Our assistance with the Declaration of Nullity of Marriage guides you through the specialized legal proceedings in the Philippines. We provide expert counsel, protect your individual rights, and work toward a judicial declaration that restores your single status by proving the marriage was void from the beginning.
What You Should Know About Nullity of Marriage in the Philippines
Under the Family Code of the Philippines (E.O. 209), a Declaration of Absolute Nullity applies to marriages that are void ab initio (void from the start). Unlike annulment, which deals with “voidable” marriages that were once valid, a petition for nullity seeks a court ruling that the marriage never legally existed.
Grounds for Declaration of Nullity of Marriage
The Family Code provides several grounds for declaring a marriage absolute null and void:
Age and Consent. Marriages are void if either party is under 18, even with parental consent.
Authority Issues. Marriages performed by someone not legally authorized to solemnize them are void, unless the parties believed in good faith that the officiant had authority.
Marriage License. Marriages without a proper marriage license are void, except for cases allowed under the law.
Bigamy or Polygamy. Marriages are void if either party is already married, unless covered by other legal provisions.
Mistaken Identity. Marriages are void if one party married the other under a mistake regarding the other person’s identity.
Subsequent Invalid Marriages. Any marriage that is void under other specific provisions of the law is automatically void.
Psychological Incapacity. Marriages are void if a party is psychologically incapable of fulfilling essential marital obligations, even if this incapacity appears after marriage.
Incestuous Marriages. Marriages are void between ascendants and descendants, or between full or half siblings.
Public Policy Violations. Marriages are void between certain relatives (collateral relatives up to the fourth degree, step-parents and step-children, parents-in-law and children-in-law, and various adoption relationships) and in cases where one party killed a spouse to marry the other.
General Documentary Requirements
To file a petition for declaration of nullity of marriage, you generally need an authenticated marriage certificate, children’s PSA birth certificates (if any), proof of residence (Barangay and Community Tax Certificates), copies of marriage settlements or agreements on child support/custody (if applicable), an inventory of properties, a list of witnesses, and any other relevant documents. Additional requirements may apply if the parties live abroad.
Petition for Nullity of Marriage Procedure (Overview)
Begin by consulting a lawyer to determine if nullity is appropriate and identify the grounds. File the petition at the Family Court with proper jurisdiction, and the court will issue summons to the respondent. Copies must be submitted to the Office of the Solicitor General, and a collusion hearing will ensure no fraud or collusion exists. Attend the preliminary hearing to receive a pre-trial order, then proceed to trial to present evidence and witnesses. The court will issue a decision, usually within 30 to 90 days after submission.
What Duran & Duran-Schulze Law Does
As a premier family law firm in the Philippines, Duran & Duran-Schulze Law provides expert representation for individuals seeking a declaration of nullity of marriage. We specialize in establishing the necessary legal grounds, including psychological incapacity, and ensure that every procedural step—from petition filing and collusion hearings to trial and final decision—is handled with meticulous attention and legal precision.
Our Nullity of Marriage Assistance and Related Legal Services
We provide a full-service approach to helping you legally end a void marriage. Our goal is to guide you through every step of the process with clarity and confidence.
Legal Consultation and Ground Assessment
We assess your situation to determine whether your case falls under Nullity (void) or Annulment (voidable). This ensures that the correct legal path is pursued from the start.
Petition Development
We draft thorough petitions and carefully compile all necessary documentary evidence. Our approach is designed to meet the Court’s high standards and strengthen your case.
Psychological Expert Coordination
We collaborate with reputable clinical psychologists to provide expert testimony, which is often critical in Nullity cases. Their evaluations help establish the required legal grounds effectively.
Comprehensive Court Advocacy
We represent you in all court proceedings, presenting witnesses and evidence to demonstrate the marriage’s invalidity. Our team ensures that your case is argued with precision and professionalism.
Post-Decree Registration
We assist in registering the court’s decision to ensure your civil status records at the PSA are updated accurately. This final step secures the legal recognition of the marriage’s nullity.
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
Declaration of Nullity of Marriage FAQs
For your reference and guidance, here are some frequently asked questions about nullity of marriage in the Philippines:
Nullity is for marriages that were void from the start (never existed). Annulment is for “voidable” marriages that are valid until set aside by a court due to specific defects like fraud or lack of consent.
Either spouse can file a petition for nullity of marriage. In cases of bigamy, the first legal spouse or the second spouse who entered in good faith may also file for nullity.
Generally, an action for the declaration of absolute nullity of a void marriage does not prescribe, meaning it can be filed at any time.
Yes. Once the Decree of Absolute Nullity is issued and registered with the proper authorities, you are legally considered “single” and free to remarry.
The process may take 1 to 2 years or longer, depending on factors such as case complexity, court schedules, availability of witnesses, and documentary evidence.
The court will also address the liquidation of the property union, as well as the custody and support of any children, usually governed by the rules on “Void Marriages” under the Family Code.
The main expenses include filing fees, which may vary if properties are involved; legal fees, which depend on your attorney and may cover pleadings, appearances, and other services; and other fees, such as documentary requirements, psychological evaluations (if alleging psychological incapacity), and miscellaneous costs.
