Question: Paano at magkano ang mag-file ng annulment sa Pilipinas?

Annulment is a legal process in the Philippines that declares a marriage null and void, as if it never existed. This process differs from divorce, which dissolves a legally valid marriage. Since the Philippines does not have divorce, annulment is the only option for those seeking to end a marriage under certain conditions.

Grounds for Annulment

Before filing for annulment, it's essential to understand the grounds under which a marriage can be annulled. The Family Code of the Philippines provides several grounds for annulment, including:

Lack of Parental Consent: If either party was 18 years old but below 21 and married without parental consent.
Psychological Incapacity: If one party was psychologically incapable of fulfilling the essential marital obligations.
Fraud: If one party was tricked into the marriage, such as through misrepresentation of identity or deceit.
Impotence: If one party was physically incapable of consummating the marriage and this incapacity continues.
STD: If either party had a sexually transmissible disease that was serious and seemingly incurable at the time of marriage.

Steps to File an Annulment

Consult a Lawyer: The first step in the annulment process is to consult with a lawyer who specializes in family law. They will assess your situation, advise on the grounds for annulment, and prepare the necessary documents.
File the Petition: Your lawyer will file a petition for annulment in the Regional Trial Court. This petition must include your personal details, the details of your marriage, the grounds for annulment, and the relief you seek, such as custody of children or division of property.
Court Proceedings: The court will schedule hearings where both parties present evidence and witnesses to support their claims. Psychological evaluations, testimonies, and other forms of evidence may be required, especially in cases involving psychological incapacity.
Decision: After the hearings, the court will issue a decision. If the annulment is granted, the marriage is declared null and void.
Registration: If the annulment is granted, the decision must be registered with the Civil Registrar where the marriage was recorded and with the Philippine Statistics Authority.

Costs of Filing for Annulment

The cost of filing for annulment in the Philippines varies significantly depending on several factors, including the complexity of the case, the lawyer's fees, court fees, and additional expenses such as psychological evaluations and other expert testimonies.

Lawyer’s Fees: Legal fees can range from PHP 100,000 to PHP 500,000 or more, depending on the lawyer’s reputation and the complexity of the case.
Court Fees: Filing fees and other court-related expenses may range from PHP 10,000 to PHP 30,000.
Expert Fees: If psychological incapacity is cited as a ground, psychological evaluations can cost between PHP 20,000 to PHP 100,000.

Overall, the total cost of an annulment can range from PHP 200,000 to PHP 500,000 or more, depending on the specifics of the case.

Duration of the Process

Annulment cases can take several months to years to resolve, depending on the court’s schedule, the availability of witnesses, and the complexity of the issues involved. On average, an annulment case in the Philippines may take 1 to 2 years from filing to the court’s decision.

Conclusion

Annulment is a complex and often costly legal process in the Philippines. It requires careful consideration of the grounds for annulment, professional legal assistance, and a commitment to seeing the process through to its conclusion. For those who have been separated for many years, consulting a qualified lawyer is crucial to understand the best course of action based on their specific circumstances.