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Family Law: Annulment, Nullity, Custody and Support

Ending a marriage, protecting your children, or securing support is personal and often painful. We give you a candid assessment of your options under Philippine law and handle the case with discretion from filing to registration of the decree.

Family cases we handle

Nullity, annulment, or something else?

Many people ask for an "annulment" when the correct case is a declaration of nullity, or a recognition of foreign divorce. The difference matters: annulment has strict five-year deadlines for most grounds, while an action for nullity does not prescribe. Choosing the right petition at the start saves time and money and avoids a dismissal later.

Read first: our guides on nullity based on psychological incapacity and annulment of marriage explain the grounds and what courts look for.

How a nullity or annulment case usually goes

  1. Consultation and case assessment. We go through your history and documents and tell you honestly which petition fits and how strong the case is.
  2. Preparation. Gathering civil registry documents, identifying witnesses, and, where needed, coordinating with a psychologist or psychiatrist.
  3. Filing. The petition is filed with the Family Court where either spouse has resided for at least six months.
  4. Collusion investigation and pre-trial. The public prosecutor checks that the spouses are not colluding.
  5. Trial. Testimony of the petitioner, witnesses, and any expert.
  6. Decision and registration. After the decision becomes final, the decree is registered with the local civil registry and the PSA. Only then may a party remarry.

What to bring to your consultation

Frequently asked questions

How long does a nullity or annulment case take?

It depends on the court's docket, the availability of witnesses, and whether the case is contested. Many cases take more than a year from filing to decision. We will give you a realistic estimate after reviewing your case.

Does my spouse need to agree or appear?

No. The case can proceed even if the other spouse does not participate. However, the court cannot grant the petition based on agreement or default alone; the evidence must still support it.

What happens to our children?

In annulment, and in most nullity cases, the children remain legitimate. The court also decides custody and support.

I was divorced abroad by my foreign spouse. Can I remarry?

Not yet. The foreign divorce must first be recognized by a Philippine court and the decision registered with the civil registry.

Thinking about filing a family case?

Bring your documents to your first consultation so we can review them with you.

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