Zamboanga Peninsula - Dissolution of Marriage

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Procedure

This procedure explains various ways to Dissolution of Marriage in Zamboanga Peninsula.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Note: 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.

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Required Documents

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e.g.
1. Proof of child birth from the Hospital.

Office Locations & Contacts

Supreme Court of the Philippines
Public Information Office
3rd Floor, New Supreme Court Building Annex,
Padre Faura St., Ermita, 1000 Manila.

Telephone (02) 522-5090; 522-5094
Telefax (02) 526-8129
Email [email protected]

Court Directory

Eligibility

Grounds for Annulment

1. That the marriage was solemnized without parental consent
2. That either party was of unsound mind
3. The consent of either party was obtained by fraud
4. That the consent of either party was obtained by force, intimidation or undue influence
5. That either party was physically incapable of consummating the marriage with the other
6. That either party was afflicted with sexually transmissible disease found to be serious and appears to be incurable.

Fees

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Validity

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e.g. Birth Certificate Valid Forever

Documents to Use

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Sample Documents

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Processing Time

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Instructions

For marriage without the parental consent

• Marriage between parties who were eighteen (18) years of age or over but below 21, solemnized without the consent of the parents, guardian or person having substitute parental authority may be annulled by the party whose parent or guardian did not give his or her consent or by the parent or guardian or person having legal charge of the minor.
• The party who seeks to annul the marriage must bring the petition for annulment of marriage in court within five years after attaining his or her age of twenty one (21).
• The parent or guardian however is given the right to file a petition for annulment of the marriage on this ground at any time before the party reaches the age of 21.
• Nevertheless, no action for the annulment of the marriage may be brought if the party after attaining the age of 21, freely cohabited with the other and both spouses lived together as husband and wife.

For either party that was of unsound mind

• Under the Family Code of the Philippines, a marriage in the Zamboanga Peninsula may be annulled if either of the party to the marriage is of unsound mind unless such party, after coming to reason, freely cohabited with the other as husband and wife.
• The action for annulment of marriage may be filed by the sane spouse who had no knowledge of the others insanity. It may also be brought by any relative guardian or person having legal charge of the insane.
• The action must be brought at any time before the death of either party to the marriage. Annulment based on this ground may also be filed by the insane spouse during his or her lucid interval or after he or she regained his or her sanity.

For the consent of either party was obtained by fraud Under the Family Code, the following circumstances constitute fraud:

• Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
• Concealment by the wife of the fact that at the time of marriage, she was pregnant by a man other than her husband;
• Concealment of a sexually transmissible disease regardless of its nature, existing at the time of the marriage;
• Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism, existing at the time of the marriage.

Note

The injured party under these circumstances is given five years from the date of discovery of the fraud to institute the action for the annulment of the marriage. Nevertheless, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute fraud that will warrant the annulment of the marriage.

For the consent of either party was obtained by force, intimidation or undue influence

• The Family Code authorizes the injured party to bring an action for annulment in court on the ground that his or her consent was obtained through force, intimidation or undue influence unless the same having disappeared or ceased such party thereafter freely cohabited with the other as husband and wife.
• The injured party is given five years from the time the force, intimidation or undue influence ceases to initiate the annulment. Otherwise, he can no longer institute the same.

For either party was physically incapable of consummating the marriage with the other

• The only requirement for this to be a ground for annulment of marriage in the Zamboanga Peninsula is that, the physical incapacity appears to be incurable. It must be brought before the court within five years after the marriage.

For either party was afflicted with sexually transmissible disease found to be serious and appears to be incurable

• The action for annulment based on this ground shall be brought by the injured party within five years after the marriage.

Required Information

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e.g.
1. Date of Birth.
2. City or County of Birth.

Need for the Document

In the Philippines, marriage is legally considered as a lifetime covenant that cannot be dissolved by divorce. There is only one way two married persons can walk away from a marriage. It is to prove to the court, with strict requirements, that the marriage was never and should never have been considered binding in the first place. It is through the process of Annulment.

Annulment is the process to dissolve marriages which are valid from the beginning but there exist a ground to nullify it or to terminate it.

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Other uses of the Document/Certificate

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e.g. Birth Certificate can be used as proof of identity.

External Links

Supreme Court of the Philippines

Others

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