International Living, Marriage & Travel

How long does it take to get an marriage annulment in the Philippines and how much does it cost?

It all depends on different factors but I heard that it was costly and the process was very long.

bobby7227 wrote:It all depends on different factors but I heard that it was costly and the process was very long.

I was recently told that marriage annulment was made quicker by the pope and priest were expecting it to be free. I remember watching this on the news, that marriage annulment had indeed become free of cost but I cannot find a single article supporting this. Bottomline is if you're afraid of eventually having to spend so much, make sure you have married someone you can get along with in the long run. I personally knew couples who simply waited for the term to expire and their former spouses who did not show up in court on purpose.

The process of annulment may differ from case to case. I know of someone who's filed for annulment, but even after 2 years, no decision yet if her petition for annulment has been granted.

Anyway, for everyone's information. Annulment is a Filipino's legal recourse to end a problematic marriage. Another one is legal separation. The difference between the two is in the former, if granted, the parties may be allowed to marry as their first marriage is declared null and void as if the marriage didn't happen. The latter, on the other hand, still recognizes the marriage of the husband and wife. Both are only separated physically, and each CANNOT remarry again.

The Family Code of the Philippines recognizes ONLY the following as GROUNDS for ANNULMENT:
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)