Annulment is a broad term for two types of dissolving a marriage in the Philippines. A marriage in the Philippines can come to an end either by an “annulment” or by a “declaration of nullity of marriage”. Unfortunately, there is no divorce law in the Philippines except among Muslims or when the husband alone is a Muslim and the marriage was done under Muslim rites. Also, a divorce between a Filipino and a foreigner obtained outside the Philippines can be recognized by a Philippine court in a process know as judicial recognition of a foreign divorce. In an annulment, the marriage is valid in the beginning but there is a defect in how the consent to the marriage was obtained (fraud, lack of parental consent if the parties are between 18 and 21 years of age, one party is of unsound mind) or the other party would not have consented to the marriage had he or she known about something which was discovered after the marriage about the other spouse (impotence or failure to consummate the marriage, or an incurable sexually-transmitted disease). However, when the parties in the marriage continue to live together , any of the grounds for annulment cannot be used anymore to dissolve the marriage with the exception of the grounds of impotence and having a sexually transmitted disease. Children of a voidable marriage are legitimate. Generally, a petition for annulment can be filed within five years from discovery of the ground. In a declaration of nullity, on the other hand, the marriage is void from the very beginning either because any one of the parties is not capacitated to even consent to the marriage ( under 18 years of age), a requirement of the law was not followed (lack of a marriage license, lack of authority of the one who officiated the marriage), mistake in the identity of the other party, and psychological incapacity. A void marriage cannot be cured by living together no matter for how long. Children of a void marriage generally are illegitimate except if the ground used is psychological incapacity. Since the marriage is void from the very start, filing a petition for declaration of nullity does not prescribe and can be filed anytime.
What are the Grounds or Valid Reasons for Annulment in the Philippines?
The most common grounds are psychological incapacity, lack of a marriage license, bigamous marriage, and minority (below 18). The other grounds will require more evidence and may be more difficult to prove.
How Much is the Cost of Annulment in the Philippines?
As of 2022, the cost is somewhere between 300 thousand pesos to 600 thousand pesos depending on the lawyer hired to handle the annulment, the location or place of filing, and issues like custody, property, and support. Payment plans may also be available.
How Long Will it Take to Process an Annulment in the Philippines?
The entire time to process an annulment will take between 2 to 4 years if not contested and there are no additional issues like custody, property, or support. With the current procedure in place, estimates for six (6) months or less than one (1) year that are available online are very unrealistic.
What are the Requirements for Annulment in the Philippines?
The court will require proof of your marriage and the birth certificates of children, if any. Evidence of residence for the last 6 months will also be needed like the barangay certificate with a sketch map, a government identification, and other documents indicating the residence.
What are the Steps for the Annulment Process in the Philippines?
The following are the main steps in processing your annulment: 1) Preparation Determine the grounds for your annulment by doing your research on the annulment process and the lawyer you will hire. You can also start putting together the documents. 2) Hire a lawyer and do the psychological evaluation. 3) File the petition and participate in the collusion investigation and court hearings. 4) Get the Decision. 5) Annotate the Decision in your marriage certificate.
This Post Has 53 Comments
Hello, pwede pa ba ako mag ask ng financial support para sa anak ko after 15 years na di ko nakakausap ang ex husband ko my child turns 18 next month.
May sarili na syang family pero legally married kami.
Pano kung ang reason kung bakit kame nagpakasal is because i got pregnant at the age of 18.. Napilitan lang ako magpakasal dahil sa takot at dahil na din sa pag insist ng parents ko to get married para di nakakahiya sa ibang tao. We got married on 2010, pero got separated after 1 year. We are still friends for the sake of our son, pero we wanted to have an annulment or nullity of marriage. What should we file? We both have different partners now but we are co-parenting our son.
pwde po bang maging grounds ng annulment yung pagkakaroon ng anak sa ibang lalake after married
Yes, sexual infidelity may be a ground for an annulment as part of psychological incapacity. However, note that the court will look at the totality of the relationship in determining whether or not to grant the annulment. The court will not focus on one isolated or specific ground because in real life, a marriage breaks down due to many interrelated reasons making up the totality of the relationship.
Paano po ako makakapunta at magiging legal sa bansang america sa boyfriend ko,,mahigit 8 yrs na po kmi hiwalay ng dati kong asawa at my pamilya at anak n po siya sa iba,,hindi pa po annul ang aming kasal at gusto ko mapawalang bisa ang dati kong kasal,,ano po ba ang dapat kong gawin paano magpaannul,magkano at gaano katagal paano po magsadya sa inyong opiisina,,maraming salamat po,
God bless po,
Please read a related post on this blog referring to the STEPS TO GET AN ANNULMENT IN THE PHILIPPINES(https://deborjalaw.com/practice-areas/annulment-in-the-philippines/)
Hello Admin, Nais ko lamg pong humingi ng payo kung paano maging legal na mapawalang bisa po ang kasal ko. Naruklasan ko pong may naunang pinakasalan yung mister ko 1991 po sya nagpakasal sa una at kami po 1994. Mag 20 yrs na rin po kaming hiwalay at may iba na syang family. May amak pi kaming isang dalaga na po sya ngayon since 6yrs old palang po sya ng humiwalay po ako sa ama nya ng matuklasan kong may una syang asawa. Lubos po akong umaasa nawa’y matugunan po ang problema ko po sa ama ng aking anak. More Power and God bless!
If your husband was previously married when he married you, the proper ground to dissolve the marriage should be that your marriage was bigamous.
Hi. I’ve been married for 2 years. We’ve been together for a year and we separated after that. She is now with another man and I with another woman also. Is it possible that our marriage will be annulled even it’s just more than a year that we’ve been separated? And how much will the whole annulment process cost?
The law does not require a period of time of being married to qualify for an annulment. Strictly speaking, you can file for annulment anytime after you have been married.
possible pa din po ba maapprove ang petition for annulment kahit ayaw pumayag ng spouse na pumirma sa petition?
Ito ang madalas maling akala ng marami na kailangang ang partisipasyon ng asawa sa pag proseso ng annulment. Para sa kaalaman ng mga readers, note na hindi kailangan ng pirma, pagsangayon, or partisipasyon ng inyong asawa para makakuha kayo ng annulment. Hindi ito kailangan sa batas. Ito pa nga ay maaring maging dahilan ng dismissal ng annulment kung mapatunayan na ito ay “collusion” o conchabahan ng mag asawa sa pag file ng annulment.
I was married to a foreigner in the Philippines and was already separated for almost 7 years and no contact anymore. During the marriage we have a property.
My question is: Can i file an annulment ? How that works as i do not have any contact with him anymore after the separation? And what happen to the property?
Thank you so much
Hello Irene…we will be sending you an email shortly in answer to your questions. Thank you for commenting here.
The Philippine law is so stupid.
One might as well convert to Islam then file for divorce.
Pano po dapat kung gawin..iniwanan po ako at anak ko ng asawa ko 2009 at nakabuntis sya at may dalawa na silang anak…hindi po nag susuporta ang asawa ko sa anak ko..kaya ako na ang tumaguyod sa anak ko hanggang ngayun..ano po ba dapat kong gawin? Kasi gusto ko na po ma annulled kasal namin.ano po dapat kung gawin..sana po mabigyan nyo ako ng payo..at kung magkano po magagastos.salamat po
If my ex husband will agree in annulment does it makes the process of annulment faster? And the case about custody of my children were being evaluated in DSWD.. I also have a SPA Which states that the custody is mine
Do not mention that your husband agrees to the annulment to anyone, it is specifically prohibited that there be collusion between the parties in an annulment proceeding. If the court finds out there is collusion, the petition for annulment will be dismissed.
That being said, it might take between a year and a year and a half to finish the proceeding.
It is best to consult a lawyer for your specific annulment proceeding.
how can i apply for annulment weve been separated for almost 5 yrs and his with anOther woman now…
In my case my ex husband is already married before he get marry with me,so it will take a year to finish the case..? Why it takes long time specially I have the them marriage contract to proof,and is it same cost..?
I was married there in the Philippines but it didnt last so we ‘ve got divorced here in Belgium .Now i am married again with kids already.Here,is there no problem but there i’m still married from my ex that’s why i want to ask what can i do to annulled my marriage there in Philippines?how much will it cost me and what requirements for processing annulment?pls help me?thanks
We r currntly on a prcess of anulment. Prior to that weve alredy had a signed agrement 4 d suport of our dghter ( scul and alowances) But suddenly, she is askng me to pay the downpaymnt coz she wantd to have a house as usual 4 what she said is 4 the kid. And if i did not comply on what she asks me she’ll stop the anulment case. She ws using the anulment case to blakmail me. Is ther any legal actions that i can make to put this thing to an end and at least 2 protect my right. Ive nvr failed to comply wen it comes 2 childs welfare. Or shud i w8 til d case be finalized b4 doing legal action like filing 4 extrtion or blckmail. Wud it stil b valid 4 such claim.
How long does it take muslim divorce in the Philippines?
I have a question. I am married to a foreigner. We have been separated for more 10 years now. I lost contact with him. How can i file an annulment? How can he get an appearance if we dont have communication anymore? Please answer all this.
I think you are stuck.
You can’t have annulment unless you both agree to it .
This is not necessarily true. In fact, if both parties agree it may be interpreted as collusion.
We have the same problem. May i ask if did you already got an answer? And how?
Thank u so much
Is there anything possible that i can file annulment if i have been separated for 2 years? My ex husband and i decided to be separate because of always fight and argued about everything specifically about money and our kids. He can’t handle the situation to take good care of my kids. He lacks of support and money. Thank you.
I am looking to get my marriage in the philippines annulled. My marriage brokedown in 2005 and i have not lived in the philippines since 2007.
Can i get the marriage annulled competed without coming to the Philippines? If yes what is the cost for this?
hi. i would like to ask po, what if a girl has children already to his new partner whose age of their eldest is 8 yrs old and their youngest is about 5 yrs old but then the boy has a partner and children as well, the age of the eldest is 3 yrs old.is it still base of psychological grounds? and how can this case be annulled? or is this possible to be annulled and how?
I am planning to file an annulment there in the Philippines.
My question is, if approved. Do I still need to file a divorce here in Canada? Or is our Annulment is recognized In Canada.
Please advice. THANK you.
I think you don’t have to . You are not legally married in Canada. And there is no chance for your. ex husband to live and marry in Canada as well.
separated n ko s asawa ko for halos 7years n.paano ano ang step natgagawin ko para mag file ng annulment. at magkano ang cost. at ano po b ung plan payment?
Hi, Can I use annulment as strategy to get a US visa? From F3 to F2B.
How fast the annulment be if both parties agree?
Can you revoke annulment?
Hi. Im married to a foreigner but unfortunately he disappear and leave me broke. I dont have contact with him about 4years ago.thanks admin
may I ask if what will be the possible outcomes if I plan to loan a house and lot in PAG IBIG. my records there is single I didnt update may status since I was married year 2015 but me and my husband was not in good terms. can I proceed to the loan or file for annulment first?
thank you admin.hope you can answer my inquiry.
I am very worried with my lawyer. I have already paid him half of his required fee and ive already had psychological evaluation as well as my husband whom i have been filing an annulment case againts. The evaluation was finished last january 2017 but as of now, my lawyer hasnt filed the case yet. I have paid him last february 2016 pa. Pls help.
i am also an ofw. i have previous marriage to my egyptian ex husband but we are separated for almost 6 years now and no contact at all. marriage was solemnized in Muslim way. for the record, i made myself a Muslin in religion but actually living my life as Christian catholic. and now i am seeking to get a divorce because i would like to marry my fiance. can anyone advice what is the best thing for me to do. Thanks
How soon can I file for an annulment? We got separated January 2017, but the marital problems started 3 years ago.
We separated about 15 years since we got civil married in 2000…is these can be a ground to apply for annulment?thanks
How does an American citizen file for annulment in the Philippines??
Ako po ay taga Batangas, isa pong maliit na manggagawa. Nais ko po sana malaman kung paano maavail yong free annulment sa Pilipinas kasi po ako’y niloko at iniwan ng aking asawa at ngayon ay nasa akin ang aking anak. Gusto ko po sanang magpakasal na sa pinakauna kong naging nobya subalit ayaw ko po makuha sa akin aking anak ng ina nito at ng tomboy niyang kinakasama. Ano po ang dapat kong gawin?
Sir what if the annullment case i filed was dismissed, can i file another annullment case again? Thank u po..
Hello,,,how can i start the first step of annulment.,if my spouse is still living with me,,,,do I have to leave the house so that I can file my annulment?
How I can apply annulment ? I am ofw ? Is it possible like me to annul even I’m not in the Philippines ? Especially my ex husband I van say physiological incapacity and we ate separated since 2011? Is there a chance for me to annul ?
Yes, you can start the process even while you are abroad. The Petition which will be drafted by a lawyer will be sent to you for notarization at the Philippine embassy nearest to you then sent back to the Philippines for filing with the court.
Tanong kulang po Kong sakaling nasa I bang bansa young x husband ko pwede po ba ko mag filed ng annul. At may possibilities bang ma grant young annulment kapg baguhan lang magkahiwalay like 1 year or so.. Hindi ko po kasi
Mahal yung x ko. Kahit sinubukan ko at Osaka young marriage namin ay lahat kagustuhan lang ng mama ko. Kaya bitter pagsasama naming.
i want an annulment for my husband now…2012 pa po kmi mgksama and my dlawang anak n po kmi…kasal po sya nung2010 ..and 2011 nghwalay po cla kc ngkaanak ung ex wyf nya sa iba…paano po aq mkakapgfile ng annulment gntong isang maybahay lng po ako…txbk po asap…
2012 po kmi ngsama nd 5yrs na po kmi ngaun…ano po mga hakbang pwde kong gawin…kasal po cla sa huwes lang…need feedback po
hello po good evening..paano po yun 8 yrs ng hiwalay friend ko sa asawa niya then gusto ng lalaki ma annulment kasal nila..paano po gagawin ng babae?..yung girl ayaw niya maannulment kasal nila ng ex niya po..ano po dpat gawin ng friend ko admin..
Guday atty. ako po ay filipino kinasal sa filipino dto sa pinas,,nun 2001 po ay ngpunta ang husband. Ko sa US at nun 2002 ng file po xa ng divorce dun at nagpakasal po xa pero filipino citizen pa po xa nun ,,ano po ba ang dapat na status ko after 20 yrs of being alone dto sa pinas posible po ba kilalanin un divorce decree na hawak ko po dto sa pinas or ano po dapat kung gawin para nmn po ako makapag asawa muli salamat p
Dapat mag file ka ng recognition of divorce sa Pilipinas. Pag na grant ito, saka ka pa lang magiging single.
Yes u can Monaliza