Family & Annulment

Annulment & Psychological Incapacity

• Can I annul my marriage if I was forced or threatened into marrying?
• Can I annul my marriage because my spouse hid a past criminal conviction?
• Can I annul my marriage if my spouse hid a drug addiction before we married?
• Can I annul my marriage if my spouse is physically unable to consummate it?
• Can I annul my marriage if my spouse had an incurable STD when we married?
• Can I annul my marriage if my spouse was mentally unsound when we married?
• Can a judge grant our annulment just because we both agree to it?
• I married at 19 without my parents' consent but lived with my spouse willingly after turning 21 — can I still annul the marriage?
• My spouse was mentally unsound when we married but recovered and we freely lived together afterwards — is the ground for annulment lost?
• Is concealing a pregnancy by another man a ground for annulment?
• Is hiding a drug addiction before the wedding considered fraud that makes a marriage annullable?
• Is concealing homosexuality before the wedding a ground for annulment as fraud?
• How long do I have to file for annulment after the threats that forced me to marry stopped?
• Is there a deadline to annul a marriage on the ground of insanity, or can it be filed anytime before either spouse dies?
• How long do I have to annul my marriage if I married underage without my parents' consent?
• Is there a prescriptive period for filing an annulment based on physical incapacity to consummate?
• How many years after the wedding can I file to annul my marriage over my spouse's STD?
• Is there a deadline to file for annulment in the Philippines?
• If I file to annul my first marriage, will that automatically pause a bigamy case filed against me?
• Is there a government-appointed lawyer who must appear in every annulment or nullity case?
• I discovered the fraud but kept living with my spouse after — can I still annul our marriage on the ground of fraud?
• What are the legal grounds for annulment of marriage in the Philippines?
• After a marriage is annulled, must the wife who was the guilty party go back to her maiden name?
• Can my spouse's infidelity alone qualify as psychological incapacity for annulment?
• If I am the innocent spouse in an annulled marriage, can I keep using my former husband's surname?
• Does legal separation let me remarry in the Philippines?
• Does the physical incapacity to consummate the marriage have to be permanent and incurable to annul on that ground?
• Can I use my annulment decree instead of a death certificate to get a new marriage license?
• What counts as psychological incapacity under Article 36 of the Family Code?
• Must psychological incapacity have already existed at the time of the marriage, or can it develop years later?
• What must be recorded in the civil registry and the property registry before a spouse from an annulled marriage can remarry?
• Why do I need to register my annulment judgment with the registry of property?
• Can a relative file to annul a marriage because one spouse is insane?
• I remarried without first recording the annulment judgment and property partition — is my second marriage valid?
• Can I remarry right away once my annulment is granted?
• Can I remarry if my first marriage was void but never annulled?
• My spouse never answered the petition to annul our marriage, so will the court simply declare them in default?
• Can an annulment or nullity case be decided by default if my spouse does not appear in court?
• My spouse had a sexually transmissible disease when we married — must it be serious and apparently incurable to justify annulment?
• What surname do children conceived before a marriage annulment decree use after the annulment is granted?
• Who is allowed to file an annulment case when the ground is that the party was 18 to 20 and married without parental consent?

VAWC & Protection Orders

• Can a DSWD or city social worker apply for a protection order for me?
• I left home and now live in another city — can I apply for a protection order there?
• Can I ask for a protection order inside a case I have already filed, or must it be a separate petition?
• Can I get a protection order during a legal separation case without waiting out the cooling-off period?
• Can I get copies of the medical records of my injuries from the clinic that examined me?
• Can I keep my new address out of the protection order application if giving it would put me in danger?
• The Punong Barangay is not around — can anyone else issue a barangay protection order?
• Can I still be granted a permanent protection order if the criminal case against him was dismissed?
• Can I take paid leave from work to deal with my VAWC case, and how many days?
• Can my doctor, counsellor or therapist apply for a protection order for me?
• Can my employer refuse to give me the leave the VAWC law grants?
• Can my parents apply for a protection order for me?
• My sister is being abused and will not act — can I, as her sibling or cousin, file the petition for her?
• Can neighbours who saw what happened apply for a protection order if I am too afraid to do it myself?
• Can someone who is not a lawyer come with me to the barangay proceeding?
• Can the Punong Barangay or a kagawad file the petition for a protection order for me?
• Can the court be told about abuse he committed against other people, not just against me?
• Can a police officer apply for a protection order on my behalf?
• Should I go to the barangay first, or can I go straight to a judge to ask for protection?
• Do I have to face him at the barangay before a barangay protection order can be issued?
• Do I have to file separate applications for a temporary and a permanent protection order?
• Do I have to pay filing fees to apply for a protection order?
• My aunt wants to apply for a protection order for me — does she need my consent?
• Does the hospital or clinic have to give me a medical certificate for free after examining my injuries?
• He controls all our money even though we are not poor — can I still be given a PAO lawyer?
• How long does a barangay protection order last?
• How long does a permanent protection order stay in force, and can it ever be lifted?
• How long does a temporary protection order last before it has to be renewed?
• How soon can the court issue a temporary protection order after I apply?
• I cannot afford a lawyer — will one be provided for my protection order hearing?
• Is my protection order still valid if I move to another province?
• The abuse happened years ago — is it too late to ask for a protection order now?
• Is there a shelter I can go to with my children, and who provides it?
• What happens if he does not show up at the hearing for a permanent protection order?
• What happens if my temporary protection order expires before the court decides on a permanent one?
• No one has acted on my protection order application — is anyone answerable for that delay?
• Can I get a protection order without a lawyer, and who has to help me fill out the application?
• Will my name and address become public if I file a VAWC case?

Legal Separation

• How long must my spouse abandon me before I can file for legal separation?
• Can I get legal separation if my spouse attempted to murder me?
• Can spouses agree on facts to shortcut the trial and get a legal separation decree more quickly?
• Will the court try to get us back together before granting legal separation?
• How long do I have to legally take back a gift I gave my spouse after our legal separation becomes final?
• How long do I have to file for legal separation in the Philippines?
• Does the six-month cooling-off period still apply to my legal separation case if I alleged abuse?
• Can I file for legal separation because my spouse is a drug addict or habitual alcoholic?
• What happens to property and inheritance after a decree of legal separation?
• Can I file for legal separation if my spouse pressured me to change my religion?
• After legal separation is granted, can the court still order the guilty spouse to give support to the innocent one?
• Does having an affair count as sexual infidelity for legal separation purposes?
• What do we need to file with the court if we reconcile during our legal separation case?
• Can we just agree on the facts to speed up our legal separation case?
• Can my spouse still file for legal separation over an affair if I told them beforehand I was okay with it?
• Can my spouse still win a legal separation case against me if they secretly helped set up the affair they're accusing me of?
• Can my legal separation case be dismissed if I already forgave my spouse?
• Does the five-year deadline for legal separation run from when the cause occurred or when I discovered it?
• If my spouse repeatedly battered me over several years, does the five-year period run from the first or the latest incident?
• Can I live apart from my spouse once I file for legal separation?
• Can a court deny legal separation because both spouses are guilty of the same or similar wrongdoing?
• After legal separation, can the spouse at fault still inherit from me through intestate succession?
• If I had already named my spouse in my will and we are later legally separated on account of their fault, is the bequest automatically cancelled?
• Is being physically abused by my spouse a ground for legal separation?
• Is legal separation barred if more than five years have passed since the act that gives the ground?
• Will a prosecutor still investigate my legal separation case even if my spouse doesn't contest it?
• Does getting back together cancel our legal separation decree?
• What happens to a pending legal separation case if the spouses reconcile before the court issues a decree?
• If we reconcile after legal separation, do I get back the property share that was forfeited because I was found at fault?
• After legal separation, is my spouse's designation as beneficiary of my life insurance automatically revoked?
• Is sexual perversion by a spouse a ground for legal separation under the Family Code?
• Why do I have to wait six months before my legal separation case can be heard?
• Can I get spousal support from my husband while our legal separation case is still being decided in court?
• Can I file for legal separation if my spouse secretly married someone else?
• Can I file for legal separation if my spouse tried to push our child into prostitution?
• Is homosexuality a ground for legal separation in the Philippines?
• Is my spouse being sentenced to prison a ground for legal separation?
• Does a wife who has been granted legal separation have to change her name?

Void & Bigamous Marriages

• Can I be charged with bigamy if I remarried thinking my first marriage was void but never obtained a court declaration?
• What happens if both people in a second marriage knew the first spouse was still alive?
• Are the children of a void marriage legitimate in the Philippines?
• Can first cousins legally marry each other in the Philippines?
• Is a marriage between blood relatives void even if their relationship is illegitimate rather than legitimate?
• Can two people of the same sex legally marry in the Philippines?
• Is a marriage between brother and sister ever legally valid?
• Besides age, what legal impediments under the Family Code automatically make a marriage void?
• If a court declares my marriage void from the beginning, not just annulled, does that judgment have to be recorded in the civil registry too?
• Is it legal to marry my own adopted son or daughter?
• Can I marry another child adopted by the same parent who adopted me?
• Can I marry my former spouse's parent after my spouse dies?
• Can I marry my stepfather or stepmother?
• If my spouse was already married to someone else when we wed, is our marriage void?
• Up to what degree of blood relationship between collateral relatives does the Family Code prohibit marriage on grounds of public policy?
• Is a marriage void if one party killed the other's prior spouse specifically to be free to marry them?
• Is a marriage void if one party married believing the other was a different person?
• Is a marriage void simply because the parties had no marriage license when they wed?
• Is my second marriage void if I remarried before recording and completing the partition of my first marriage's property?
• Can the surviving spouse of an adopted child marry the adopter after the adopted child dies?
• Is a marriage void if one party was under 18, even if both parents gave their consent?

Missing Spouse & Presumptive Death

• Who may file the sworn statement of reappearance that ends a subsequent presumptive-death marriage?
• After a presumptive-death second marriage is terminated, can the spouse who acted in bad faith inherit from the innocent spouse?
• My spouse has been missing for over four years and I want to remarry — does the disputable presumption of death in the Rules of Court let me just go ahead, or do I still need to go to court first?
• If the bad-faith spouse from my second marriage has children from a prior marriage, do those children inherit the forfeited profits instead of our own kids?
• Can the innocent spouse in a terminated presumptive-death marriage revoke an irrevocable insurance designation made in favor of the bad-faith spouse?
• Does my second marriage end automatically if my first spouse turns out to be alive?
• How long must a spouse be missing before I can remarry in the Philippines?
• Does a subsequent marriage end automatically when the absent spouse physically returns, or only once the affidavit of reappearance is recorded?
• Is two years of absence enough to remarry if my spouse disappeared in a disaster?

Wedding Ceremony & Validity

• What must the officiant swear to after marrying someone at the point of death?
• My parents lived as husband and wife for decades but we cannot find a marriage certificate - are they presumed married?
• My fiance works abroad and cannot come home — can we get married by proxy?
• My spouse died but I have no way to obtain an official death certificate — what do I submit instead when applying to remarry?
• How many days does an officiant have to report a deathbed marriage to the registrar?
• How soon must the officiant send our marriage certificate to the civil registrar?
• Is a deathbed marriage still valid if the dying spouse recovers?
• Can someone marry on their deathbed without a marriage license?
• Do we need witnesses at our wedding for it to be legally valid?
• What happens if the dying party cannot sign the marriage certificate during a deathbed marriage?
• If we believed in good faith that our solemnizing officer had authority to marry us but they did not, is our marriage still void?
• Do both of us have to appear in person before the solemnizing officer to have a valid marriage?
• Does our marriage certificate have to mention our prenuptial agreement if we have one?
• Is a marriage valid if there was no solemnizing officer present?
• My fiance and I are civilians trapped in a war zone — can an army commander legally marry us without a license?
• Can a military commander marry soldiers in a combat zone without a license?
• Does our marriage have to follow a specific religious rite to be legally valid?
• What information is legally required to appear on our marriage certificate?
• Can a ship captain marry a dying passenger during a stopover at port, not just while the ship is out at sea?
• Can a ship captain legally marry two passengers while at sea?
• Is our marriage valid if the person who solemnized it had no authority?
• What does the law require during the marriage ceremony itself?
• Who is supposed to receive the original copy of our marriage certificate after the wedding?

Marriage License & Requirements

• Do we need to show a cedula or residence certificate to get a marriage license?
• Can I find out if my partner already applied for a marriage license with someone else?
• What must be proven to marry without a license under the five-year cohabitation exemption?
• My fiance and I are cousins — does the marriage license application make us say how we're related?
• Can members of ethnic cultural communities marry without a license under their own customs, like Muslim Filipinos can?
• Can the civil registrar collect extra charges on top of the official marriage license fee?
• What does my foreign fiance need to submit to get a marriage license here?
• Is a marriage license free if we can't afford the fee?
• I know a legal impediment to someone's upcoming marriage — can I stop the civil registrar from issuing the license?
• Do we have to pay documentary stamp tax on our marriage license papers?
• Can we marry without a license if we have lived together for five years?
• Can we marry without a license if there's no way to reach the civil registrar?
• What is the minimum legal age to marry in the Philippines?
• Do Muslim Filipinos need a marriage license to marry validly?
• Can we skip the marriage license if we lived together for five years but one of us was still married to someone else for part of that time?
• Do I need my parents' written consent to marry if I'm only 19 years old?
• My parents work abroad — can they consent to my marriage through an affidavit instead of appearing at the civil registrar?
• Will my marriage license be delayed if my parents disapprove of who I'm marrying?
• What proof do I need that my spouse died before I can get a new marriage license?
• Can the local civil registrar charge me a fee for preparing my marriage license documents or administering the oath?
• Will the civil registrar still issue our license if they know something is wrong with our application?
• Can the civil registry's log of license applications prove my marriage license was genuinely issued to us?
• My fiance is a refugee with no embassy here to certify him — how can he still get a marriage license?
• What details do we have to disclose on our marriage license application?
• Which city or town's civil registrar issues our marriage license?
• If my father is already dead, whose consent do I need for my marriage license — my mother's or a guardian's?

Spousal & Family Duties

• Can I be forced to live with my spouse in the Philippines?
• Can we agree to our own terms for our marriage instead of following the law?
• Can a court exempt a spouse from the duty to live together because the other spouse is based abroad?
• Can I go to court if my spouse's behavior is endangering our family?
• What happens if spouses cannot agree on where to establish the family domicile?
• My wife walked out of our home for no reason — am I still legally required to support her?
• If my spouse is unfaithful and neglects their duty to the family, what legal remedy does the Family Code provide?
• Can I sue my brother over our inherited land without first trying to settle it within the family?
• How long must a spouse be gone from the family home before the law presumes they have abandoned their family?
• What surname options does a married woman have — is she required to take her husband's surname or may she keep her maiden name?
• Who decides where the family lives under Philippine law?
• Are both spouses responsible for family expenses in the Philippines?

More Family & Annulment Questions

• Can what the community has always believed — that a couple was married — be used as evidence of the marriage in court?
• If our family already benefited from my job before my spouse objected to it, who pays the debts that job created?
• If part of our marriage settlement doesn't actually depend on us getting married, does that part stay valid even if we call off the wedding?
• If I get married before a Philippine consul abroad, do we follow Philippine formalities or the local country's?
• Can we modify our marriage settlement after the wedding if we're getting a judicial separation of property?
• If my parents refuse to give me advice about marrying, do I still have to submit a sworn statement saying so?