Do you want to annul/nullify your marriage?
In order to guide you in the whole process of annulment or nullity of marriage, please read the following:
Is petition for declaration of Nullity Marriage the same as Petition for Annulment of Marriage?
No. The grounds for Petition for Declaration of Nullity of Marriage are that of Articles 35, 36, 37, 38, 41, 53 of the Family Code of the Philippines while the grounds for Petition for Annulment of Marriage are that of Article 45 correlated with Article 46 of the Family Code of the Philippines.
The lawyer will study your case based on the statement of facts disclosed upon him/her. Tell the truth and trust your lawyer. It will be the job of your lawyer to defend you and it is his/her job to arrange information revealed upon him/her and decide which information to state in your petition and which one to omit if the same is not necessary.
A. Drafting and filing in court of the petition.
It can be filed, at the choice of the petitioner, in the Court, which has territorial jurisdiction over the petitioner’s or the respondent’s residence, six months before to the date of filing. If the respondent is a non-resident, the petition can be filed in the place where can he be found.
B. Issuance of Summons.
In other words, this is the service of summon to the respondent. It is the process on which the court can be able to obtain jurisdiction over the respondent. In case the respondent cannot be found at the stated address and cannot be verified by diligent inquiry, summons may be done by publication. This is really important considering that the court may not legally proceed and render a valid decision in the absence of a valid service of summons.
C. Answer of the Respondent.
15 days from service of summons or within 30 days from the last issue of publication in case of service of summons by publication, the Respondent has the right to file an answer. In case an answer is not filed by the respondent he shall not be declared in default, but the government prosecutor is obliged to investigate if there is collusion between the parties.
Annulment of Marriage in the Philippines is the designation given by the common people to all court proceedings concerning dissolution of marriage. Nevertheless, the truth is annulment proceedings are only those cases within the purview of Article 45 of the Family Code of the Philippines. The other proceeding is the declaration of absolute nullity of marriage or just nullity of marriage in short, which is within Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of our Family Code.
Marriages can be vulnerable to annulment proceeding under article 45 of Family Code of the Philippines. The following are grounds for annulment:
1. Both parties were eighteen (18) years of age but under twenty-one (21), also the marriage was celebrated lacking of the consent from parents, guardian or any person with substitute parental authority over the party. The annulment can only be filed in no more than five (5) years upon reaching the age of twenty-one. However, the parties are not permitted to file the annulment if they have voluntarily lived as husband and wife upon reaching the age of twenty-one. Parties parent/s or guardian be entitled also to file the Petition before they reach the age of twenty-one.
It is a judicial process under Family Code of the Philippines which purpose is to declare a marriage null and void. It assumes the marriage was null and void from the inception. In the eyes of law, the marriage is not existing. However, there are so countless queries about this matter like, Is it necessary to file the nullity of marriage if such marriage did not even exist from the start? The answer is, although the marriage was void since inception, the law still compels us to secure a declaration of absolute nullity of your marriage through filing a case in court.