Annulment of foreigners who got married in the Philippines

Question: I am residing in Poland and my husband is in Taiwan. We got married in the Philippines but are now separated. How can I process an annulment?

Answer:

Filing for annulment while you and your spouse are residing in different countries poses some challenges, but it's not impossible. The procedure generally adheres to Philippine law if you were married in the Philippines.

Can I File for Annulment Even If I Am Abroad?

Yes, you can initiate the annulment process even if you are abroad, as long as you were married under Philippine law. However, you will need a legal representative in the Philippines to act on your behalf.

What Are the Initial Steps?

1. Consult a Philippine Lawyer: While you are in Poland, you can initiate a consultation with a Philippine lawyer, thanks to technology. The lawyer can guide you through the paperwork and the legal steps required.

2. Prepare Necessary Documents: Gather all necessary documents such as your marriage certificate, evidence to prove grounds for annulment, etc.

3. Special Power of Attorney (SPA): You can issue a Special Power of Attorney to a trusted individual, ideally a family member, who can represent you in the Philippines for the annulment proceedings.

How Do I File the Petition?

You will need to file a Petition for Annulment of Marriage at the Regional Trial Court in the city where you or your spouse last resided. Your legal representative in the Philippines can do this on your behalf, thanks to the SPA.

What Happens to My Spouse in Taiwan?

Your spouse will need to be notified of the annulment proceedings, either through personal service or by registered mail. If he contests the annulment, he will also need a legal representative in the Philippines.

What is the Time Frame?

The process can take anywhere from 6 months to several years, depending on the complexity of the case and the backlog in the court system.

Can I Remarry Once the Annulment is Granted?

Yes, once the annulment is granted and the finality of the decision has been issued, you are free to remarry.

Conclusion:

Though challenging, it is possible to file for an annulment in the Philippines while residing abroad. Consultation with a Philippine lawyer is essential, and having a legal representative in the Philippines is often necessary. Make sure all proper steps are followed to ensure the annulment is processed correctly.