Annulment & Family Law
Compassionate legal guidance for life’s most important family matterss. We help you understand your rights, explore your options, and pursue the best path forward for you and your loved ones.
PRACTICE OVERVIEW
ANNULMENT & DECLARATION OF NULLITY
Annulment
The annulment of a voidable marriage may be sought on specific grounds provided under the Family Code of the Philippines.
Declaration of Nullity of Marriage
A declaration of nullity concerns a marriage that is void from the beginning under grounds recognized by law. One such ground is psychological incapacity under Article 36 of the Family Code.
Grounds May Include:
For Annulment of Voidable Marriages:
Lack of required parental consent in cases covered by Article 45
Unsoundness of mind
Fraud
Force, intimidation, or undue influence
Physical incapacity to consummate the marriage
Serious and incurable sexually transmissible disease
For Declaration of Nullity of Marriage:
Psychological incapacity under Article 36
Bigamous or polygamous marriage, subject to applicable law
Marriage solemnized without a valid marriage license, except in cases where no license is required
Other grounds rendering a marriage void from the beginning under the Family Code
OTHER FAMILY LAW MATTERS
Legal Separation
A court decree that allows spouses to live separately while maintaining the marriage.
Child Custody & Support
We help protect the best interests of the child regarding custody, visitation, and support.
Property Relations
Issues on conjugal partnership, property regime, and settlement of assets.
Paternity and Filiation
Establishing legal fatherhood and related rights and obligations.
Adoption
Assistance in the legal adoption of legitimate and illegitimate children.
Other Family-Related Proceedings
Recognition of foreign judgments, change of name, legitimation, domestic violence cases, and other related matters.
HOW CAN WE HELP
FREQUENTLY ASKED QUESTIONS
1. What is the difference between annulment and declaration of nullity of marriage?
Answer:
Annulment applies to a voidable marriage that remains valid unless and until it is annulled by a court. A declaration of nullity applies to a marriage that is void from the beginning under grounds recognized by law. Psychological incapacity under Article 36, for example, is a ground for declaring a marriage void, not for annulment.
2. What happens to the children if a marriage is annulled or declared void?
The rights and welfare of the children remain protected. Matters such as custody, support, and visitation may be addressed in accordance with applicable law and the best interests of the child. The Family Code also provides that children conceived or born before a judgment of annulment or absolute nullity becomes final and executory are considered legitimate in the circumstances specified by law.
3. How long does an annulment or declaration of nullity case take?
There is no single fixed period for every case. The duration depends on the circumstances of the case, the issues involved, the evidence presented, court proceedings, and other factors. An estimated timeframe can only be discussed after the specific circumstances of the case have been evaluated.
4. Can I file an annulment or declaration of nullity case if my spouse does not agree?
Yes, a spouse’s disagreement or lack of objection does not by itself prevent a proper petition from being filed or decided. However, the petitioner must still establish the applicable legal ground with sufficient evidence. The Supreme Court has clarified that the spouses’ mutual desire to end the marriage, by itself, does not constitute collusion.
5. When can I remarry after an annulment or declaration of nullity?
A person may remarry only after the judgment has become final and executory and the requirements imposed by law have been complied with. The judgment of annulment or absolute nullity, together with the required partition and distribution of property and delivery of the children’s presumptive legitimes, must be recorded in the appropriate civil registries and registries of property. The Family Code provides that either former spouse may marry again only after compliance with these requirements.
6. Can a foreign divorce affect my Philippine marriage?
A foreign divorce may affect a Philippine marriage in certain circumstances. Under Article 26(2) of the Family Code, a Filipino spouse may seek judicial recognition of a divorce validly obtained abroad that gives the foreign spouse the capacity to remarry. The divorce may be obtained through a judicial, administrative, or other process recognized as valid under the applicable foreign law. The Filipino spouse must establish the validity of the foreign divorce and prove the applicable law of the country or state where the divorce was granted.
