Marriage is a special contract of permanent union between a man and a woman, founded on mutual love, commitment, and the intention to build a shared life together. It serves as a process to formalize two people’s bond and is meant to be a lasting and sacred union. However, there are instances when what seems to be a magical dream turns out to be someone else’s nightmare.
In certain situations, a marriage may be deemed invalid from the very beginning due to various reasons. A declaration of nullity of marriage isn’t about ending a marriage but affirming that a true marital bond never existed despite the outward appearance of one.
In this blog, we’ll explore the grounds for a declaration of nullity of marriage, the requirements, costs and filing process, and its difference from annulment.
What is the Nullity of Marriage?
Nullity of marriage is the legal process where a marriage is declared null and void by court, meaning that the marriage is considered invalid from the beginning as if it never legally existed.
What are the Legal Grounds of Nullity of Marriage?
According to Article 35 of the Family Code of the Philippines, the marriage is considered void ab initio or void from the beginning because of any of the following reasons:
A marriage where both or one of the parties are below eighteen (18) years old, even with the consent of their parents or legal guardian.
A marriage performed by an individual who is not legally authorized to solemnize marriages, even if one or both parties believe that their solemnizing officer has the legal authority to do so.
A marriage performed without a proper marriage license, except in cases where a marriage license is not required by law.
A marriage where one of the parties is already married to someone else (bigamous marriage). Note that the Supreme Court ruled that only the aggrieved party who unknowingly entered a bigamous marriage can ask the court to nullify the marriage.
A marriage where one party was mistaken about the identity of the person they were marrying.
Additionally, under Article 37 of the said Code, incestuous marriages are considered void from the beginning. This is marriages between ascendants and descendants of any degree, and between brothers and sisters, whether full or half blood.
Who Can File for Nullity of Marriage?
A petition for nullity of marriage can be filed by either the husband and the wife, pursuant to Section 2 of A.M. No. 02-11-10. However, for bigamous marriage, the first legal spouse is a proper party to file the petition for nullity of the second marriage of his/her spouse. The second spouse (who entered the bigamous marriage in good faith) also has the standing to file for the nullity of the bigamous marriage.
What are the Requirements for Nullity of Marriage?
The following documents are required to be submitted when filing a petition for declaration of nullity of marriage:
Authenticated copy of marriage certificate
PSA Birth Certificate of child/children (if applicable)
Barangay Certificate and Community Tax Certificate evidencing residence over the last six (6) months of the province or city where the petition is filed
Copy of marriage settlement or pre-nuptial agreement, if applicable
Copy of agreement regarding child support or custody, if applicable
Inventory of properties
List of witnesses
Other necessary documents
Please note that there are several requirements that may depend on whether the parties are residing abroad or not.
How to File a Petition for Nullity of Marriage?
To file for declaration of nullity of marriage, you must follow this procedure:
Consult with a Lawyer. Seek legal advice from a lawyer to be guided all throughout the process. A lawyer can determine if nullity is the right remedy for your situation and identify the grounds for your case. A lawyer can also represent you in court and ensure that your rights are protected.
File a Petition. The petition is filed directly with the Family Court (a designated branch of the Regional Trial Court) having jurisdiction over the case, based on the residency requirements.
Summons. Once the case has been filed, the court will issue summons. The respondent has fifteen (15) days to an answer. In some cases, the respondent’s lawyer may request a fifteen (15) days extension to file his/her client’s answer or any pleading.
Notice to the OSG. Within five (5) days of filing, you must submit copies of the petition to the Office of the Solicitor General (OSG) and the assigned public prosecutor.
Collusion Hearing. The assigned public prosecutor investigates if there is collusion between you and the other party or if evidence was fabricated or suppressed. The prosecutor has twenty (20) days to investigate and ten (10) days to submit a report. The OSG, through the public prosecutor, will intervene on behalf of the State to ensure no collusion exists.
Preliminary Hearing. You and the other party must attend the preliminary hearing, and a pre-trial order will be issued. The hearing usually occurs two (2) to four (4) months after filing the petition.
Trial. In a trial, you will present evidence, including two (2) to three (3) witnesses, depending on the grounds of your case.
Decision. The court will issue an order that the case is submitted for resolution. The decision may be released thirty (30) to ninety (90) days after.
How Much Does the Nullity of Marriage Cost?
The primary expenses involved in having a marriage declared void ab initio (void from the beginning) include:
Filing Fees – this may vary depending on whether properties are involved
Legal Fees – this may vary depending on your attorney and may include acceptance, pleading, and appearance fees
Other Fees – this includes other documentary requirements, psychological evaluations (if psychological incapacity is alleged), and miscellaneous expenses
How Long Does It Take to Process the Nullity of Marriage?
In the Philippines, declaration of nullity of marriage process may take one (1) to two (2) years or even longer depending on the complexity of your case, court’s schedule, availability of witnesses, documentary evidence, among other things.
What Will Happen to Child/Children Under the Nullity of Marriage?
For marriages declared null and void under Article 35 (e.g., lack of essential requisites like age or license, bigamous, incestuous) or Article 37 of the Family Code, children conceived or born of such marriages are generally considered illegitimate.
However, children conceived or born before the judgment of annulment or absolute nullity of voidable marriages, or marriages void under Article 36 (psychological incapacity) of the Family Code, are considered legitimate (Article 54, Family Code).
The custody of children from a void marriage will be governed by written agreement between the parents or a court order, always prioritizing the best interest of the child. The following articles of the Family Code of the Philippines outline the exercise of parental authority, which the court considers for custody:
Article 212: In case of absence or death of either parent, the parent present must continue exercising parental authority. The remarriage of the surviving parent should not affect the parental authority over the child/children, unless the court appoints another person to be their guardian.
Article 213: In case of separation of the child’s parents, parental authority must be exercised by the parent designated by the Court. The Court should take into account all relevant considerations, especially the choice of the child over seven (7) years of age, unless the parent chosen is unfit.
Article 214: In case of death, absence or unsuitability of both parents, substitute parental authority should be exercised by the surviving grandparent. In case several survive, the one designated by the Court, taking into account the same consideration mentioned in the preceding article, should exercise the authority.
Additionally, under Article 195 of the Family Code, both parents must provide child support for their legitimate or illegitimate child/children. The amount of financial support is based on the financial capacity of the parent and the essential needs of the child, pursuant to Article 201 of the same Code.
What Will Happen to Properties Under the Nullity of Marriage?
The property regime for a marriage declared null and void depends on the specific ground for nullity:
For marriages that are void ab initio because the parties are not capacitated to marry each other (e.g., bigamous marriages, incestuous marriages, or those void for public policy reasons under Article 35), the property relations are governed by Article 148 of the Family Code. Under this article, only properties acquired by both parties through their actual joint contribution of money, property, or industry should be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption should apply to joint deposits of money and evidence of credit.
For marriages that are void due to psychological incapacity (Article 36 of the Family Code), where the parties are capacitated to marry each other, the property regime is governed by the rules on co-ownership under Article 147 of the Family Code (in relation to Article 43, paragraph 2). This means that wages and salaries earned by either spouse during the union are owned in equal shares, and property acquired by both through their work or industry shall be governed by the rules on co-ownership.
Can You Remarry After the Declaration of Nullity of Marriage?
Yes, both parties are free to remarry once the decision declaring the marriage null and void becomes final and executory, and it has been registered in the Civil Registry. Since the marriage is considered to have never legally existed, there is no prior marriage to dissolve. However, remarriage is only valid if there is a court order that declares the marriage as null and void, and this declaration has been properly recorded. Remarrying without court’s declaration and proper registration could result in subsequent marriage void and exposes the parties to bigamy charges.
What is the Difference of Legal Separation, Annulment, and Nullity of Marriage?
While all three concern marital relationships, legal separation, annulment, and declaration of nullity of marriage have distinct grounds and legal implications in the Philippines.
Grounds for Legal Separation
Legal separation allows married couples to live separately and legally puts an end to their common life, but does not dissolve the marriage bond. The parties remain married and cannot remarry. The following are the legal grounds for legal separation, pursuant to Article 55 of the Family Code:
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
Final judgment sentencing the respondent to imprisonment of more than six (6) years, even if pardoned;
Drug addiction or habitual alcoholism of the respondent;
Lesbianism or homosexuality of the respondent;
Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
Sexual infidelity or perversion;
Attempt by the respondent against the life of the petitioner; or
Abandonment of petitioner by respondent without justifiable cause for more than a year.
Grounds for Annulment
Annulment declares a marriage voidable until annulled by the court. Once annulled, it is as if the marriage never happened from the beginning. The following are the legal grounds for annulment, pursuant to Article 45 of the Family Code:
The party in whose behalf it is sought to have the marriage annulled was eighteen (18) years of age or over but below twenty-one (21) years of age, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one (21), such party freely cohabited with the other and both lived together as husband and wife;
Either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
Consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
Consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
Either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
Either party was afflicted with a Sexually-Transmitted Disease (STD) found to be serious and appears to be incurable.
Grounds for Nullity of Marriage (Declaration of Absolute Nullity of Void Marriage)
Declaration of nullity of marriage declares that the marriage was void from the very beginning (ab initio) as if it never existed legally. No valid marriage bond was ever formed.
These are the grounds mentioned previously under Article 35 and Article 37 of the Family Code (e.g., parties below 18, lack of authority of solemnizing officer, no marriage license, bigamous marriage, mistake as to identity, incestuous marriages).
Need further information and assistance regarding the Declaration of Nullity of Marriage? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines 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.
