Annulment

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Annulment

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Annulment is the only way to end a marriage between two Filipinos. It is the cheapest and fastest option available at the moment, though it can still be emotionally and financially demanding. Consulting a family lawyer early can help determine if you have valid grounds and can guide you through each step.

WHY DO YOU NEED ANNULMENT?

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IMMIGRATION TO NEW COUNTRY

Foreign countries require Filipinos to be legally single before granting a visa for immigration abroad.

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REMARRIAGE IN THE PHILIPPINES

To remarry in the Philippines, the first marriage must first be legally ended. Otherwise, any new marriage won't be valid.

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END CONJUGAL PROPERTY REGIME

A spouse generally owns half of the marital property, and a successful annulment ends these rights.

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REMOVE SPOUSE AS COMPULSORY HEIR

An annulment is the cheapest way to remove a legal spouse as a compulsory heir ensuring they no longer inherit.

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WHAT ARE THE REQUIREMENTS?

Evidence as per grounds
3 Witnesses if Pschological Incapacity
Psychological test

ATTY BRITANICO ON ANNULMENT AND PSYCHOLOGICAL INCAPACITY
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ANNULMENT

IN STEPS

Contact us
Contact us
Contact us to explain your situation
ASSESSMENT
ASSESSMENT
We'll do an initial assessment
EVIDENCE
EVIDENCE
Psychological test & witness testimonies
CASE FILED
CASE FILED
We file the case at the RTC
TRIAL
TRIAL
We'll present the evidence
DECISION
DECISION
We formally begin the case

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FREQUENTLY ASKED QUESTIONS

Annulment in the Philippines is the only case that ends a marriage between 2 Filipinos, ends the conjugal property regime and removes the spouse as a compulsory heir. It is different from divorce, which is not recognized in the Philippines. 

 

The case people commonly refer to when they discuss Annulment uses Psychological Incapacity from Article 36 of the Family Code of the Philippines. However, the grounds of bigamy, lack of formal requisites of marriage, and of being underage can also be used as grounds to end a marriage.

 

The process for filing an annulment typically involves first consulting with a lawyer to assess the case and the possible grounds for annulment and then gathering the psychological test results and witness testimonies. Then, the case is filed in the appropriate Regional Trial Court (RTC) and the collusion hearing completed. There is then the pre-trial and trial stages prior to decision.

 

The annulment process can take anywhere from a three years or more from filing to decision, depending on
factors such as the complexity of the case, the grounds for annulment, the workload of the court, and the cooperation of both parties.

 

The costs for annulment in the Philippines can vary greatly depending on factors such as attorney fees, court fees, and other expenses related to the case. The total cost can range from a few hundred thousand pesos to much more.

 

Yes, you will need a lawyer for an annulment in the Philippines because this is a court case with a trial and hearing.

 

Yes, after your marriage is annulled and the Certificate of Finality has been issued and registered at the LCR, you are free to remarry under Philippine law, provided that you meet all other requirements for marriage.

Yes, you can file for annulment even if your spouse does not agree. However, the process may
become more complicated, expensive and lengthy if the respondent (your spouse) contests the annulment. It can also lead to the Annulment being denied.

 

Annulment can affect the division of properties and custody of children. The court will typically order a division of properties between the spouses based on the applicable property regime. Custody and support of the children will be determined by the court in the best interest of the children. However, this makes the case riskier and more expensive so it is best to remove these issues from the Annulment case itself.

 

Yes, you can file for annulment even if you and your spouse are not in the Philippines. The court requires only that you prove that you and your spouse lived as husband and wife in the Philippines and that documents showing that fact are presented.