Introduction
Marriage is a commitment made by two people who plan to live with each other and, sometimes, start a family. However, there are times when the relationship does not work out due to various reasons that differ from person to person. When those situations happen, people choose to go on their separate ways to lessen the pain or sadness they feel by staying together.
Some couples live their lives and retain their married status, while others choose to nullify their marriage. When that time comes, they might need assistance with the annulment process, which is a part of the country’s family law. Annulment, in a nutshell, is a legal ruling that erases the married status of a person as if it never happened.
There is much paperwork to be done here that may be confusing without help. In times like these, we understand your need to get assistance. That is why Yap Kung Ching & Associates Law Office offers annulment services in the Philippines which can help you process the necessary documents faster. Reach out to us today so that we can assist you through this procedure.
Overview of Annulment and Family Laws in the Philippines
According to the 2017 data from the Office of the Solicitor General, more than 8,100 people filed for an annulment in the Philippines. A total of 7,930 of which became null entries for different reasons and 29 were granted this request. During earlier years, many more were allowed to push through with the process.
This data alone tells us that many people think about annulment. Some think it over while others continue to feel the need to let go of their union.
What Does Annulment Mean?
Annulment is a law that nullifies the status of marriage, treating it as if it was never legal in the first place. Both people involved, therefore, were never married. It also allows them to get married again, unlike if they were only legally separated.
Annulment vs. Divorce
Both of these laws allow the people involved to re-marry, except that divorce ends the mark of marriage rather than nullifying it. Additionally, going through a divorce means that the couple will have to split their shared assets and liabilities equally or equitably among each other, or one partner must pay alimony to the other.
Generally, the fees of getting a divorce are cheaper than an annulment which is why some people in other countries prefer it. In addition to that, the latter can be denied if a person’s reason for getting them is not within the grounds of this law in the Philippines.
If you are comparing annulment versus divorce, some may choose divorce because of the expenses, but in the Philippines, only the former is allowed.
Usual Grounds for Annulment in the Philippines
The Philippine Family Law has grounds for allowing annulment in the Philippines. If a couple’s situation falls under the points mentioned below, their marriage may possibly be accepted for annulment.
• Lack of Parental Consent – a person aged 18 to 21 were married without the consent of their parents.
• Insanity or Psychological Incapacity – when a person or a couple is incapable of doing their obligations due to a serious mental disorder.
• Fraud – a person was deceived to give consent to a marriage.
• Impotence – one of the couple is not physically capable of engaging in sexual intercourse and is deemed to be incurable.
• Force, intimidation, or undue influence – a person gave their consent to marriage without their own free will.
• Sexually Transmittable Diseases – during the marriage, a person gets an STD that is serious and may not be cured.
If your marriage does not fit in the above criteria for annulment, you may opt for legal separation that has entirely different grounds. However, you won’t be allowed to be remarried if you choose that option.
How Fast Is the Annulment Process in the Philippines?
Your petition for annulment will be processed as soon as it is submitted, but it depends on the court’s schedule when it will end. The overall duration to complete it may take six months up to four years, which is a long time, but it allows you to leave your marriage legally.
Steps in Getting an Annulment
Annulment is not an easy road to take, but it may be the best path for some couples. We have listed the steps for processing a petition for this Family Law in the Philippines.
Preparation
When getting an annulment, you must know and define the grounds for it. Think about what makes your situation fit for the petition. You can research this to get accurate information on the scope of annulment reasons.
Once you have done that, you can hire a Family Law attorney at YKC Law to help you with the next steps, like preparing the necessary documents. Our lawyers have handled several cases like this, so you can rest assured that we know how we can help you efficiently and effectively.
Petition
Coordinate well with your hired lawyer to get all the requirements prepared and ready for the petition. When your attorney says you are ready, file the petition at the Family court where you have been residing for at least six months before the filing date. After which, prepare for the hearings.
Decision and Annotation
Attend all trials to avoid dismissal of your annulment petition. Once everything has been discussed, the judge will give you the final verdict. If you won the case, you need the annotation to make it valid. The court will issue you the certificate of finality, which will be endorsed to the government office that has your marriage records.
YKC Law Provides Annulment and Family Law Services
When the time comes that your best option is to let go of your marriage, YKC Law is here to help you to process your annulment through our Family Law services. You can trust our lawyers because they have the experience, knowledge, and passion to assist you with your needs. Let attorneys from YKC Law help you file your petition today.
Conclusion
An annulment is a tiring process due to the waiting time and effort you need to exert. Think about it well and ask yourself, “Is this the best solution for marriage?” Learn about the requirements and the steps along the way so that you know if you can apply for it.
Once you have decided that annulment is the road for you to take, reach out to YKC Law for this Family Law concern. We will assist you throughout the process to the best of our abilities. Feel free to contact us.
