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Annulment in the Philippines
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.
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.
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
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.
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)
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?
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!!!
Juvy,
A divorce obtained by Filipino citizens overseas is not recognized under Philippines law. You will not be able to marry again in the Philippines unless you obtain an annulment in the Philippines.
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.
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
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?
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.
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