Our annulment of marriage services can guide you through the entire legal process of annulment in the Philippines, offering expert legal advice, safeguarding your individual rights, and supporting you in achieving a favorable and legally compliant outcome.
What You Should Know About Annulment Under Philippine Law
Under the Family Code of the Philippines (E.O. 209), annulment is a judicial declaration that a marriage is voidable due to specific defects or irregularities that existed at the time the marriage was contracted.
Grounds for Annulment of Marriage
Article 45 of the Family Code provides that a marriage may be annulled for any of the following causes:
Absence of Parental Consent. The marriage was contracted by a party aged eighteen but below 21 without the required parental or guardian consent, unless the spouses freely cohabited after turning 21.
Unsound Mind. Either party was of unsound mind at the time of the marriage, except where the party subsequently regained reason and freely cohabitated with the other.
Fraud. Consent of either party was induced by fraud, unless the defrauded party, with full knowledge of the fraud, later freely cohabited with the other.
Force or Undue Influence. Consent was secured through force, intimidation, or undue influence; unless such coercion had ceased, the party subsequently cohabited.
Incapacity to Consummate the Marriage. Either party was physically incapable of consummating the marriage, and such incapacity is continuous and appears to be incurable.
Sexually Transmissible Disease. Either party is afflicted with a serious and apparently incurable sexually transmissible disease at the time of marriage.
General Documentary Requirements
Petitioners are required to submit key documentation establishing identity, marital status, and residency. This typically includes your marriage certificate, birth certificates of any children, proof of addresses, notarized certificates of residency, affidavits from the petitioner and corroborating witnesses, and any additional legal or psychological reports necessary to support the petition in accordance with applicable Philippine family law.
Petition for Annulment Procedure (Overview)
To file for annulment in the Philippines, petitioners must consult a family lawyer, file a petition with the Regional Trial Court supported by necessary documents, attend hearings, and, if granted, register the court-issued Annulment Decree with the Local Civil Registrar and the Philippine Statistics Authority (PSA).
What Duran & Duran-Schulze Law Does
As a trusted family and matrimonial law firm in the Philippines, Duran & Duran-Schulze Law provides comprehensive and expert legal guidance and representations for individuals seeking to annul their marriage. We assist in navigating the procedural requirements, preparing and filing the necessary petitions, and ensuring compliance with all applicable provisions of Philippine family law, safeguarding your rights throughout the annulment process.
Our Annulment Assistance and Legal Services
We provide comprehensive assistance and legal services to guide clients through every aspect of annulment in the Philippines. These include:
Legal Consultation and Case Assessment
We start by evaluating the matrimonial situation, identifying applicable grounds for annulment, explaining rights, and providing strategic advice to determine the most effective approach for the case.
Petition Preparation and Filing
We then draft the annulment petition, gather supporting documents, and file it with the appropriate Regional Trial Court (RTC), while ensuring compliance with all procedural and legal requirements.
Court Representation
We represent the client in court, present evidence, examine witnesses, and advocate for the interest throughout the hearings to safeguard the rights.
Coordination of Evidence and Expert Reports
We organize necessary documents, corroborating witnesses, and expert evaluations, including psychological assessments, to strengthen the case and ensure admissibility in court.
Post-Decree Compliance
Once the annulment is granted by the court, we also assist in registering the Annulment Decree with the Local Civil Registrar and the Philippine Statistics Authority (PSA), while advising on related matters such as custody, support, and property issues.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Annulment of Marriage FAQs
For your reference and guidance, here are some frequently asked questions about annulment in the Philippines:
Annulment involves voidable marriages, which are valid until annulled. Declaration of nullity, on the other hand, applies to marriages that are void ab initio (from the beginning) and legally deemed never to have existed.
Annulment dissolves the marriage bond and allows remarriage after compliance with legal requirements, whereas legal separation does not terminate the marriage and prohibits remarriage.
Yes, but only after the Annulment Decree is final and registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA).
A petition for annulment may be filed by the spouse whose consent was vitiated or whose legal capacity was impaired, subject to prescriptive periods under the Family Code.
Petitions for annulment are filed with the Regional Trial Court (RTC) Family Court that has jurisdiction over the petitioner’s or respondent’s residence.
Yes. The petitioner and witnesses are generally required to testify in court, subject to procedural rules and judicial discretion.
The duration of an annulment case varies depending on factors such as court workload, case complexity, and availability of witnesses. In general, annulment proceedings may take six (6) months to four (4) years, or longer in certain cases.
The cost of filing for annulment in the Philippines generally ranges from PHP 500,000 to PHP 1,000,000 or more, depending on the complexity of the case. This estimate typically covers professional legal fees, court and filing fees, psychological or expert evaluations (if applicable), document processing, travel expenses, and other administrative costs.
Annulment involves complex legal and procedural requirements. Engaging a family lawyer ensures proper case evaluation, compliance with legal standards, and effective court representation.
