Annulment in the Philippines
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.
Email or call us Tel.: 63 2 474-2732 for a consultation