Q. What is a petition for declaration of nullity of marriage?
A. It is a judicial process wherein the relief being sought is the nullity of a void marriage. The marriage is void from the beginning or inexistent from the time of its performance..
Q. If my marriage is void from the beginning is it necessary for me to go to court to have it declared void?
A. Yes, the law requires that for purposes of remarriage your void marriage should be judicially declared void otherwise any marriage that contracted in violation thereof is likewise void. It is not for the parties to determine whether or not their marriage is void.
Q. May I know the grounds to declare a marriage void?
A. The following are the grounds to declare a marriage void:
1. Those contracted by any party below eighteen years of age even with the consent of their parents or guardians;
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
3. Those solemnized without license unless falling under the exceptions where no marriage license is required.
4. Those bigamous or polygamous marriages.
5. Those contracted through mistake of one contracting party as to the identity of the other;
6. Psychological Incapacity of the husband or wife, existing at the time of marriage, which prevents him or her from complying with the essential marital obligations of marriage, even if such incapacity becomes manifest only after the solemnization of the marriage.
7. Incestuous Marriages (between ascendants and descendants; between brothers and sisters whether full or half blood).
9. Marriages between relatives:
a. between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
b. between step-parents and step-children;
c. between parents-in-law and children-in-law;
d. between the adopting parent and the adopted child;
e. between the surviving spouse of the adopting parent and the adopted child;
f. between the surviving spouse of the adopted child and the adopter;
g. between an adopted child and and a legitimate child of the adopter;
h. between adopted children of the same adopter;
i. between parties where one, with the intention to marry the other, killed the other person’s spouse, or his or her own spouse.
Q. Is there a time limit for me to file a petition to declare my marriage void?
A. No. The action to declare the marriage void does not prescribe. Hence, this can be filed at any time.
Q. What is annulment of marriage?
A. It is a judicial process wherein the relief being sought is the annulment of a marriage bond. The marriage is valid until annulled by a competent court.
Q. What are the grounds for annulment?
A. The grounds are as follows:
1. Lack of parental consent. This applies to parties who, being above 18 years and above but below 21 years old, get married without the parental consent.
2. Insanity of one parties.
3. The consent of either party was obtained by fraud.
4. The consent of either party was obtained by force, intimidation or undue influence.
5. Either party was a sexual impotent or physically incapable of engaging in sexual intercourse and such incapacity continues and appears to be incurable.
6. Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
Q. What are the kinds of fraud which constitute the ground for annulment as stated in #3 above?
A. The kinds of fraud are as follows:
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
Q. What are the procedures governing the declaration of absolute nullity of void marriages and voidable marriages?
A. The procedure is provided under Supreme Court A.M. No. 02-11-10, the New Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages, which took effect last March 15, 2003.
Q. Who may file the petition for absolute nullity of void marriage?
A. It may be filed solely by the husband or the wife.
Q. Where can I file the petition for declaration of nullity or annulment of my marriage?
A. You can file the petition before the Family Court located at the place of your residence or that of your husband/wife, where either of you have been residing for at least six months prior to the filing of the petition or in case a non-resident respondent spouse, where he/she may be found in the Philippines, at the election of the petitioner spouse.
Q. How can I check the existence of my marriage?
A. Well you can secure the copy of your marriage contract before the Local Civil Registrar of the place where your marriage was solemnized. Or you may secure a copy of which before the National Statistics Office (NSO).
Q. Can I file the petition for declaration of nullity of my marriage/annulment of marriage even if I am out of the country?
A. Yes. This is not prohibited by law and the existing rules.
Q. What if the respondent spouse is outside the country or cannot be found in the Philippines. How can I proceed with the petition?
A. In that case the summons will have to be served by publication. The summons will be published in the newspaper of general circulation once a week for two consecutive weeks in a newspaper of general circulation. In addition, a copy of the summons shall be served to the respondent at his last known address by registered mail or by any other means which the court may deem sufficient.
Q. If I am residing abroad do I have to come home to attend the trial?
A. Yes, because you have to testify during the presentation of your evidence. However, your testimony can be scheduled so that you can come just in time.
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