Love comes, love goes… Isn’t it?
Love… the feelings that we all thought would last forever. The suppose beginning of the union of a man and a woman who promise each other to hold and keep tight the marital bond ‘til death, and not from the time they agreed to part ways due to fading feelings.
But sad to say… nothing in this world is constant. Everything changes. It is only changes itself that is constant, nothing else. True! Agree?, Well, that’s your opinion.
You thought you’ve found your perfect match, the light of your life. (wow! the dream match). You thought your marriage is bound to last forever, or, at the very least, until the last breath. But, the next thing you know, you found out that you were wrong. Huhhhh, how hard, it really hurts, you know. But, cheer-up, it’s not the end of time. You can still get rid of your perfect-match turned death-match. Asking how? Well, think of seeking legal remedy to end your marriage.
Here are “steps” or “suggestions” in deciding whether or not to break-up the marital bond and to step out of the ring:
1. Make sure it is the last resort.
“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the law.”
Marriage is supposed to be forever. Try all options, like counseling, to make it work. If there’s no progress, weigh your options. You should remember, however, that getting into another relationship or marriage, while the first marriage is still subsisting, would amount to a criminal liability (adultery, concubinage, bigamy). A subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action, but it may suspend the criminal case on the ground of prejudicial question.
2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel & filing fees and costs of the proceedings.
3. Discuss the custody of children, visitation rights, property arrangements and support. Custody over children and separation of properties are among the bitterest issues in annulment. As much as possible, discuss and agree on these matters beforehand.
4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go through the procedure discussed below.
The procedure provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages is discussed below. Please note that a petition for “annulment” refers to voidable marriages, which are valid until annulled by the court, while a petition for “declaration of nullity” refers to marriages that are considered void or inexistent from the very beginning. For convenience, we shall refer to both petitions as “annulment”.
1. Preparation and filing of the petition.
The petition may be filed, at the option of the spouse who filed it (called the “petitioner”), in the Family Court of the province or city where the petitioner or the other spouse (called the “respondent”) resides for the last 6 months prior to the date of filing, or in the case of a non-resident respondent, where he/she may be found in the Philippines. An Overseas Filipino Worker (OFW) may file the petition even while abroad. Incidentally, upon filing of the petition or anytime thereafter, the court may issue provisional and protective orders.
2. Service of Summons.
In simplest terms, this is giving notice to the respondent. It is the manner of how the court can acquire jurisdiction over the person. Where the respondent cannot be located at the given address or the whereabouts are unknown and cannot be ascertained by diligent inquiry, service of summons may be done by publication. This is crucial because the court cannot validly proceed without service of summons. The court cannot render valid decision if the service of summon was validly been served.
3. Answer.
The respondent must answer within 15 days from service of summons (or within 30 days from the last issue of publication in case of service of summons by publication). Unlike in civil cases, the respondent in annulment proceedings is not declared in default if no answer is filed, but the public prosecutor shall be ordered to investigate whether collusion exists between the parties.
4. Investigation report of public prosecutor.
The public prosecutor prepares a report on whether there is collusion between the parties. If the court is convinced that collusion exists, it shall dismiss the petition; otherwise, the court shall set the case for pre-trial conference. The Rules dispensed with the requirement, as provided in Molina, that the Solicitor General issue a certification stating his reasons for his agreement or opposition to the petition.
5. Pre-trial conference.
During the mandatory pre-trial conference, the court and the parties deal with certain matters, such as stipulation of facts, for the purpose of expediting the proceedings. The petition may be dismissed if the petitioner fails to appear during pre-trial. At this stage, the court may also refer the issues to a mediator who shall assist the parties in reaching an agreement on matters not prohibited by law (no compromise allowed in civil status of persons, validity of marriage or of legal separation, grounds for legal separation, jurisdiction of courts, and future support and legitime).
6. Trial.
This is the stage where the ground for annulment is proved and opposed. The court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.
7. Decision.
After the trial proper, the court renders its decision, which is different from the Decree of annulment. A decision, whether granting or dismissing the petition, becomes final upon the expiration of 15 days from notice to the parties.
8. Appeal.
The aggrieved party or the Solicitor General may appeal from the decision within 15 days from notice of denial of the motion for reconsideration or new trial.
9. Liquidation, partition and distribution, custody, support of common children and delivery of their presumptive legitimes.
These are done upon entry of the judgment granting the petition.
10. Issuance of Decree of annulment.
The court issues the Decree after: (i) registration of the entry of judgment granting the annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the place where the court is located; (ii) registration of the approved partition and distribution of the properties of the spouses in the proper Register of Deeds where the real properties are located; and (iii) delivery of the children’s presumptive legitimes in cash, property, or sound securities.
11. Registration of the Decree.
The Decree must be registered in the Civil Registry where the marriage was registered, the Civil Registry of the place where the court is situated, and in the National Census and Statistics Office.
