The Steps at a Glance:
- Determine the Ground
- Hire a Lawyer
- Gather your Documents
- Complete the Psychological Evaluation
- Line up your witnesses
- Ask your Lawyer to Complete the Petition
- File the Petition in Court
- Attend the Collusion Investigation
- Attend the Pre-Trial of the case
- Complete the Trial of the case
- Wait for the Decision
- Wait for the Finality of the Decision
- Record the Decision with the Civil Registrar and the Philippine Statistics Authority
- Divide and Distribute the Properties
- Record the Inheritance of the Children
Determine the Ground.
The first step in an annulment in the Philippines is determining the basis or the reasons why you want your marriage annulled. The usual grounds for the process of annulment in the Philippines are psychological incapacity, being under 18 years of age, not having a marriage license, and having a bigamous marriage.
Hire a Lawyer.
Since filing an annulment in the Philippines requires legal expertise, your choice of an annulment lawyer who is an expert in the field is critical. This professional can provide you the tools and the guide to an annulment in the Philippines. It is illegal for a lawyer to say that your annulment will be granted 100%. An important factor in choosing an attorney is asking yourself the question as to how much the cost of an annulment in the Philippines would be for you, or more specifically, how much the lawyer will charge for the process.
Get the Documents
The basic documents required for the process of an annulment in the Philippines are the marriage certificate and the birth certificates of children, if any. Other required documents which should be in your checklist for a Philippine annulment are those that prove your residence like the barangay certificate, sketch map of your residence, and a government ID.
Do the Psychological Evaluation
This is not a must but could be helpful. Ask your annulment lawyer in the Philippines for any referral. Just like with your choice of an attorney, choose a psychologist you can trust and afford.
Line Up Your Witnesses
Most courts require at least four (4) witnesses for an annulment case in the Philippines, namely, the Petitioner, the psychologist, and two corroborating witnesses.
Ask Your Lawyer to Complete the Petition
Your Philippine annulment attorney can only start putting together the petition when the psychological report, the documents, the marital history, and the witnesses are given to him.
File the Petition in Court
The petition can only be filed with the family court which covers your or your spouse’s residence for the last six (6) months.
Attend the Collusion Investigation
After the petition is filed, the court will ask the prosecutor to conduct the collusion investigation to determine if the parties conspired in the filing of the annulment case. The collusion investigation signals the formal start of the annulment process in the Philippines.
Prepare for and Attend the Pre-Trial of the Case
The pre-trial is for determining if there are issues that the parties can agree on like support, custody, or property. Documents will also be marked during this time in preparation for the trial. An important part of the pre-trial is the schedule of the actual trial itself which the court will determine based on its own calendar for all other cases. This will provide you an idea of how long to complete the annulment process in the Philippines or how long the annulment will take. This is important for those who may be working abroad .
Prepare for and Attend the Trial of the Case.
The trial is the stage of the case where the evidence is presented, consisting of the testimonies of the witnesses and the documents.
Wait for the Decision
This may take a while depending on the case load of a particular court.
If the Petition is Granted, Wait for the Finality and Get Certificate of Finality.
The decision in an annulment case becomes final after the lapse of 15 days from receipt by any party.
Record the Decision with the right government offices.
If you won and there is no appeal filed by the government through the Office of the Solicitor General, the decision becomes final. The court can then issue a certificate of finality which must be endorsed to the civil registrars and the Philippine Statistics Authority (PSA).
Divide and Distribute the Properties.
The common properties and funds are usually divided equally after the payment of the creditors of the marriage.
Record the Inheritance of the Children.
This is complicated. Ask your lawyer about it.
Source:
LIST OF DOCUMENTS FOR AN ANNULMENT IN THE PHILIPPINES
See also recent amendments to the documents required in filing an annulment in the Philippines by CLICKING HERE.
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