Annulment in the Philippines is one of the most complicated legal procedures in the country; that’s why lawyers and clients must enter this process with a clear mind and purpose. Montano Flamiano Law, as an experienced firm housing the best annulment lawyer in the Philippines, has already encountered various annulment cases with different end results, situations, and motivations.
Our clients, who usually enter the process with zero knowledge, rely on our knowledge and expertise. During meetings, consultations, and inquiries, here are some of the most common questions asked by them:
- What are the grounds for annulment in the Philippines?
- How much would an annulment cost me?
- How long would the annulment process take?
- What’s the difference between annulment and divorce?
We aim to be the best annulment lawyer in the Philippines, so we’ll start with answering these common questions and more for our existing and prospective clients. In this guide, we’ll demystify annulment from the perspective of an expert annulment lawyer in the Philippines.
Annulment in the Philippines: Explained
Annulment, on its own, is a legal procedure that declares a marriage null or void. However, unlike divorce, which completely ends a legally valid marriage, annulment aims to recognize that a marriage is not legally valid in the first place based on certain criteria given by the national court. As such, most of the given criteria or grounds for annulment in the Philippines must exist prior to or during the marriage.
What are the Grounds for Annulment in the Philippines?
Based on Article 45 of the Family Code of the Philippines, Filipino citizens may annul a marriage based on the following main categories:
- Absence of Consent and Legal Capacity
- Bigamous Marriages
- Incestuous Marriages
- Psychological Incapacity
Aside from the list, there are also other grounds for annulment categorized under valid marriage or voidable marriage and void marriage. These two divide the grounds based on their existence prior to or during the marriage.
Annulment of Voidable Marriage
- Lack of parental consent
- Insanity
- Marriage consent obtained through fraud
- Marriage consent obtained through force, intimidation, and undue influence
- Impotence
- Existence of sexually transmitted diseases
Annulment of Void Marriage
- No essential or formal requisite
- Minority (marriage between any party below 18 even with the consent of parents or guardians)
- Lack of authority of the solemnizing officer
- No marriage license, excluding marriages exempted from the license requirement
- Bigamous or polygamous marriages (except in cases where there is declaration of presumptive death)
- Mistake in identity
- Subsequent marriages in bad faith
- Psychological incapacity at the time of marriage
- Incestuous marriages
- Marriages void by reason of public policy
What is Today’s Most Common Ground for Annulment?
Among all the grounds stated on the list, psychological incapacity remains today the most common ground for annulment in the Philippines. Psychological incapacity in one or both parties may have existed at the time of marriage but only entered the picture after the solemnization.
Due to the sensitive nature of annulment cases involving psychological incapacity, expert annulment lawyers in the Philippines work hand in hand with psychologists, psychiatrists, and other related professionals to handle the case. Psychological incapacity may be manifested by valid reasons like homosexuality, satyriasis/nymphomania, immaturity, sexual abstinence, extremely low intelligence, sociopathic anomalies (e.g., alcoholism, sadism, drug addiction, domestic violence), and extreme marital problems (e.g., compulsive gambling or unbearable jealousy).
What is the Cost of Annulment in the Philippines?
The cost depends on the case and other external factors. The average cost is 200,000 to 500,000 pesos. It can go higher, depending on the irregularities of the case and the advice of the best annulment lawyer that you can find.
Annulment Complication I: Responding to Annulment
Either of both parties can file an annulment with or without the support of the other. However, the other party’s opposition may complicate the process and delay the result. It’s best to consult an expert annulment lawyer in the Philippines before making a decision.
Annulment Complication II: Missing Party
The summons may be conducted through newspaper publication or other related and legal means if the other party’s identity or whereabouts are unknown.
The Annulment Process in the Philippines: Untangled
To proceed with the process, you need to seek help from the best annulment lawyer in the Philippines based on your area of residence. The best annulment lawyer should have the background and expertise to handle your case.
The annulment lawyer will assess your case and offer advice, so bring a copy of your marriage contract and other related documents. If your chosen annulment lawyer advises you to proceed, both of you will work together to identify and defend the grounds for annulment. At this point, you’ll be required to share your marital history and other marriage issues. The process will also require the presence of witnesses and their written statements.
After filing for a petition, summoning all parties, analyzing all documents, and conducting trials, the court will be the one to render a decision granting the petition. The best annulment lawyer in the Philippines can expedite this process for you.
Who Can Stand As My Witnesses?
Any person who knows you and the other party, your former spouse, can stand as a witness. They can be your relatives, neighbors, workmates, or mutual friends. The best witnesses are the ones who actually knew both parties before the marriage.
How to Apply For Annulment in the Philippines?
The application starts with the filing of the petition prepared and signed by your annulment lawyer. After the filing, the other party will be notified of the petition through summons. He or she can respond within 15 days from receipt. The case will proceed even without a response.
Where to File the Petition for Annulment?
The petition for annulment shall be submitted to the Family Court of the province or city where you and the respondent have been residing for at least six months prior to the date of the petition.
What Are the Documents You Need to Produce?
The petitioner and even the respondent will be required to provide basic documents, such as marriage certificates, children’s birth certificates (if there are any), valid government IDs, and barangay certificates.
When Will the Hearing Begins?
If the respondent didn’t respond, your annulment lawyer will conduct a collusion hearing to determine the validity and legality of the grounds presented. The next hearing will be a pre-trial, followed by the actual trial where you will be required to attend and testify your case.
How Long Does Annulment in the Philippines Take?
The average duration is one to two years, but it still depends on the case, the venue, and other external factors. Non-appearance of one or both parties is the common cause of delay. The competence and strategies of the best annulment lawyer in the Philippines, of course, can expedite the process. So, you must choose your annulment lawyer wisely.
When Will I Receive the Final Decision?
When the last hearing concluded, your annulment lawyer will file a Memorandum of the Case (if required), then you will receive the judge’s final decision. The decision will be deemed final if there are no appeals or reconsiderations after 15 days.
To inquire or schedule a meeting with our attorney, please call us at (632) 754-8060 or complete the form below and we will get back to you shortly.