How to File Annulment in PhilippinesPin It
There are couples who live a very happy and understanding life together as husband and wife. On the other hand, there are couples who cannot. This is the main reason why many couples would want to separate. Since divorce is not allowed under Philippine law, many couples would want to have an annulment instead. If you are residing in the Philippines and would want to file for an annulment, written below are you need to know on how to file an annulment in Philippines.
Steps on How to File An Annulment in Philippines
First things first, you must contact a very good lawyer whom you can really trust. Preferably a family friend. It is very important to discuss to your lawyer whether the grounds exist for you to file for a petition for annulment of marriage, or a Declaration of Nullity for your marriage. It is advised to engage the services of a lawyer who is an expert in Family Law.
The second step would be to write your marital history. The marital history is a very detailed narrative testimony of your marriage. This should start from the first time you and your spouse met, and a full description from the start, and to the end of your relationship. It should also include your description on the personality of your spouse, and it is also important to include the precipitating factors that led to the end of your relationship.
When you consider in having an annulment in Philippines, you must be prepared emotionally, and most especially financially. There are a lot of things that you need to pay for when you really want to pursue filing for an annulment. The cost of litigation, filing fees, and even professional fees for psychologists and psychiatrist are just some of the things that you need to pay for. That is why the third step is the psychological evaluation process.
The fourth step is the drafting and filing of the petition which is done by your lawyer. After you have signed it, the case is then raffled to a branch of the Regional Trial Court. Your spouse is then notified, and he or she is required to have an answer within 15 days.
The fifth step is the conclusion investigation done by a public prosecutor, to determine if the parties are conspiring to file a case. If no conclusion is found, you can then proceed to a pre-trial. In the trial stage, witnessed are called and the psychologist will testify the evaluation you have made. After the trial and the presentation of evidences, the case is then submitted for decision.
During the trial itself, it is not necessary that the spouse is present. This is somehow better since if the other party shows up, he or she would bring witnesses which would prolong the trials. Annulment cases usually last about 6 to 12 months. Make sure to read thoroughly this article on how to file for annulment in Philippines.