Annulment in the Philippines
According to Article 68 of the Family Code, the husband and wife must live together, observe mutual love, respect and fidelity, and render mutual help and support. However, if these marital obligations are no longer fulfilled, either party may seek an annulment.
On March 15, 2003, the Supreme Court promulgated the New Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. This Rule governs the procedure for annulment of voidable marriages under the Family Code of the Philippines.
What are the Legal Grounds for Annulment in the Philippines?
Annulment is a legal procedure that declares a marriage null and void, allowing both parties to remarry as their previous marriage will be legally unrecognized. It can only be sought under certain grounds recognized by Philippine law.
According to Article 45 of the Family Code, a marriage may be annulled if any of the following grounds existed at the time of the marriage:
- Underage Marriage. If one or both parties were underage and lacked parental consent or court approval at the time of the marriage. However, if the individual reaches the age of twenty-one (21) and decides to continue the marriage, this ground for annulment may no longer be applicable.
- Fraud. if one party agreed to the marriage based on deceit or false information provided by the other party.
- Forced Consent. If one spouse was coerced or threatened into the marriage and only consented because of the threat.
- Sexual Disease. If either party has a serious and incurable sexually transmitted disease (STD) that appears to be incurable.
Who May File for an Annulment in the Philippines?
The following individuals may file a petition for annulment:
- A party whose parent or guardian did not consent to the marriage. This party may file within five (5) years after reaching the age of twenty-one (21), unless they choose to continue the marriage. If the party is still a minor, their parents may file the petition on their behalf.
- The unaware spouse and the mentally incapacitated spouse. The spouse who was unaware of the other spouse’s psychological incapacity may file for annulment. On the other hand, the mentally incapacitated spouse may file after recovering, provided they have not freely cohabited with the other party since their recovery.
- The injured party whose consent was obtained through fraud. This party may file within five (5) years after discovering the fraud, provided they have not freely cohabited with the other party with full knowledge of the fraud.
- The injured party whose consent was obtained through force. This party may file within five (5) years from the end of the coercion, provided they have not voluntarily cohabited with the other party.
- The injured party whose spouse is physically incapable of consummating the marriage. This incapacity must be persistent and appear incurable. The petition must be filed within five (5) years after the marriage ceremony.
- The injured party whose spouse has a sexually transmissible disease (STD). This petition must be filed within five (5) years after the marriage ceremony.
What are the Necessary Requirements for Annulment?
The following are the necessary requirements in filing an annulment in the Philippines:
- Marriage Certificate
- Birth Certificate of child/children (if applicable)
- Full home addresses of both parties
- Notarized Certificate of Residency, issued by the barangay
- Sketch of address, certified by the barangay
- Legal documents showing the petitioner’s name and address
- Affidavit of Personal Verification of Residency by counsel
- Judicial Affidavits of the petitioner and corroborating witnesses
- Psychological Evaluation Report (if applicable)
How Do You Process an Annulment in the Philippines?
In order to process an annulment, the petitioner must follow these procedures:
- Consult with a Family Lawyer. It is advisable to consult with a family lawyer who specializes in annulment cases. They can provide legal advice, help identify the specific grounds for annulment applicable to your case, and guide you through the process.
- Prepare the Petition. Prepare the petition with the assistance of your lawyer. This should include details of the marriage, the grounds for annulment, and supporting documents. The petition will then be submitted to the appropriate court.
- File the Petition. The petition must be filed by your lawyer with the Regional Trial Court (RTC). The court will assign a docket number and schedule hearings.
- Court Hearings. The court will conduct hearings to evaluate the evidence and arguments from both sides. This process may involve testimonies from witnesses and experts, and submission of evidence to support the grounds for annulment.
- Court Ruling and Annulment Decree. After the hearings, the court will decide whether to grant the annulment. If granted, the court will issue an Annulment Decree, declaring the marriage null and void.
- Registration of Decree. The Annulment Decree must be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA) to update your marital status.
Additionally, the annulment process can be complex and time-consuming since every annulment case has different procedures and requirements. Therefore, seeking professional legal advice from a family lawyer or law firm is crucial for navigating the process and ensuring your interests are well-represented.
How Long Does Annulment Take in the Philippines?
Once you submit your petition for annulment, it will be processed promptly. However, the duration of the entire process depends on the court’s schedule and can range from six (6) months to four (4) years, which is a considerable amount of time.
How Much Does Annulment Cost in the Philippines?
Here is the detailed cost of annulment in the Philippines:
Expenses Category | Description and Cost Range |
Lawyer’s Acceptance Fee | Ranges from PHP100,000.00 to PHP200,000.00. However, some lawyers may charge up to PHP500,000.00. |
Legal Representation Fee | Ranges from PHP100,000.00 to PHP300,000.00, depending on the lawyer’s expertise and the complexity of the case. |
Court Filing Fee | Varies from several thousands to many ten of thousands of pesos, based on the assessed value of assets. |
Prenuptial Investigation Fee | Ranges from PHP5,000.00 to PHP10,000.00, depending on the professional conducting the investigation. |
Notice of Publication Fee | Ranges from PHP2,000.00 to PHP5,000.00. |
Psychological Evaluation Fee | Ranges from PHP20,000.00 to PHP50,000.00, including the professional fee, costs of the report, and the psychologist’s appearance in court. In some cases, it may reach up to PHP100,000.00. |
Moreover, the total cost of an annulment in the Philippines can range from PHP500,000.00 to PHP1,000,000.00 or more. This estimate includes legal fees, court costs, travel expenses, document handling, and other miscellaneous administrative expenses. The total cost may vary depending on the complexity of the case and other specific factors.
Need further information and assistance regarding Annulment? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.