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Answers · Family & Annulment

Family & Annulment

187 answered questions on family & annulment under Philippine law. Every answer quotes and links the provision that governs it.

  • How long must my spouse abandon me before I can file for legal separation?
  • Who may file the sworn statement of reappearance that ends a subsequent presumptive-death marriage?
  • What must the officiant swear to after marrying someone at the point of death?
  • 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?
  • Can I get legal separation if my spouse attempted to murder me?
  • After a presumptive-death second marriage is terminated, can the spouse who acted in bad faith inherit from the innocent spouse?
  • 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?
  • 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 be forced to live with my spouse in the Philippines?
  • 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 we agree to our own terms for our marriage instead of following the law?
  • 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?
  • My fiance works abroad and cannot come home — can we get married by proxy?
  • 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?
  • Are the children of a void marriage legitimate in the Philippines?
  • What must be proven to marry without a license under the five-year cohabitation exemption?
  • Can spouses agree on facts to shortcut the trial and get a legal separation decree more quickly?
  • 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?
  • Can a court exempt a spouse from the duty to live together because the other spouse is based abroad?
  • Will the court try to get us back together before granting legal separation?
  • Can I go to court if my spouse's behavior is endangering our family?
  • How long do I have to file for annulment after the threats that forced me to marry stopped?
  • 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?
  • 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 there a deadline to file for annulment in the Philippines?
  • How long do I have to file for legal separation in the Philippines?
  • Is a deathbed marriage still valid if the dying spouse recovers?
  • Can someone marry on their deathbed without a marriage license?
  • 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?
  • Do we need witnesses at our wedding for it to be legally valid?
  • If I file to annul my first marriage, will that automatically pause a bigamy case filed against me?
  • 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?
  • 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 if the dying party cannot sign the marriage certificate during a deathbed marriage?
  • What happens to property and inheritance after a decree of legal separation?
  • Can the civil registrar collect extra charges on top of the official marriage license fee?
  • Is there a government-appointed lawyer who must appear in every annulment or nullity case?
  • What happens if spouses cannot agree on where to establish the family domicile?
  • Can first cousins legally marry each other in the Philippines?
  • Can I file for legal separation if my spouse pressured me to change my religion?
  • What does my foreign fiance need to submit to get a marriage license here?
  • I discovered the fraud but kept living with my spouse after — can I still annul our marriage on the ground of fraud?
  • Is a marriage license free if we can't afford the fee?
  • If we believed in good faith that our solemnizing officer had authority to marry us but they did not, is our marriage still void?
  • 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?
  • After legal separation is granted, can the court still order the guilty spouse to give support to the innocent one?
  • 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 know a legal impediment to someone's upcoming marriage — can I stop the civil registrar from issuing the license?
  • I cannot afford a lawyer — will one be provided for my protection order hearing?
  • Is a marriage between blood relatives void even if their relationship is illegitimate rather than legitimate?
  • Can my spouse's infidelity alone qualify as psychological incapacity for annulment?
  • Does having an affair count as sexual infidelity for legal separation purposes?
  • If I am the innocent spouse in an annulled marriage, can I keep using my former husband's surname?
  • Can the innocent spouse in a terminated presumptive-death marriage revoke an irrevocable insurance designation made in favor of the bad-faith spouse?
  • 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?
  • Can two people of the same sex legally marry in the Philippines?
  • Is there a shelter I can go to with my children, and who provides it?
  • 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 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?
  • Does legal separation let me remarry in the Philippines?
  • Can I live apart from my spouse once I file for legal separation?
  • Is a marriage between brother and sister ever legally valid?
  • Do both of us have to appear in person before the solemnizing officer to have a valid marriage?
  • Besides age, what legal impediments under the Family Code automatically make a marriage void?
  • Do we have to pay documentary stamp tax on our marriage license papers?
  • Is a marriage valid if there was no solemnizing officer present?
  • 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?
  • 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?
  • Can a military commander marry soldiers in a combat zone without a license?
  • What is the minimum legal age to marry in the Philippines?
  • Do Muslim Filipinos need a marriage license to marry validly?
  • My wife walked out of our home for no reason — am I still legally required to support her?
  • Can a court deny legal separation because both spouses are guilty of the same or similar wrongdoing?
  • Does our marriage have to follow a specific religious rite to be legally valid?
  • 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?
  • 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?
  • Is being physically abused by my spouse a ground for legal separation?
  • Does the physical incapacity to consummate the marriage have to be permanent and incurable to annul on that ground?
  • Is legal separation barred if more than five years have passed since the act that gives the ground?
  • Can I use my annulment decree instead of a death certificate to get a new marriage license?
  • What proof do I need that my spouse died before I can 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?
  • 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?
  • 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?
  • Will the civil registrar still issue our license if they know something is wrong with our application?
  • 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?
  • What information is legally required to appear on our marriage certificate?
  • After legal separation, is my spouse's designation as beneficiary of my life insurance automatically revoked?
  • Does my second marriage end automatically if my first spouse turns out to be alive?
  • Is sexual perversion by a spouse a ground for legal separation under the Family Code?
  • Can a ship captain legally marry two passengers while at sea?
  • Why do I have to wait six months before my legal separation case can be heard?
  • Is our marriage valid if the person who solemnized it had no authority?
  • 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?
  • How long must a spouse be missing before I can remarry in the Philippines?
  • If my spouse is unfaithful and neglects their duty to the family, what legal remedy does the Family Code provide?
  • Can an annulment or nullity case be decided by default if my spouse does not appear in court?
  • My fiance is a refugee with no embassy here to certify him — how can he still get a marriage license?
  • My spouse had a sexually transmissible disease when we married — must it be serious and apparently incurable to justify annulment?
  • Does a subsequent marriage end automatically when the absent spouse physically returns, or only once the affidavit of reappearance is recorded?
  • Can I sue my brother over our inherited land without first trying to settle it within the family?
  • What surname do children conceived before a marriage annulment decree use after the annulment is granted?
  • How long must a spouse be gone from the family home before the law presumes they have abandoned their family?
  • Is two years of absence enough to remarry if my spouse disappeared in a disaster?
  • 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?
  • 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?
  • What details do we have to disclose on our marriage license application?
  • What surname options does a married woman have — is she required to take her husband's surname or may she keep her maiden name?
  • Which city or town's civil registrar issues our marriage license?
  • Who is allowed to file an annulment case when the ground is that the party was 18 to 20 and married without parental consent?
  • Can I get a protection order without a lawyer, and who has to help me fill out the application?
  • What does the law require during the marriage ceremony itself?
  • Who decides where the family lives under Philippine law?
  • Who is supposed to receive the original copy of our marriage certificate after the wedding?
  • Are both spouses responsible for family expenses in the Philippines?
  • Does a wife who has been granted legal separation have to change her name?
  • Will my name and address become public if I file a VAWC case?

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