Family cases we handle
- Declaration of nullity of marriage, including psychological incapacity under Article 36 of the Family Code
- Annulment of marriage on the grounds listed in Article 45
- Judicial recognition of a foreign divorce, so a Filipino spouse may remarry
- Legal separation
- Custody of children, visitation, and petitions for habeas corpus involving minors
- Support for spouses and children, including support pendente lite while a case is pending
- Protection orders under R.A. 9262 (VAWC), for complainants and for respondents
- Liquidation and separation of property between spouses
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
- Consultation and case assessment. We go through your history and documents and tell you honestly which petition fits and how strong the case is.
- Preparation. Gathering civil registry documents, identifying witnesses, and, where needed, coordinating with a psychologist or psychiatrist.
- Filing. The petition is filed with the Family Court where either spouse has resided for at least six months.
- Collusion investigation and pre-trial. The public prosecutor checks that the spouses are not colluding.
- Trial. Testimony of the petitioner, witnesses, and any expert.
- 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
- PSA copies of your marriage certificate and your children's birth certificates
- A written timeline of the relationship: when you met, married, separated, and key events
- Names of people who knew both of you before and during the marriage
- Any foreign divorce decree and proof of the foreign spouse's citizenship, if applicable
- Documents on properties acquired during the marriage
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.