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How to File an Annulment in the Philippines

Posted by Dave on Sunday, March 15th, 2009

Contact a lawyer to discuss the merits of your petition and whether the grounds exist for you to file a Petition for Annulment of Marriage or a Declaration of Nullity of your marriage.

Annulment of Marriage

Art. 45 of the Family Code of the Philippines lists the grounds for Annulment of Voidable Marriages for causes existing at the time of the marriage.

Grounds for Annulment of Marriage in the Philippines

Declaration of Nullity Void and Voidable Marriages

 The grounds for the declaration of nullity can be any of those stated in:

Article 35 – Lack of the Formal and Essential Requisites of Marriage
Article 36 – Psychological Incapacity
Article 37 – Incestuous Marriages
Article 38 – Marriages that are Void by Reason of Public Policy

The majority of Petitions to void marriages in the Philippines are filed on the grounds of Psychological Incapacity.

To see which grounds are the most relevant to your particular case please vist read the post below

Grounds for Nullity and Voidable Marriages

We file petitions for annulments only in Metro Manila.
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Comments

im luz(filipino citizen) fiancee of darek(polish national),we are in cyprus, and im looking for lawyer for me to file an annulment,im married in the philippines last july 26, 2003…can i have your e-mail address for me to send my petition?i really need lawyer and help..thanks..

Luz, pls use the email form on this page to email a lawyer

Hi I am here in the United States right now I want to annull my marriage in the Philippines way back Nov 2000 in our province? My ex husband is in the Philippines with our 2 daughters ages 7 & 4. i want also to get their custody. hope you cn help me. thanks

By Daisy Calaluan on March 27th, 2009 at 1:45 am

Dear Sirs,

I was married 10 years ago. After 5 months of marriage I became pregnant. When my husband found out I was pregnant, he took off and I have had no contact with him for 9 1/2 years. At the time we were married, he have girlfriend living at his moms house. She got pregnant too, and he took off. He has not provided any support to me or my daughter.

I would like to be remarried with a good man that can provide me some love and support. I am not rich and would like to know what cost is involved with the annulment filing.

Thank You
Daisy Calaluan

Daisy, please email us Email a Lawyer

im married for 23 yrs i want to anul cos my husband we separated he is with other girl until now they have children i want my marriage to be anul he is not supporting for 23 yrs and no communication what if i file annulment so that i want my surname back ok thinks have an nice day

Gievanz, if you have grounds for annulment you may file a petition.

Hi, I want to file an annulment to my husband we are married last 1997 in Philippines.We obtained our British Citizenship last January 2008.What shall I do first. Please email me back. I will greatly appreciate it.Thanks and kind regards
julie

Julie, read the articles and questions and answers on this website you should find most of the answers to your questions.

I’m a US citizen and I wants to marry a girl in the phillippines, but she’s married to a guy in Holland thats in jail for life. what can I do?

James, the girl you want to marry must file a petition for annulment.

i am married to a guy from holland last march 14,2006,but we broke up same year coz we cannot get on,and later this year i found out he got deported in cebu and he is wanted in interpool list in holland,,,what is the best thing i can do and ground can i petition to get annulment,,,please help me what to do

Mylyn, this is not a simple question you must consult directly with a lawyer.

Hi! I have been unhappy with my married life for the last 5 years. I have been thinking to annul our marriage. We were only married on a civil court, not in church. My mind is still going through this tough decision as I don’t know what would be the best ground reason. I have reviewed the grounds for annulment. One could possibly be pyschological incapacity. What can you suggest? Thanks.

Beth, each annulment case is different you should consult with a lawyer to see which grounds best suit your case. Though psychological incapacity is the most grounds used to file a petition for annulment.

i was secretly married to my bf last jan.2003. we never lived together as husband n wife before both of us r still leaving with r families..we got marrried without r parents consent at the age of 20…we r no longer seeing each other for a year now…when my bf asked for a no marriage paper last year, we found out that r secret marriage was listed there….now we are planning to have it annulled so we can remarry…what advice can u give to us pls….

Fer, there is no such thing as a secret marriage. You should consult with a lawyer to see the best way to file a petition for annulment.

Good day. I’m married for almost three years now. The first year was ok, but with the following years, my husband just snapped and lost his interest on the marriage. When he went back to the US after our marriage in the Philippines, we never had a chance to see each other again and live as husband and wife. I want our marriage to be annulled because no matter how much I try to make the marriage works, he doesn’t show any efforts. And I think he has this psychological imbalance because sometimes he wants the marriage, sometimes not. What I’m getting from all of these are just emotional and verbal abuses. Also, I’ve caught him three times already having relationship with other women outside our marriage.

I need your assistance on this. I’m currently in Brunei now and before I go back to the Philippines for vacation this September, I would like to have a contact lawyer who can help me sort the legal issues on this. Also, I would like to know how much would it cost, from lawyer consultation to filing of annulment. I am not well-off and I would appreciate if you can provide me with a lawyer who doesn’t charge that much.

Many thanks.

By Mary Anne on April 14th, 2009 at 9:35 am

I am married to a Lebanese nationality in Manila, is getting a divorce in his country will also be accepted in our country?

Mary Anne, you will have to file a petition for recognition of foreign divorce in the Philippines.

im married for 16 years but my wife left me when she went abroad in 2002 and never came back so i marry my gf,is my 2nd marriage valid?becoz my first wife leave for almost seven years

Matthew, your second marriage is not valid. You can marry a second if you are already married. This is called bigamy and is a criminal offense.

By marcy advento on April 20th, 2009 at 8:56 am

hi, i got married in philippines in 2006 to an australian guy,but we didnt get along.he flew back to australia the same month that we got married. a year later we bump into each other and he told me that he has filed an annulment but im not sure if he did so because i didnt get any notice or etc. what should i do or where should i go to find out if the annulment has been processed or not? pls advised me. im really in need of legal advice. thank you

Marcy, it all depends where he filed the annulment. In the Philippines check with the NSO if in Australia contact the Australian embassy on to find out.

hello can i ask your help with my problem i was married to a canadian citizen,after my marrieage he left me , 2 years no cumminication, then i found one wants to marry me he is also a foreigner ,then this year my husband contack me back , actually he is here now in cebu, as what i have observed theres no love at all, i want to have an anullment with my husband , what should i do, i dont know how to start with, please help me with my problem

thank you very much, can you please send it to my mail, hopefully i hear your advice

Joyce, you have to file a petition for annulment, if you are in Cebu you should contact a lawyer there.

By tes andriano on April 24th, 2009 at 11:10 pm

i married in 1991 but my spouse was under 21 and without parent’s consent. he put a false age in the marriage contract so we could get married. does this make the marriage null and void automatically or would i have to go to a legal process to declare it null and void. thanks… tes

ps. we lived together for 1.5 yrs then he went abroad and never came back.

Tes, even if a marriage is null and void from the beginning it is still necessary to have it nullified by the courts of the Philippines.

By sonny valencia on April 26th, 2009 at 12:45 pm

hi i got a married 2003 and we separated in 2005 and she devorce me already and i want to annul my married in the philippines. can you give me advice to this matter thank you.

Sonny, you can engage a lawyer to file a petition for recognition of foreign divorce in the Philippines.

hi. I got married to my husband May 2007 here in the Philippines. We were both 21 years old at that time. His parents were living in the US. He is an immigrant. He didn’t have a parent consent when we got married.

Everything seems fine as I know, until last week, I found out that he has a girlfriend for 3 weeks in the US who was introduced by his aunt to him. The time I found out about it, next day he asked me for an annulment.

Right now I am applying for a work in Canada and this May is my flight. He is planning to file an annulment. I want to ask how can he file the annulment if he is in the US. Is there anything that I need to sign in the process of annulment? because I will not be able to sign since I will be in Canada. Do we need to both appear in the Philippines?

Chanter, who ever files the petiton for annulment must appear in court in the Philippines. If you are the respondent you do not need to appear in court or sign anything, unless you wish to contest the annulment or some of the terms.

Hi, I like to merry a women from Phillippines. She is already merried, but separated since years. Can she have a divorce in Saudi Arabia, so that we could merry here?

Sascha, a divorce obtained outside of the Philippines will not be recognized in the Philippines. Therefore, she will not be able to obtain documents from the Philippines embassy to show that she may remarry.

Hi! My friend is in saudi arabia and he wanted to file nullity of his marriage with his ex since it was executed in fraud. No marriage license and the when they signed the contract it was blank. They were just surprised that it was filed to NSO. Is it possible that the case be filed in the philippines by other person in his behalf since he’s staying abroad? Tnx!

Anne, your friend must come to the Philippines and appear in court.

Hi! my bf is married in the philippines, when his wife learned about us, she threat us to file criminal case againts us. are we bound to be sue by her even his husband never failed supporting them and we dont live together? what are the possible case she can file and what will it may cause us? he wanted to file for annulment but we are not financially ready yet, can filing for legal separation will help us from this complication? hope you can help us. Thank you

Lovely, your bf’s spouse may have a case against you, living together or not does not change anything.
Legal separation will not change anything as they will still be husband and wife. Your bf will need to file a petition for annulment of marriage if you do not want to be harassed.

hi its me again, thank you for the advice.
we really dont know what to do coz right now my bf is in vacation in phil with, but will come back here in uae soon.and she still theatening me. my bf really wants us to be together. if he will file annulment how much will it cost and does he need to get back to phil again for that? sorry for keep on asking coz i really need ur advice to make us safe. thank you so much

hi i got a married 2003 and we separated in 2005.months ago she marry other guy. and i also got married my gf as my second wife. this is valid?

Jack, both your marriages are not valid, but you still need to appear in court to have your 2nd marriage annulled.

Hi. We got married on civil but we already separated for almost 3 yrs. I left my daughter with him in Phil. because i need to work in UAE to support my daughter now he had a new girl and he got her pregnant she already gave birth with the child. And I want to get may daughter from his custody and live with my mom but still i need to stay in UAE, but he doesn’t want to give the custody to my mom at the moment I can’t go home because i need to finish my contract otherwise they will terminated me and i don’t want that to happened. Now can my mom file a case to him since she knew what he did, can she do it under my behalf, i was planning to sue him a case since his married to me so that i can take the custody of my daughter. I really need your advice

Genalyn, you may file for legal separation or annulment. Legal separation will not allow you to remarry in the future.

Thank’s for that another question Can I take my kid from his custody because at the moment he doesn’t want to give the child to me. Can I file a case to them since we are still married to each other. I already spoke to him to take my child from him but still he doesn’t want to give me because i’m out of the country. Where can I get in touch with you I really need a help to pursue this. Just send email to me please.

Hello…I got married in 1993, i got separated from him 2004 and filed a custody case over our child. I wanted to file an annulment the problem is dont know where he is right now.

Nancy, you don’t need to know where your husband is to file a petition of annulment.

Hi,im married for 18yrs now but separeted for 5yrs. im not happy of our marriage for many many years? the reson is because “TRUST” is gone between us? Now im at other country to find for living and to support my 2 kids in there schooling? I been asking for my fredom but he keeps refusing? what’s the first step to do to process the annulment for us? Is it possible to have my annulment?

Hi!
I am maried now for 8 yrs.My husband and I were separated now for almost a yr.Honestly, I am not in love with my husband.we just got married because I got pregnant.can I still file for an annulment?because i dont love him.

Hi I just want to ask some advice, I’m Married for almost 9 years and were both living abroad, I’m planning to file an annulment due to fall out of love and a lots of misunderstanding we dont have any children at all. I have a boyfriend which is Australian Citizen and residing in Australia he’s planning to bring me to Australia and apply for a fiancee visa. Do I need to file the annulment in the Philippines which we are married in the Philippines as well and how long it will take for the annulment and how much it will cost? Can i remarry in Australia even though my marriage is not yet annulled in the Philippines? We dont know what to do please give me some advice. Looking forward to this matter. Thank you

i wanted to ask advice, iam planning to file annulment this year, my ex and i married in 1994 and we separated 2002, he had been a habitual womanizer since our marriage life,in 1998 i had acquired STD from him,when he had sexual intercourse with a bar girl in masbate.he was verbally, physically abusive,when he gets mad he will always crashed things around the house.I also have learned that in their office he had a gf too, and he admiited it to me.he had a permanent job but not sharing in household finances,I hope u can enlightened me ..if these can be grounds to annulment/
thank you

Hi,
If the filipina who recently got a canadian citizenship. Is she can file divorce in canada? but they were both filipino citizen during marriage ceremony.
thanx

Lynn, yes a Canadian citizen may file for divorce in Canada but then she must also a file a petition of recognition of a foreign judgment to have the marriage dissolved in the Philippines. Otherwise the records will show that she is still married in the Philippines.

By brownangel on May 31st, 2009 at 12:00 pm

Hi,
Have a nice day…..
As of now I’m working here in North America. If I will file for nullity of my marriage, do I need to go home to the Philippines?

Brownangel, you have to appear in court in the Philippines.

Hi im Belle been sepated with my husband for 10yrs now and i want to get an annulment…we dont get along since we get married we always have a fight…i leave him and took my kids with me…he always get drunk at that time no work…hes with another woman now for 9yrs…i want to get an annulmet and want to remarry again…what will be my ground to get an annulment?how much does it cost the whole process…how long does it take to do all the process?hope to hear from you soon..thank you

Hi! I’ve been married for almost 9 years. Last 2007 I went back to Canada bcoz my husband and I were having some financial problems and we have a son that I need to support. I found out recently that our marriage was void since the beginning bcoz we got married without getting the certificate of legal capacity to contract marriage since I’m a Canadian citizen. And now I want to file an annulment but how do I go about with that if I’m here in Canada? Can I file an annulment here?

Hi i married to US citizen january 2007 here in phil.We were living-in together for 21days. wen we got married, but after a months of our wedding things are change and no cominacation until now..i want to move on and freedom so i want to file annulment but unfortunately dnt know how and where to start..and what kind of ground annulment?

Hi sir im sacy,my marriage is annuled just 2 months ago in my first husband but before my anullment was finalize i already married 6 month before i got my annul ..my question sir did my marriage in foreigner is legal or void

Sacy, your 2nd marriage is void.

hi i got married in 1994 a few months we seperated until now its 15 yrs already ,i didnt see him anymore my friend say that he has his own family and i have mine too ..i like to ask ,.can i file annulment or is it my marriage is valid even if we didnt forward the marriage contract in NSO?

thanks i really need help

Did you check with the NSO that your marriage whether your marriage is registered? Is your marriage registered at the local marriage registrar? Even if there is no record of the marriage at the NSO it does not mean the marriage is not valid.

I was civilly married last 2002 and after few years of marriage, I got embarassed with my wife’s attitutde. and we got separated last 2008 althoguh she doesnt want it. Now i am working abroad and she is in manila. If i will file an annulment and she does not want to sign the papers, will it affect the case and will be failed?

Alvin, if the Judge issues a decree of annulment your marriage is dissolved. Your wife can appeal but it is has nothing to do with her signing or not.

By HonieLhet on June 22nd, 2009 at 6:12 am

hi,Im separated for almost 7 yrs and i have 2 baby,my husband have 2nd family already and we dont have communication for 7 yrs,Im the only one supporting may babies,Im here in uae,and i have bf for 2 yrs and we have plan to get married,he is muslim.it is possible we can get married here in uae?Do i need to file annullment in phillipine?pls help me dont know what to do?

HonieLhet, a Filipino who is married can not marry a second time unless their first marriage is dissolved by the court in the Philippines or their spouse has died. A marriage is valid no matter how many years the spouses are separated.

hello sirs
i have only few question… i want to apply a annulment for my husband….
but im currently workin in united states and i want to apply my annulment here in usa…. how long it goin to takes if i file my annulment here instead in philippines….is there a chance if i file it here in america my annulment….

hope u can help me on my situation….
thanks

Maryann, a Filipino citizen may only obtain an annulment in the Philippines.

Hello! Gud evng,I have a lot of question,I hope u can help me.I have a friend,she was married for almost 23 years to the father of her children, but on the 4th year of their marriage they separated until the present time without getting any support.But after several years,my friend met a man & had a relation.They had a child.But my friend didnot file any annulment and the man didnt show up anymore.Will there marriage be automatically null & void due to the long period of time the father did not support the child?How about her present relationship?Does she have the right now to marry again without filing a formal & legal separation from her marriage? if ever she decide to file for annulment what is her possible grounds for petition?Is it possible for an annulment to be granted even without the presence of her husband?

Lala, a marriage does not become automatically null and void. A court decree is always necessary to dissolve a marriage.

Hi i’m abby im married for 6 yrs and we have one son. i want to anull cos my husband we separated for almost 4 yrs he is with other girl now and they have one daughter i want my marriage to be anulled he is not supporting us and no communication. do you think can i file an annualment? and how long is the process for this. Thanks and God bless you..

Abigail, you should consult with a lawyer to see which grounds would apply best for you.

pls, help my gf is a filipino and was married in april 2 2002 to a japananes and he left april 2 2002 same day and they talked for 8 weeks then he just stopped and she has heard nothing from him and cant get ahold of him at all we want to get married but cant pls tell us what is the best way to get this fixed so we can have a life togeather can she get a divorce or a annulment with out him signing papers pls tell us what to do think you so much Randy and Sharon

Randy, an annulment petition can be filed and proceed without the other spouse appearing. This can be explained to you by the lawyer who you will engage to file the petition.

I have been married to my husband 11years now and but we separated when our 1st son was onl 2yrs old, he had several girlfriends after that,he didnt support us only when he feels like it and its only not even enough for a meal at a fast food chain.After 8 yrs we gor together again and we had another son but he hasnt changed. The reason for our first break up is still present and I’m sick of it.I want to file for annulment but he doesnt want to. Is it possible for me to file for annulment even if he doesnt want it?

Aileen, any spouse has the right to file a petition for annulment. The Judge will decide if the case is valid or not.

hi i only want to know if it is possile to file an annulment here in europe even you are married before in philippines and both filipin.thanks

Michelle, no you may not file for annulment in Europe.

hi,its jen sister in australia my sister live in the philippines and her husband was in jail for about 5 years they seperate for more than 9 years and no communication,she filed for annulment last 2 years ago and she”s been in the court for hearing two times she done all the pyschology part but the attorney charge her to much money so she stop the processing of annnulment we would like to ask what we gonna do to get a annulment fast not to spend more money my mail address is given above waiting for your advice..thank you.

By Mary Rose on July 23rd, 2009 at 2:39 am

Hi,

you advised me before to file a petiion for recognition of foreign divorce. My question is where can I file that one? in my municipality, province? and how long will it take to file and to be annulled?

Thank you so much for your help.

Sincerely,

Mary Rose

Can a Filipino citizen whose marriage in the philippines was not annulled(but got divorced in the States),remarry legally in the philippines now that he is an American citizen?

Trixy, a Filipino who has given up their citizenship is no longer subject to Filipino Family Law. But if that person returns to the Philippines there may be complications as the records will show that she is married already. It may be best to file a petition for recognition of foreign judgment to have the records changed at the NSO. (will depend also what citizenship the person had at the time of the divorce.)

We have been married for almost a year. I know that this is a trial-n-error year of whats best and what worst, but he simply just want to go shake his marriage of his system. I want to deny it myself that he is not into another woman, but i always end up “denying what’s obvious and denying the fact”. I wanted to file for an annulment and also I found out that so as him. Will our annulment be hastened as we both parties are willing to this marriage annulled? I don’t want my daughter seeing the worst from his father since we aren’t really in speaking terms for months now.

Will our plea for annulment be strong in this irreconcilable personalities. I may not be willing the first time, but the situation i guess is telling me to give in.

Please help.

Aura, if both parties to annulment agree, the case will be dismissed by the fiscal for collusion. Irreconcilable personalities is not grounds for annulment.

been married for 8 yrs..my husband has schizophrenia. we have doctors documentation as i have been going with him to his pysch sessions…will this make the process faster??were not living togethr for 3 months now..will this also win my custody over the kids?? thnx

Queenie, schizophrenia will not make the process of annulment faster. The court shall give paramount consideration to the moral and material welfare of the children and their choice with whom they wish to remain.

hi i have some question im married to a us citizen and living in america ryt now and on process to be a american citizen,and our marriage is no working anymore and i decided to file for my marriage to be annulled can u give me some advise of what should i do we still live together in different beds like roommates i pay half of the bills in our house and i want to go back to the philippines i want to know if i cant file the annullment here can i file it when i go back to the philippines we got married in the court here in states last 06 i would really appreciate it thnx

Eds, Filipino citizens may not obtain a divorce or annulment overseas.

Atty.,

In filing for annulment, is the other party entitled to go after whatever assets I may have? My understanding is that if marriage is annuled, it is as if we never got married in the first place therefore the other party won’t be allowed to go after my assets.

Please advise. Thanks!

Pascal, normally all assets are divided between the spouses unless there is marriage contract that provides otherwise or a pre-nuptial agreement.

I got married at a church back there in Manila 9 years ago with an american citizen. I lived here in the states for 4 years and got my permanent resident card. we have a son who has a dual citizen. Can he file a divorce here? What is the effect on my status? do i have to file annulment back there?

Seritam, if a foreign spouse obtains a divorce overseas the Filipino spouse may file a petition for recognition of foreign divorce to have their status changed to single in the Philippines.

I was married to a Filipino before he become an Australian citizen. I was able to annul our Phillippine marriage here in US. Is this applicable in the Phil. or do I have to file annulment back there? By the way im still a Filipino citizen. thank you!

Myrna, your annulment in the US is not valid. All Filipino citizens no matter where they live must comply with Philippine law. You will have to have an annulment in the Philippines to validly have your marriage annulled.

hi. i’ve been married for two years now. i was only 19 and the guy was only 20 when we got married due to my unexpected pregnancy. the thing is we didn’t knw that we’re gonna be married until both parties talked about what to do. we were not asked permission. we were very surprised. we were not asked if it’s okay for us to get married. we were not really ready for this marriage and we admit that. but it’s like we were left with no choice because we were not really asked about it. so it gives me an impression that it is forced. now, im not happy with this marriage. im the only one working for our son and he’s not yet done with his studies. in addition, he is an online game addict. he would spend money, time and effort just to play online games. in fact, when i was still in college, he won’t let me use the computer until he finishes the game. last april, after my graduation, i decided to work here in manila. so i left there with my son. eversince, we don’t talk anymore that often. the bottom line is, i don’t want this marriage in the first place. i tried knowing i have no choice because it was predetermined especially by my parents. and i don’t think my husband can provide enough for us since he is immature and im the only one working for our family. i think there is no sense of continuing the marriage since personally, i don’t feel a thing anymore towards him. now, is this sufficient enough for me to file for an annulment? thanks.

Jodie, nothing you mention is grounds for annulment.

okay. so if that’t the case, can i at least apply for nullity of marriage?

Jodie, you may consider filing a petition for annulment on the grounds of psychological incapacity.

Hi! I’m an american citizen, and i got married at the philippines april 2008. The marriage didn’t work out the way I thought it would. I’m getting tired of putting my life on hold. Can I file for a divorce here in california? If I do, will the divorce be valid in case I meet another guy in the future and want to remarry here in the U.S.?

Thanks,
Gen

Gen, yes you can file divorce as an American citizen. Philippine only applies to you if you were a Filipino citizen at the time of your marriage.

Hi! I’ve been married for almost 10 years now. I decided to live again with my parents last 2007 when I realize that I could no longer continue living with my husband whom I have been supporting for 8 years because he has no job and who is hooked on drugs. His constant lying makes our situation unbearable that I finally have decided to leave him for good. Can this situation a valid ground for annulment? Please help me.

Sue, what you mention is not grounds for annulment. You may want to consider filing a petition for annulment on the grounds of psychological incapacity.

i am married but separated for almost 9yrs. and i have a muslim boyfriend and he wants to marry me. I also want to marry him ’cause we already have 1 child. how can this be possible?

Ellesor, you will have to obtain an annulment.

HI i jsut got married to an American citizen and he has divrced his filipina wife which they got married and he filed for divorce in USA. After few months we got married but now i found out we dont get along very well.. It was hell… Id like to know if if its easier to get an annulment when your husband is also a foreigner or is it that our marriage valid in the first place?

Beth, your marriage is valid but you may file a petition for annulment. Your husband being a foreigner does not make it easier to obtain an annulment.

hi,

my bf was married 10 years ago with his former gf but never lived even a single day in one roof. after a week he went to abroad and after two years there they decided to separate ways. his former gf has married again without annullying their marriage. 5 years after they found out that their marriage license is not recorded in the local civil registrar but their marriage is recorded in NSO. is their marriage voidable? what are their grounds? thanks.

Rhiann, all marriages can be voided if the grounds exist. To find out which grounds to use a lawyer should be consulted.

Hi!. I was secretly married on a civil rites in the Phils in 1999.in the year 2000,I came here to Singapore for employment and has recently obtained my Singapore citizenship. I have been separated with my husband 9 years and 8 months now,to be exact,without any contact with him, since he has been living in with another girl for 9 years. I’ve never changed my marital status from single to married, and never used my husband’s name as we never lived together since our marriage. Currently, there is an american guy who is willing to marry me in the US. I understand that a filipino who has given up his/her citizenship is no longer subject to a filipino family law. Since I am now a Singapore citizen, does that mean that I can remarry abroad even if my previous marriage in the Phils is not yet annulled? And will these create problems later on when i want to obtain a US green card because I’m still married in the Phils? If I want my marriage annulled,how much will it cost, and how long will the process take? I appreciate if u could advise me on this. Thanks a lot..

Hi, I would like to ask if my marriage is valid or not. I am actually my husband’s second wife and we have been married for 18 years now. He never filed an annulment but when we were in Oman,at the embassy, we made
agreements with his former wife and signed papers instating that she would no longer claim anything from him provided that he give all their existing assets to her. When we got married, he just showed these documents and a new marriage license was given to us. Am I considered a leagal wife already?

Michelle, your marriage maybe valid, it depends if your husband is a Muslim. If your husband is not Muslim your marriage is not valid.

By Menchie Bautista on October 17th, 2009 at 5:01 am

I was married last Oct. 1992. But we got separated in 1998. Since then my daughter stayed with me. My former husband has a new family of his own a son. And I have a partner now for 8 years. I know he married the woman she’s living with as the woman’s request. My partner has been asking me that we get married, but I can’t since we’re still legally married to my first husband. I don’t know if there’s any ground for annulment in my situation. Besides, I can’t afford all the legalities of an annulment.
If my former husband married the woman he’s living with now, can our marriage be cancelled? Or is it gonna be their marriage that’s gonna be cancelled? If there’s a possible bigamy, which marriage will be nulled and void? Or both if proven? Please give me guidance on this matter. Thank you.

Menchie, your marriage is valid and you can not remarry unless you obtain an annulment. Your husband’s second marriage is not valid as he is still married to you.

Dear Sirs,

I got married last 15 August 1991 at of 20, after 6 1/2 years of marriage my husband and I decided to separate. My Ex initiated the application for annulment, infact I already undergo for psychological test, but due to his absence (he is a seaman) we where not able to follow up.

My question, is it possible for me to continue in his behalf? Or should I apply?

Please advise.

Enarliza, you should check at the Regional Trail Court if the case has been dismissed or not. If the case has been dismissed you may file a new petition for annulment.

I got married in the phils, but separated.
I filed for divorce when i got here in US when i was still a filipino citizen. Can I file for recognition of foreign judgment? I am now a US citizen.

hello, just want pieces oF advise in this problem. the husband is still married but physically separated from his wife for two years. the reason why he is no longer staying in their conjugal dwelling was that the wife kicked him out because the husband was wrongfully accused that he was flirting with another woman.the husband tempted twice to return to their conjugal house,he even texted his wife that he wants to return home,, but the wife refused and instead told his husband to leave her alone and their children. one year later, the husband found a new gf, now they have been living together as husband and wife. the husband wants everything legal for her new gf. he wants to file an annulment against his wife. there is also a rumor that the wife doesnt like to file an annulment because she is still interested in the pension and retirement fees of the husband.AND THAT she doesnt like to have a conjugal property separation and that she is afraid that she might loss the support given by the husband. now the question is that, CAN THE HUSBAND INITIATE FOR HIMSELF THE FILING OF ANNULMENT?, IS HE THE PROPER PARTY TO FILE FOR AN ANNULMENT. AND IF THE WIFE WILL NOT RESPOND, WHAT WOULD BE THE BEST REMEDY IN THIS CASE? please do give advice..i will appreciate it so much.. thank you

Aisha, any spouse may file a petition for annulment if the respondent spouse does appear in court the case will still be heard by the judge who will decide to issue a decree of annulment or not.

I filed for anulment and was denied. My 1st husband wants to file for annulment. We’re both here in US now. He is filipino citizen and I am now a US citizen. In what municipality or city can he file for annulment?

We got married in the Phils when we were both Filipino citizens. I filed for anulment and was denied. My ex wants to file for anulment. We are both here in US. He is still filipino citizen and I am now US citizen. In what municipality or city can he file for anulment? Pls help me.

By Leonardo Dela Cruz on October 29th, 2009 at 11:11 pm

Aisha&Yusuf
Hi were both previously marriage in the Philippines but were both separated. We both work in Saudi Arabia converted to Muslim and get married in Islam. We have valid marriage certificate from Saudi Arabia with the stamped of ministry of interior. We moved on to Canada and work as temporary worker and with application for permanent residency. Is our marriage is acceptable to Canadian laws or we need to apply for annulment in the Philippines? Thank you so much.Looking forward to read from you.

Leonardo, you will have to ask the Canadian government to get the correct answer.

hi,pede po ba ako mag file ng anullment?nasa abraod ako,at niloko ako ng asawa ko,den ngayun may anak na sila at ung babae alam ko gumagamit na den ng ipipagbabawal na gamot,.kasal po noong 1998.

Jerry, you can start the process for annulment from abroad, but you will have to come to the Philippines to appear in court.

hi,im married before i left phil.i came to korea and i meet my new fiance i got pegnant from him so now we have son.i came back here last year 2008 march 28,then i filed annulment in may but i didn’t contunue it because my ex husband asking me money and he was tyring to get me in trouble.they said that they were suppose to take me in the court because i was the one that ruin our marriage specially they found out that i have a son in my fiance.now i been separated to him for almost seven years.sir my question is if i file an anulment again,and if they fight me in court,do u think this anulement will get fix.do u think i can go jail because they are accusing me for bigamy.please help me i realy want this anulment to get done already.i really want my family to be complete again.my fiance is in u.s im here in phil.w our son. i just remember that before we get married.he was not the one that filling our marriage contract his father did i.and i dont think he understand it because he didn’t know how to read and he didn’t know how to write so u think i can use that for a grounds sir?

Jeralyn, without seeing the documents from your annulment case it is impossible for us to know if you can file for annulment again. Your husband can not file a bigamy case against you unless you remarried. Your husband can file a case of adultery against you.

hello sir i just want to ask if my mariage be annuled by fiscal if my husband and i,both decided to agree for annulment……………….thank u . gharie

Gharie, Fiscals do not annul marriage. Only Judges can issue a decree of annulment. The first job of a fiscal in an annulment is to make sure there is no collusion between the husband and wife meaning they must not be in agreement.

Im married for almost 13yrs now.Me and my husband lived together for 8yrs and we separated since then. We have no child. Since we separated we have no more communication. I got pregnant by my bf. After 5 yrs of being separated by my husband, i decided to file an annulment.Then in a different court he also filed legal separation and a criminal case against me aftr i filed for annulment. Will the court stop the annulment process and let the other court continue the process of legal separation and criminal case against me even though the annulment has been already filed first?

Hi i married to US citizen january 2007 here in phil.We were living-in together for 21days. wen we got married, but after a months of our wedding things are change and..i talked to my husband to divorce me but he want 4000 dollar na bayaran ko before he get file.. at walang garantee kung ififile nya yun. im not trust him…i want to file annulment but unfortunately dnt know how and where to start..and what kind of ground annulment?

Aytz, you can file a petition for annulment without the agreement of your husband. You should seek the assistance of a lawyer to prepare the petition.

By michelle eduave on December 23rd, 2009 at 3:37 am

hi, my bf wants to marry me but heis already married just january of this year. does he have to wait to file for annulment or he can file it immediately? if there’s a need to wait… how many years before he can file?

Michelle, anyone married person can file apetition for annulment at any time as long as the grounds for annulment exist.

hi my boyfriend and i went to have a civil marriage last year. the civil registry didnt ask for a CENOMAR. is it valid or not? i never saw the copy from the NSO. in case it is valid and if i want to file an annulment, would it be under the ground Article 35 (Lack of the Formal and Essential Requisites of Marriage. thanks i really appreciate ur answers.

Ana, the most important document is the marriage license which is issued by local civil registry. Did you have a marriage license? If yes, your marriage is most probably valid. It is hard to give you an exact answer without seeing all the documents.

How much would it cost for the whole annulment process?

TC, it all depends if there are child custody and separation of property issues.

hi its glyn,i just wanna ask if its true that after 7 yrs of not seeing and having no communication from my husband would be a ground to have my filed annulment granted?

Glyn, that is the old law, it is no longer valid.

Hi,i am working ofw here in Madrid. Can i file an annulment here in Spain? my husband he abondoned our 3 kids, and selling all the appliances it happened since i went abroad 2001, and even my children says that theire father has a girlfriend am sure of this, he didn’t give any cents to support our children.

thank you

Ivy, Filipino citizens may only legally file for an annulment in the Philippines.

I am relocating to the Phils and my girlfriend has been seperate from her ex husband for 3 years . She is planning to file for an Annulment . Can we live together in the Phils while the Anulment is in process ?

greethings.im 32 yrs man from canada and want to marry a 42 yrs women from philipine but she is married but seperated for 4 years now.1 can she get annulment so we get mairried.2.can she(yes or no).(annulement even not annulement)live on my side in canada forever and even come back in philipine wen ever she want?plz we need serieus help.

Andre, the only way you can legally marry your with your girlfriend is for her to obtain an annulment. If she marries you without first obtaining an annulment it will be a bigamous marriage and not valid in the Philippines or Canada.

good day., i felt so relieved when i saw your site., i just really need your advice on my situation., my ex got pregnant in ’04., she was expected to give birth december of that year, but due to complications., she was forced to labor and then when it didn’t worked out she went thru cs operation in november., it will be tough for me financially since we are not married and she will not be covered by my philhealth and sss benefits., a cousin of mine offered that she knows somebody who does marriage without appearance., so i accepted the offer., my cousin brought a marriage certificate form and we signed it in the hospital since my ex was confined that time., it was nov15 then., she went thru cs operation on nov19., to make it short., there is a marriage cert and it is also registered at the nso., we parted ways in 2007., i have just read the family code of the philippines and i’ve learned that if there is no marriage license., it is considered void., but as i looked thru our certificate., there is a marriage license number., i never signed or filed any marriage license., just the certificate that my cousin handed to me., but also i learned thru art.3 sec.3 that there should be a wedding ceremony., which we didn’t had., so marriage without appearance is a void one too., forgive me for this long story., i hope you can find time to give an advice on your opinion regarding this., thank you very much., god bless., i hope that you’ll continue helping people thru this., thanks again., more power:]

Ronjiro, you can’t use any of the above as grounds for annulment unless you want to admit that you committed fraud and graft to get married.

Good day! Me and my wife are agreed to file an annulment.I’d like to ask,if do we need to go back home(philippines)because were both overseas worker?

Gilbert, the law requires that the petitioner of the annulment appear in court in the Philippines.