Since there is no divorce in the Philippines, there only two ways to end a marriage allowed by law . The first is by annulment and the second is a declaration of nullity of marriage. In annulment, there is a valid marriage but there are grounds to end the marriage like impotence , having a sexually transmitted disease, lack of parental consent if one or both of the parties are between 18 and 21 years of age, one party being of unsound mind, and fraud, force, or intimidation in getting the consent of one party to the marriage. In a declaration of nullity, the marriage is void from the very beginning because of minority (below18), lack of a marriage license, and psychological incapacity. For a quick overview of the process, see our related article by clicking here.
YOUR FREE 8-STEP GUIDE ON HOW TO FILE AND PROCESS AN ANNULMENT IN THE PHILIPPINES
1) Research. Consider the Grounds, Cost , and Time.
2) Hire a Lawyer.
3) Do your Psychological Evaluation.
4) File the Petition.
5) Attend the Pre-Trial and Collusion Investigation.
6) Attend the Trial.
7) Wait for the Decision of the Court.
8) Register the Decision with the civil registrar and the Philippine Statistics Authority.
STEP 1: READ UP ON THE PROCESS OF ANNULMENT: THE INITIAL CONSIDERATIONS OF GROUNDS, COST, AND TIME FOR AN ANNULMENT IN THE PHILIPPINES.
There are readily available materials online dealing with the process of annulment. This will give you an idea of what you are getting into and the experiences of others who have gone through the process.
The first question people ask is : Do I have grounds to file an annulment in the Philippines? What are the valid reasons that I can use?
The more common grounds are psychological incapacity, minority (under 18), lack of a marriage license, and bigamous marriages. The other grounds like fraud or intimidation in obtaining the consent of either party may be more difficult to prove in court.
Your research at this preliminary stage should next focus on the procedure, the choice of attorneys, and the costs involved. Visit online attorney directories, read up on articles on annulment, and if you have friends or relatives who have gone through an annulment, it may be a good idea to talk to them so you could compare costs and an idea of the time required to complete the process.
There are two important questions that you should ask:
How much does it cost to get an annulment in the Philippines?
The cost is somewhere between 300 thousand pesos to 600 thousand pesos depending on the lawyer, the location or place of filing, and issues like custody, property, and support.
How long does it take to get an annulment in the Philippines?
It takes between 2 to 4 years time to complete the process of annulment in the Philippines if it is not contested and there are no issues like child custody, support , or property. This is not a hard and fast rule and will depend on other factors, including the court’s caseload, promotion or retirement of judges and prosecutors, and staffing issues with the court.
After determining if you can afford the costs and whether or not you can adjust to the time required to complete the process, you are now ready to speak to a professional.
STEP 2: HIRE A LAWYER
The choice of an attorney or lawyer is the most important part of the annulment process. Your choice will determine your probable success and whether or not the legal services you are seeking would match your financial budget and your timetable.
But how do you choose your attorney. For most people, it would be the first time they would be speaking to a lawyer.
First and foremost, choose an attorney that you can trust. Avoid those who promise you the moon and the stars just to get your business. Beware of websites and attorneys who promise to get you an annulment in a few months time, or insist that you do not even have to appear in court to get an annulment. These are telltale signs of a scam and that you are dealing with a fixer.
The next consideration in your choice of an attorney is the cost which can vary depending on the experience of the attorney , the issues involved such as child custody, support, or property settlement.
Once you have narrowed your options to 3 or 4 lawyers, you are ready to schedule your appointment and then make your final choice.
Do not forget to ask your attorney for a written contract which should indicate in detail the terms and conditions of the handling of the case.
Do not be afraid to ask your attorney questions on the contract, which tend to be very legalistic. If needed, ask him to translate the words for you. If an attorney refuses to reduce the agreement in writing or is not willing to explain the terms and conditions to your satisfaction, walk away while you can.
What are the documents that will be required by my attorney in processing my annulment?
The essential documents are the marriage certificate, birth certificates of children, proofs of residence for the last 6 months such as the notarized barangay certificate with sketch map, government Identification, utility bills, lease contract for the residence, among others.
Does my husband or wife need to sign or consent to the annulment?
The consent of the other spouse is not required. In fact, it is not allowed and will be considered collusion which is illegal and a ground to dismiss the Petition for Declaration of Nullity or Annulment.
STEP 3. GO THROUGH THE PSYCHOLOGICAL EVALUATION.
After the initial consultation with your choice for an attorney and the signing of the contract, the next step would be the psychological evaluation if the ground for your annulment is psychological incapacity. In the Philippines, the ground for most annulments (or more precisely, declaration of nullity of marriage) is psychological incapacity. It has a wide meaning under Philippine law but it has been defined as failure to comply with the essential obligations of marriage.
The scope of the psychological evaluation varies between psychologists. Some are more thorough than others. Normally, it consists of written tests which will determine your personality and an interview where you will be asked about your spouse and your marriage.
The psychologist and your attorney will ask you to make a marital history which will form the basis of the petition and the psychological evaluation.
According to the Supreme Court of the Philippines, the psychological evaluation is not mandatory to get an annulment. However, it may be a good idea to have one to strengthen your case.
STEP 4. FILE THE PETITION.
After the written psychological evaluation is released by the psychologist, your attorney will proceed to draft the petition which will be filed in court based on the facts that he gathered from you during your initial consultation and the written psychological evaluation.
At this point in the process, your attorney will also ask to speak to the witnesses who will testify on your behalf during the court hearings. Normally, these are the same witnesses who were interviewed by the psychologist during the psychological evaluation. There should be at least 2 witnesses who are either friends or relatives who knew what happened to your marriage.
Once the petition is finalized , your attorney should submit it for your approval before finalizing it. After all, you know your marital history and would be able to double check the facts.
When the petition is finalized, you would need to sign the affidavit or verification of non forum shopping which will be attached to the petition. If you are in the Philippines, the affidavit has to be sworn to before a notary public.
A common question with Filipinos working or living abroad is:
Can I still file an annulment even if I am working and living abroad?
The answer is YES and the documents can be signed and notarized before the nearest Philippine embassy or consulate. The written statements of the psychologist and your witnesses are required to be included with the petition to be filed in court.
Where should you file the Petition for Annulment or Declaration of Nullity of Marriage in the Philippines?
The law gives you only two options, which is the family court with jurisdiction over either of the residences of the husband or wife for the six (6) months before filing of the Petition.
Forum shopping is not allowed. You cannot choose a court outside of these places.
When the petition is filed in court, it will go through the process of being assigned to a judge by raffle which is open to the public.
How will the court notify my husband or wife if I do not know where he or she lives?
The law provides that if the residence of the other spouse is not known, the court may require the service of the summons by publication in a newspaper of general circulation in the Philippines once a week for two consecutive weeks or in such other locations as it may deem proper. There are specific rules for the service of the summons, which is the initial notice given by the court to the other party that there is a Petition for Declaration of Nullity filed against him and gives him the opportunity to answer and participate in the case.
Recent amendments to the Rules on Declaration of Nullity of Marriage now allow for two exceptions to the documentary requirements (barangay certificate with sketch location, sworn statement of counsel that he has verified the address of the Petitioner, and other acceptable documents to prove residence like government-issued identification, title to the property, lease contract, among others). The first exception to the submission of these documents is when there is alleged violence against the person of the Petitioner and or the children or any criminal activity, alcoholism, drug addiction, infidelity, or failure to provide support. The second exception is allowed when both parties are residing abroad in which case the documents required will be the sworn certification from the Philippine consulate of the fact that the parties are residing abroad, sufficient proof of last known residence of the parties when they were living together in the Philippines, and the sworn certification of counsel that he has explained the documentary requirements to the Petitioner. (JANUARY 20, 2024 UPDATES)
STEP 5. ATTEND THE PRE-TRIAL AND COLLUSION INVESTIGATION.
When your case is received by the judge who was lucky enough to be picked in the raffle, it will be scheduled for pre-trial . The court will also issue an order asking the prosecutor assigned to the court to conduct a collusion investigation to determine if you and your spouse conspired to file the petition for declaration of nullity of marriage. Philippine law does not allow for the parties to agree to an annulment, unlike in some other countries where there is consensual or a no-contest divorce.
During the pre-trial process, the judge will limit the issues involved in the case and may direct the parties to also submit to a mediation to determine if they can agree on certain preliminary issues like support, custody , or visitation privileges.
Do I have to attend the collusion investigation in person or can it be done by videoconference?
The rules which allow for videoconference seem to apply only to the courts. However, if it is already allowed for the court itself, there may be justification for the judge to allow it also for the actual collusion investigation.
STEP 6. ATTEND THE TRIAL
A trial of an annulment case normally involves three (3) main witnesses, the Petitioner (the one filing the Petition) , the psychologist, and a corroborating witness ( a friend or relative who knew the couple while they were married and has first-hand knowledge of the break-up). Some psychologists and courts may require more than one witness. All witnesses will be subject to questioning by the judge and the prosecutor who represents the government in the case.
The respondent (the “ex”) is notified throughout the process and can appear to contest the petition, although this is very rare because he or she may also like to be annulled after years of separation and may have a family of his own by the time you decide to pursue your annulment.
Is there such a thing as a non-appearance annulment?
NO. A non-appearance annulment is illegal. You will be required to testify in court in person or by videoconference.
Because of the pandemic, courts were allowed to conduct the pre-trial and trial by videoconference. This is not automatic and needs the approval of the court.
Even after the worst of the pandemic was over, the Supreme Court of the Philippines which supervises all courts in the Philippines issued guidelines on the conduct of videoconference hearings, noting the commendable results of its use during the pandemic.
But will my husband or wife be required to appear in court?
Again, the answer is NO. The other spouse will receive notices about the annulment case but his or her appearance in court is not mandatory for the annulment case to proceed.
STEP 7. WAIT FOR THE DECISION OF THE COURT..
After the witnesses are heard, the case is submitted for the decision of the court.
From the time the decision is rendered , there is a 15 day period from the latest receipt of any party within which a motion for reconsideration can be filed.
If your annulment is granted, the OSG (Office of the Solicitor General) through the Public Prosecutor can file a motion for reconsideration and appeal the case to the Court of Appeals. If this happens, the annulment does not become final and you will have to wait next for the decision of the Court of Appeals. If no appeal is filed, you are just one step away to freedom.
Can I remarry after my annulment is granted?
Yes, you can. But you have to wait for the finality of the decision and its annotation with the civil registrar and the Philippine Statistics Authority.
STEP 8. REGISTER THE DECISION OF THE COURT WITH THE CIVIL REGISTRAR’S OFFICE AND THE PHILIPPINE STATISTICS AUTHORITY
If the annulment is granted, the Office of the Civil Registrar in the place where the marriage took place has to endorse the decision of the court for annotation on the marriage certificate with the Philippine Statistics Authority so anyone can check if the marriage was truly declared null and void.
