Note: Provision of this general information does not establish a lawyer-client relationship between us.
What is the estimated cost and expense for filing this petition?
The total estimated cost for a case filed in Cebu City and that case is uncontested is around P150,000 to P200,000. Cost will vary depending on the circumstances of the case, delays, if there are properties, other factors like the court, the judge, prosecutor, etc.
How long does it take for the proceedings to be completed?
Based on the cases we have handled in Cebu City, if it is an uncontested case (meaning the other party will not oppose your petition for nullity of marriage) it will take an average of two years to two years and a half for a case to be finished.
This is because the caseload of the courts, the availability of the prosecutor, judge, and court personnel, as well as the availability of the petitioner and the psychologist, have to be considered.
The lifting of health quarantine measures because of the pandemic may further lessen the time needed.
What do I need to do so I can file a petition for nullity of marriage?
Secure the services of a lawyer so that she can interview you and prepare your petition. Provide a brief background of yourself so that the lawyer can prepare a proposal for you. Please fill in this Initial Client’s Information Form: https://docs.google.com/forms/d/1G-00ACIrnzwunzQ4DysY6culJM3x4TUBmsQvdcON7PY/edit and email it to Atty. Fionah Bojos at fionahbojos@gmail.com
Where do I file the petition?
The petition is filed where you or your spouse are residents for at least six months.
Can I file a petition for nullity of marriage even while I am abroad?
Because current rules require that your affidavit be attached to your petition, you will have to come to the Philippines to file it. The verification attached to your petition can be notarized before the nearest Philippine Embassy or Consulate in the country where you are residing or working but the judicial affidavit has to be notarized here, unless the embassy or consulate agrees to notarize it.
Can I file the petition for nullity of marriage without the signature/consent of the other spouse?
Yes, you do not need to get the consent or the signature of the other party. This is not a divorce proceeding where parties can both sign and file for a no-contest divorce. The Philippines is the only country in the world that does not allow divorce. Divorce bills are still pending in both houses of Congress.
As a rule, parties are not allowed to come to an agreement about the filing of the petition. That is why the Office of the Solicitor General, through the prosecutor (fiscal), conducts an investigation for collusion, in order to determine whether or not the parties have colluded with each other in filing the petition or are involved in fabricating evidence.
How many times do I need to be personally present at the proceedings?
You will need to personally appear at least three times.
The first will be before the city or provincial prosecutor during the investigation for collusion between the parties. As of now, this can be done through video conferencing, usually through Facebook messenger.
The second will be during the pre-trial stage. If you have executed a special power of attorney in favor of your lawyer authorizing him/her to appear in your behalf for the pre-trial, then you need not attend the pre-trial stage. This is usually allowed if the petitioner is working abroad.
The third time is when you will be presented before the court to give your testimony about your marriage and your relations with your spouse.
Can I attend the hearing through videoconference?
In certain instances yes, you might be able to attend but when it is your turn to testify, you have to be in Cebu, Philippines.
What is annulment or nullity of marriage on the ground of psychological incapacity?
What we usually call annulment refers to the “nullity of marriage on the ground of psychological incapacity.”
Most petitions for nullity of marriage are based on the psychological incapacity of the other spouse.
The basis for this petition is Art. 36 of the Family Code which states that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” The marriage is void or did not even legally exist in the first place.
What is annulment?
Annulment is when the marriage is valid from the very beginning but can be annulled on various grounds. This is the term commonly used by Filipino laymen but it is not commonly used by Filipino lawyers because it is more difficult to prove and in most cases, the circumstance of the married person does not fall in this category. Art. 45, of the Family Code provides the grounds for Annulment of Marriage, which includes insanity, fraud, and vitiated consent, among others.
What is psychological incapacity?
Psychological incapacity is not necessarily insanity but it means that the other spouse has a certain disorder, dysfunction, or psychological trait or makeup that prevents the person to comply with the obligations of marriage.
Some signs of psychological incapacity include abuse(physical, emotional, psychological), alcoholism, drug addiction, infidelity, domestic violence, gambling, habitual lying, abandonment, extreme selfishness, laziness, irresponsibility, and others.
What are other grounds for nullity of marriage, other than psychological incapacity?
Other grounds include bigamy, minority (below 18), without a valid marriage license, incestuous marriage, and others.
What happens after you got a final judgment declaring the marriage null and void?
Once you get a final court decision declaring the marriage is void, you will need to have the final judgment annotated in your marriage certificate. You can remarry again after the decision is annotated in your marriage certificate. For married women, you can revert to your maiden name.