Aside from the Vatican, the Philippines is the only country that does not have divorce laws. But fret not! The Philippine laws, particularly the Family Code of the Philippines, still provide legal remedies for those spouses trapped in loveless and abusive marriages.
This article’s main topic concerns filing your Petition for Declaration of Nullity of Marriage. Do you want to know more about the other types of separation? Read: 3 Types of Separation: Everything You Need to Know
If you think your marriage falls under any of the grounds for void marriages, here are the steps that you need to take to start the process of having your marriage declared annulled:
Step 1: Seek Legal Advice
The initial step in filing for a Petition for Declaration of Nullity of Marriage in the Philippines is to consult a family law lawyer. Your lawyer is the one who will review your situation, as well as assess and determine whether your case meets the legal grounds for nullity. Your lawyer will also guide you throughout the whole process of getting your marriage declared null and void. Take note that full disclosure of all relevant details is essential because this will allow your lawyer to assess the strength of your case based on the applicable legal grounds.
Step 2: Prepare the documents that you need to prepare for the filing of the Petition
While your lawyer will prepare the Petition, which contains the facts supporting your claims, the legal ground of your nullity, and the relief you sought, as the Petitioner, you must gather the necessary documents. Collating these documents is a crucial step in filing for the Declaration of Nullity of Marriage, as these documents will serve as your evidence to support your case. These documents are, but not limited to:
- Marriage Certificate (PSA-Certified Copy) of the Spouses;
- Birth Certificates (PSA-Certified copies) of children of the Spouses, if applicable;
- Proof of Residency such as, but not limited to, utility bills in the name of the petition for at least six (6) months before the filing of the petition, Government-issued I.D. or Company I.D. bearing the photograph and address of the petitioner and issued at least six (6) months before the filing of the petition, notarized lease contract, receipts of rental payments, and transfer certificate of title or tax declaration in the name of the petitioner where he/she resides; and
- Other supporting documents such as affidavits from witnesses. psychological evaluation reports, or proof of circumstances supporting the nullity claim.
Step 3: Drafting and Filing of the Petition
The Petition must be filed with the Regional Trial Court that has jurisdiction over the residence of either you or your spouse. For your petition to be considered as filed, you must pay the docket fee. Once the docket fee has been paid, the Office of Executive Clerk of Court will then raffle and assign your case to the Family Court of the Regional Trial Court.
Step 4: Court Proceedings (Important Hearings wherein the Petitioner is required to appear)
The Clerk of Court of the Regional Trial Court assigned to the case will then issue a Summons to your spouse, together with the Petition. Once the Summons has been served to your spouse, the Court has now acquired jurisdiction over you and them. This means that the Court will now hear the presentation of evidence of both parties. Take note that the following hearings require your appearance, such as, but not limited to:
- Collusion Hearing before the Public Prosecutor,
- Pre-Trial Conference,
- Presentation of Petitioner as Witness, and
- Other scheduled hearings wherein the Court requires your presence.
Step 5: Decision and Decree of Declaration of Absolute Nullity of Marriage (Annulment)
After trial, the Court may grant or deny the Petition. If the Court grants the Petition, and no appeal has been made, the Court will issue an Entry of Judgment. Both parties may appeal the decision of the Court, depending on the judgment.
Once an Entry of Judgment has been issued, you may now start the process of having it recorded: first in the Civil Registry where the Family Court is located, and second, in the Civil Registry where the marriage is recorded. After this, a Decree of Declaration of Absolute Nullity of Marriage will be issued by the Court.
Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer.
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ABOUT THE AUTHOR:
Atty. Alia Jacinta Coleen A. Del Rosario obtained her Juris Doctor degree from the Arellano University School of Law, and holds a Bachelor’s Degree in Business Administration with a Major in Marketing Management.
With a background as a Paralegal, she has built her expertise in the legal field by taking on a broad range of responsibilities. She has represented clients in small claims cases, participated in Single Entry Approach (SENA) hearings for labor disputes, and provided assistance in various other legal matters.