Comments on: Grounds for Annulment of Marriage in the Philippines

By: Aze

Aze — Fri, 29 Jan 2010 07:00:32 +0000

This is just a follow up inquiry. Can I file an annulment even if we are 16 years married for the ground of psychological incapacity? Are drug addict can be a ground of psychological incapacity? I have medico legal last 2003 because I filled a case against him for hitting me. Can I use this as evidence on my annulment case even the case was closed?

Thank you very much.

By: Salie

Salie — Mon, 25 Jan 2010 08:01:24 +0000

Hi,Nice site… Please help me to answer my undying question…I was divorced to Taiwanese 8 yrs. ago, I’m a taiwanese holder the time of divorce. When the time I’ve decided to re-marry again, I passed All of my papers and process by Phil. Embassy in Taiwan, they sent my necessary docs. to DFA and city hall as well, then after that from city hall they informed my agent that I can re-marry anytime, because i’m not a filipino anymore. but this time i want to petition my filipino husband, they asking me a legal capacity from taiwan embassy, but taiwan embassy did not give me a legal capacity since I’m a filipino. And when i asked my sister to check if my marriage before is null and void, after that,they get a copy of my 1st marriage from nso…so it means my marriage still valid…pls. advice what i’m going to do…

Salie, if the it was your foreign husband who applied for the divorce in Taiwan, you may file a petition for recognition of foreign divorce, otherwise you will have to apply for annulment.

By: Sean

Sean — Sun, 24 Jan 2010 12:37:11 +0000

Hi! My bestfriend has been married with 2 kids for ten years and has not been living with the girl for almost 4 years now. They usually fight for some reason that made my bestfriend not to live with them (girl and kids) anymore. They are both catholic but they got married in a different religious group (i think, protestant) and all the witnesses just got paid for to sign on the papers. Will that be a ground for annulment? or he can just sort to a legal separation matter?

He wants to get an annulment and marry another girl in the future. What could be the best advise that you can give for him? Hope you can help. Thank you!

Sean, if your friend wants to get married he must file a petiton for annulment. Legal separation will not allow him to remarry. What you wrote above is not grounds for annulment.

By: toni

toni — Sat, 23 Jan 2010 04:04:04 +0000

Hello Sir,

You have a very interesting column here, and you seem to answer them pretty quickly, now let me try asking you about this plan I have in mind since the grounds for annulment here in our country is very tight.

My wife and I are not happy with our marriage anymore but we can not find any basis for annulment on the list. My plan is, since we are going to the states, as immigrants we would get married again there and get a divorce, is that a stupid idea or is legal? also get i get marry here again in the states?

if it is ok then is it applicable to other European countries as well? would that matter if we come back here in the Philippines?

Thanks for shedding some light:)

Toni, any divorce you obtain overseas will not be recognized in the Philippines and if you remarry the marriage will be considered bigamous in the Philippines and not valid.

By: Aze

Aze — Thu, 21 Jan 2010 13:36:02 +0000

I’m married since 1992, my husband and I got separated last 2000, we had a document from a lawyer. The reason we separate is because he is on drugs and he hit me. In fact my sisters send him to jail. Then he ask another chance to be us together again, so I gave him a chance, cause I am going abroad I dont want my kids to live alone. But now he is on drugs again and he did again what he did before, he sell our things for drugs. Im so tired of this situation. I want to focus my attention to my sons. Can I file an annulment for our marriage, cause before we only separate but it seems that he did not respect our separation. He always keep bothering me, that’s one reason also I go back to him cause I dont want any of my family will be hurt again if I will not go back with him.

Aze, not respecting your separation agreement is not grounds for annulment. You may want to explore the possibility of filing an annulment on the grounds of psychological incapacity.

By: Joanne

Joanne — Tue, 19 Jan 2010 18:18:00 +0000

hi sir,
I got to read ur column and would like to inquire about my concerns regarding my marriage.First, I got married last Mar 2001 and I had 2 kids but my spouse and I never lived together, I found out Oct 2009, after almost 4 years of not having any communication with him that he just arrived in the U.S and is married to a Filipina. I decided to request for a CENOMAR copy from the NSO just this year for both our names, result is showing that I have 1 marriage record listed with him as the spoouse but for his it is also showing 1 marriage record but not with me but with the 2nd marriage he had last 2007 with the Filipina who went first in the U.S.
Sir, I am so confused about this, is this a result of the red tape here in the Phil. and he even had the chance to have a US Visa for misrepresentation.
Need your assistance badly what if in case I plan to marry a US citizen, do I still need to file an annulment? It seems that I am married to a person who is not married to me… Please help… Thank you so much

Joanne, you are legally married and you will need to obtain an annulment if you wish to remarry. Your husband’s second marriage is no valid. And yes, there are sometimes glitches in the NSO computer system.

By: mhay a.

mhay a. — Tue, 19 Jan 2010 09:19:19 +0000

hello sir,
us i am reading this column i realize to have a few question on you …i want to know if my bf had a chance to apply for legal separation?they get married 6yrs ago and had 2children aged 7 and 5yrs girls and boys they get married under age like she was 18 and they adjusted it …now they both have diff relations us i mentioned him,she treatened us this time ,,,,i am so confused pls do give me some advice of what shall i do……thank you so much and more power…..ms.mhay.

Mhay, even if your boyfriend would get a legal separation he can not legally live with you or marry you. A legal separation does not dissolve a marriage. Only an annulment can dissolve a marriage. Please call our office if you wish a consultation to see how your boyfriend can obtain an annulment.

By: Bryan

Bryan — Mon, 18 Jan 2010 06:02:23 +0000

Good site, thank you. My girlfriend is Filipino, separated and does not seem to have legal reason for annulment. I am Canadian, living in China. Is there any legally recognized method of marrying, without an annulment?

Bryan, if you marry your girlfriend who is married, your girlfriend will be committing the crime of bigamy. Your girlfriend must obtain an annulment in the Philippines if you wish to marry her legally. Have your girlfriend consult with a lawyer and she might be able to find grounds for annulment.

By: robert

robert — Sun, 17 Jan 2010 17:26:58 +0000

I and my ex wife was separated for 7 years with no communications, and i don’t know where she is. I left her because she commits adultery, somebody told me that she has already new husband and kids. Now i want to re-marry with other woman. Can this be a ground for annulment? How much will it take to void my first marriage? thank you.

Robert, infidelity is not grounds for annulment.

By: maria

maria — Sun, 17 Jan 2010 03:18:58 +0000

I got married last 1996 but it didn’t last so got separated year 2001. My husband filed for an annulment that same year and unfortunately it was denied. Since then we haven’t me again but the last news I heard about him was he got a partner and 2 kids.

I’m just wondering if I can file a new annulment case and what would be the chances of having it approved? and also how much will cost?

Maria, I can not answer your question without knowing the reason why your husband’s petition for annulment was denied.