How to File an Annulment in the Philippines

• Determine the Ground.

  The usual grounds are psychological incapacity, being under 18 years of age, not having a marriage license, and having a bigamous marriage.

• Hire a Lawyer.

  Choose a lawyer you can trust and you can afford. It is illegal for a lawyer to say that your annulment will be granted 100%.

• Get the Documents

  The basic documents are the marriage certificate and the birth certificates of children, if any. Other required documents 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 lawyer 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, namely, the Petitioner, the psychologist, and two corroborating witnesses.

• Ask Your Lawyer to Complete the Petition

  Your 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.

• 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.

• 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 Administration (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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