Part I:Frequently Asked Questions on Annulment Law

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.

How long does it take before the marriage be declared null and void or annulled as the case may be?

The entire process could take less than a year or more. Do not believe in false promises that they can finish annulment exactly within 3 to 6 months. There are so many factors to consider such as but not limited to the bulk of cases in court where your case will be raffled, holidays or any fortuitous event which may delay the proceedings. You and Your lawyer must be vigilant in making sure that the proceedings go smoothly by attending the hearings and submitting the necessary pleadings as required by the Rules.

Do you need the consent or signature of your husband /wife in order for the case to be granted?

No. The signature / or consent of the other party is not required. In fact, collusion between parties are prohibited. If the other party will not attend the hearing, his/her right to present evidence on his/her behalf will be waived and the court will consider only those pieces evidence which you presented.

Is the so called non-appearance annulment legal?

No personal appearance is required by law. The petitioner must be present during the following instances:

1. During psychological examination to determine whether the other party or both of the parties are psychologically incapacitated if the ground is based on Article 36 of the Family Code.

2. During Investigation of public prosecutor to determine whether there is collusion between the parties .

3. During Pre trial.

4. During trial, when the petitioner is going to testify in open court

What is the cost of annulment proceedings? Parties are looking for fast and cheap and less expensive annulment, is this possible?

 The cost depends on the circumstances of each case. The usual acceptance fee for annulment starts at Php 100,000.00 to Php 500,000.00 but clients prefer the all-in package price which is a flat fee. Clients are better off knowing in advance how much they will pay and being informed of the total cost beforehand. They can also choose to pay the fee outright upon signing the engagement proposal or negotiate for an easy payment terms.

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