Annulment in the Philippines
In the Philippines, Divorce is not an option for couples who want to legally end their marriage, and considerably the closest thing to it would be Annulment and Legal Separation.
One thing you should know is that the process for Annulment is usually laborious, expensive, and time-consuming in this country. You get a lawyer – a good one at that. You file for a petition for legal separation. You show up in court, and convince the judge and the people in the courtroom why you think you cannot make the marriage work out. It is a tedious task which is why some people opt for just living together with their partner, rather than getting married in a church or by a judge. But if you are in a situation where Annulment is your final option, here are some things you need to remember.
1. Six (6) legal grounds for Annulment (See Family Code Art. 45)
• Lack of parental consent (if either legal party is at least 18 but below 21)
• Psychological incapacity
• Fraud
• Consent for marriage obtained by force, intimidation, or under the influence
• Impotence or physical incapability of consummating the marriage
• Serious sexually transmitted disease
• Among the grounds listed above, the most commonly used reason is Psychological Incapacity.
2. The Fees
• Filing Fee: P10,000 or less – This is the first thing that you have to do: file for a Petition for Annulment of Marriage before the Executive Clerk of the Court RTC or Regional Trial Court of the city or province you have lived in for at least 6 months. Filing fees may be cheaper if you don’t have too much conjugal property to negotiate for.
• Acceptance Fee: 100,000 Php or more. Basically, this is for your lawyer or the firm your lawyer is under. It’s a fee for them accepting your case in the first place.
• Pleading Fee: May range from 5,000 Php to P10,000 Php each. Pleadings are the documents you need to submit in court such as petitions and affidavits.
• Appearance Fee: May range from 5,000 Php to 10,000 Php each. This is used when your lawyer actually goes to court for a scheduled hearing.
• If your ground is Psychological Incapacity, you will need a psychological report and your doctor’s appearance on court for proof that you are indeed psychologically incapacitated.
However, the fees don’t end here – there are still other things which are needed to be paid for, like records, notarization, publication, and such. A budget may range from 165,000 Php – 200,000 Php or more, with the psychological report included.
3. The Wait
The waiting of the result of your petition usually varies for each city. It may take 2 years in Caloocan, Makati, Pasay, and Pasig and about 3 – 5 years in Quezon City. But, these numbers are just rough estimates because the longer the case goes on, the more expensive it gets.
The law is complicated to those who don’t fully understand the judicial system but it doesn’t hurt to get a little help or advice from your lawyers. Most of them suggest a compromise between both parties regarding the custody of children if they have and conjugal or joint properties to ensure a much smoother and shorter procedure, plus it gets a higher chance for approval for the Nullity of Marriage.
Here are some Annulment lawyer experts you can inquire at:
Montano Flamiano & Associates Law Offices
Unit 1704 Cityland Pasong Tamo Tower, 2210 Don Joaquin “Chino” Roces Avenue, Makati City, Philippines
Telefax: (632) 840-5275 / 0999-889-3868
Website: http://www.mflawyers.com
Guzman, Tañedo & Acain Law
316 Mile Long Building Amorsolo Street, Legaspi Village, Makati City, Philippines
Telephone: (632) 8941441
TeleFax: (632) 8124296
e-mail: gtalaw@gtalawphil.com
Jeanie S. Pulido Law Office
G-07 Antel Seaview Tower A, 2626 Roxas Boulevard, Pasay City, Philippines
Telephone: (623) 5517673
TeleFax: (632) 8214106
Source: imoney.ph
