The petition for declaration of nullity under Article 36 of the Family Code is an adversarial procedure. Unlike divorce in other countries where both spouses can agree to divorce, declaration of nullity requires one party to prove the other’s psychological incapacity to comply with the essential obligations of marriage. As such, a psychological test is required of both spouses, together with hearings before a judge, to prove psychological incapacity. There are times when a judge has denied the claim of psychological incapacity, thus leaving the separated couple no choice but to stay married.
Annulment in the Philippines
Secure an annulment at the fastest possible time.Aside from the Vatican, Philippines is the only country in the world that does not allow divorce. For Filipinos who seek the dissolution of their marriage in order to marry again, their only option is to file a petition for declaration of nullity of their marriage because of psychological incapacity under Article 36 of the Family Code.
The normal procedure for declaration of nullity is:
- Psychological exam of both parties conducted by a psychologist;
- Psychological report of the psychologist concluding that one of the parties is psychologically incapacitated to comply with the essential obligations of marriage;
- Filing of petition to declare nullity of the marriage;
- Summons on the adverse party;
- Solicitor General issues a report on whether there is collusion among the parties;
- Pre-trial conference;
- Hearings (normally three: one for petitioner, one for respondent, one for psychologist and other witnesses).
Absent property and custodial issues, we can help process a petition for declaration of nullity from filing to decision in a short span of sixteen (16) months. If you want to be ensured that you can get married again, we are your right partner in filing a petition for declaration of nullity.
Foreigners married to Filipinos, on the other hand, can file for divorce abroad from their Filipino spouse. For the Filipino spouse, in order to get the divorce recognized in the Philippines and allow her/him to marry again, s/he needs to file a petition to recognize the foreign divorce in the Regional Trial Court of the Philippines. Your lawyer needs to prove that the foreigner validly obtained divorce in accordance with their laws.
Below is a general list of requirements you will need in order to prove that foreign divorce:
- Philippine marriage certificate/record if the marriage was in the country;
- Official marriage certificate/record from the foreign country if the marriage was abroad;
- Report of Marriage of a Filipino married abroad (if one was filed with the DFA);
- Official copies of your foreign divorce documents;
- Certified copy of the foreign country’s divorce law;
- Proofs of citizenship.
The petition to recognize a foreign divorce decree is still a judicial proceeding, and will still require hearings. Generally, the process can take between eight months to one year, and is cheaper than getting an annulment.