Understanding the process of annulment or declaration of absolute nullity of marriage can be complex. This guide is designed to answer some common questions about these processes in the Philippines.
Is a Petition for Declaration of Nullity of Marriage the same as a Petition for Annulment of Marriage?
No, these are distinct legal processes. The grounds for a Petition for Declaration of Nullity of Marriage are based on Articles 35, 36, 37, 38, 41, 53 of the Philippine Family Code. The grounds for a Petition for Annulment of Marriage, however, are found in Article 45, in relation to Article 46 of the same code. Trust your lawyer to guide you through the process, presenting relevant information and helping to determine the best course of action.
How Long Does the Annulment or Nullity Process Take in the Philippines?
The timeline can vary significantly, from less than a year to several years, depending on various factors such as court backlog, holidays, and unexpected delays. Beware of false promises of rapid results. You and your lawyer should stay vigilant and proactive in ensuring the process moves forward by attending hearings and submitting necessary pleadings promptly.
Do You Need Your Spouse’s Consent for an Annulment or Nullity?
No. The consent or signature of the other spouse is not required, and collusion between parties is prohibited. If the other spouse chooses not to attend the hearing, their right to present evidence will be waived and the court will only consider the evidence you presented.
Is a Non-Appearance Annulment Legal?
There are circumstances where the petitioner must appear in person, such as during psychological evaluations, investigations to determine collusion, pre-trial, and during open court testimonies.
What Are the Costs for Annulment Proceedings in the Philippines?
Annulment costs can vary widely, typically starting between Php 100,000.00 to Php 500,000.00. An all-inclusive package price is often preferred, allowing clients to know in advance the total cost. Payment options can often be negotiated with your lawyer.”