can be my grounds to file an annulment??

Leah, yes you may file a petition for annulment. You should consult with a lawyer to see what grounds apply best to your case.

Hi,

My parents have been separated for 4 years now because of my father’s sexual infidelity which was caught in the act by his siblings and also by my mother. It’s been told that he’s been having sexual relations with other women way back but there is no solid proof or evidence before. He also had a child with a recent woman he got into and he’s living together with the child. He also haven’t supported us in our studies since we’re just kids becauase he has no stable work. I’m 24 now. Do we have enough grounds to file for annulment case for our parents? Please advise. Thanks a lot.

Angel, infidelity is not grounds for annulment.

I am married 1988 but my husband joined the US navy year 1989. He left me for more than 20 years without any communication and I don’t know where abouts. Now I have a boyfriend whom I want to marry. Can I marry this guy?

Joy, you need to obtain an annulment before you can remarry.