Choosing Counsel

Choosing Your Annulment Lawyer

The choice determines what you pay, how long it takes, and whether the decree you end up holding is worth anything. Here is what to ask, and what should end the conversation.

What you are actually paying for

Most people meeting an annulment lawyer for the first time have no reference point for the numbers being quoted, which makes it hard to tell a fair fee from an alarming one. Fees in this field are conventionally structured in three parts, and any lawyer should be willing to break them out for you.

An acceptance fee engages counsel and is paid at the outset. A pleading fee is charged for each pleading prepared and filed. An appearance fee is charged for each hearing attended. Because an annulment runs for years, the second and third accumulate — which is why a case that looked affordable at the first meeting can drift well past the opening quote.

Our own figures are published: for an annulment, an acceptance fee of ₱300,000 to ₱350,000, pleading fees of ₱5,000 to ₱15,000, and an appearance fee of around ₱7,000. For a recognition of foreign divorce, which is the narrower and cheaper remedy, the acceptance fee is ₱200,000 to ₱250,000. The full annulment breakdown, including the psychological evaluation and the official court fees, is in our guide to what an annulment costs. We publish them so that you can compare, including against us.

If you want the arithmetic rather than the ranges, our annulment cost calculator turns your circumstances — contested or not, property, custody, publication — into an itemised estimate.

What matters is less the size of the number than whether the lawyer will tell you the number at all, in writing, before you pay anything.

Three assurances a legitimate lawyer will never give you

These are not matters of taste. Each one has been the subject of a Supreme Court disciplinary decision, and in each the lawyer was suspended or disbarred.

"I guarantee I can get your decree."

No one can. An annulment is decided by a judge on evidence, with the State appearing to oppose it. In Madria v. Rivera the lawyer told his client she had a strong case and guaranteed he could obtain the decree for ₱25,000. What she eventually received was a forged decision.

"You will not need to appear in court."

In the same case, the lawyer assured his client that all notices would come to his office and she need not attend. That assurance was what made the fraud possible: she had no independent contact with the court and no way to see that nothing was happening.

"I know a judge who will be friendly to this."

In Dongga-As v. Cruz-Angeles the firm collected ₱350,000 and, over five months, filed nothing — explaining the delay by saying they were still looking for a "friendly" court and public prosecutor, and still had to speak to the judge who would resolve the petition favourably. The Supreme Court treated that insinuation as a violation in its own right, because it undermines the courts whether or not any judge was ever approached.

What a fabricated decree actually costs you

The reason to care about all this is not professional etiquette. It is that when an annulment is faked, the person who carries the consequences is usually the client.

In Madria, the client relied on the documents her lawyer handed her. She declared herself single on her voter's registration record and used the decision and certificate of finality to renew her passport. The National Bureau of Investigation then investigated her, and she faced criminal charges under the Philippine Passport Act. Only then did she learn what the Clerk of Court had confirmed in writing:

The signature of the [sic] Judge Lyliha Abella Aquino as appearing in the alleged decision attached to your letter is a blatant forgery.

The Court disbarred the lawyer and set out the principle plainly:

A lawyer who causes the simulation of court documents not only violates the court and its processes, but also betrays the trust and confidence reposed in him by his client and must be disbarred to maintain the integrity of the Law Profession.

It also rejected the lawyer's attempt to say the client had asked for it — a defence worth knowing about, because it is the one you would be left arguing against:

That a lay person like the complainant could have swayed a lawyer like the respondent into committing the simulations was patently improbable. Yet, even if he had committed the simulations upon the client's prodding, he would be no less responsible.

A cheap annulment that produces a void decree has not saved you money. It has left you unmarried in your own belief, still married in law, and exposed to prosecution for anything you signed in reliance on it.

Read the invoice

In Dongga-As, when the client tried to terminate the engagement and recover his money, the firm instead billed him. The itemised statement included charges for "Consultants (prosecutors)" of ₱45,000, "Consultants (NBI)" of ₱2,500, and "Police" of ₱5,000.

There is no legitimate line item on an annulment invoice for a prosecutor, a police officer, or the NBI. If you see one, you are not looking at a fee dispute; you are looking at a description of something the Supreme Court has sanctioned.

If your lawyer has taken the fee and done nothing

You are not without recourse, and the standard is not a matter of opinion. As the Court put it in Dongga-As:

once a lawyer takes up the cause of his client, he is duty-bound to serve the latter with competence, and to attend to such client's cause with diligence, care, and devotion whether he accepts it for a fee or for free. He owes fidelity to such cause and must always be mindful of the trust and confidence reposed upon him.

And on the money specifically:

a lawyer's failure to return upon demand the funds held by him on behalf of his client, as in this case, gives rise to the presumption that he has appropriated the same for his own use in violation of the trust reposed in him by his client. Such act is a gross violation of general morality, as well as of professional ethics.

The respondents in that case were suspended for three years and ordered to return the full ₱350,000. A complaint goes to the Integrated Bar of the Philippines, Commission on Bar Discipline.

How to verify things yourself

You do not need a second lawyer to check the two facts that matter most.

Ask for your case number, then confirm the case exists. Once a petition is filed it is docketed, and the Clerk of Court of the branch handling it can confirm that the case number corresponds to a real case. In Madria that single enquiry is what eventually exposed the forgery — the Clerk's office simply checked the docket.

Check the PSA record at the end. A granted annulment ends with the decision annotated on your marriage certificate. Order a fresh copy from the Philippine Statistics Authority yourself. If the annotation is not there, the case is not finished, whatever you have been told or handed.

Questions worth asking at the first consultation

What is the acceptance fee, and what does it cover? What will each pleading and appearance cost, and roughly how many should I expect? Will I get a written engagement agreement? Which court will this be filed in, and why that one? Will I have to testify, and when? What is the realistic worst case — and what happens to my money if the petition fails?

A lawyer who answers all seven plainly is telling you how they work. One who deflects the fee questions, or answers the last one with a reassurance instead of an answer, is telling you the same thing.

Frequently asked questions

How do I choose an annulment lawyer in the Philippines?

Ask for the fee structure in writing — acceptance fee, pleading fee and appearance fee, itemised — and for the court where the petition will be filed. Be wary of any lawyer who guarantees the decree, tells you that you will never need to appear in court, or suggests they can find a friendly judge or prosecutor. Each of those has been the subject of Supreme Court disciplinary action.

Can a lawyer guarantee that my annulment will be granted?

No. An annulment is decided by a judge on evidence, with the State appearing to oppose the petition. In Madria v. Rivera (A.C. No. 11256, 2017) a lawyer who guaranteed the decree ended up producing a forged decision and was disbarred.

What happens if my annulment decision turns out to be fake?

The consequences fall largely on you. In Madria the client relied on a forged decision, declared herself single and used it to renew her passport — and was then investigated by the NBI and charged under the Philippine Passport Act. The marriage also remains legally intact, so any later marriage risks being bigamous.

My lawyer took my money and never filed anything. What can I do?

File a complaint with the Integrated Bar of the Philippines, Commission on Bar Discipline. In Dongga-As v. Cruz-Angeles (A.C. No. 11113, 2016) the lawyers took ₱350,000, filed nothing in five months, were suspended for three years and were ordered to return the full amount.

How can I check that my case is real?

Ask for your case number and confirm with the Clerk of Court of the branch handling it that the case exists. At the end, order a fresh PSA copy of your marriage certificate yourself — a granted annulment appears there as an annotation.

Related reading

Contact Us

Ready to take the first step?

You can contact us via Call, Viber or WhatsApp at 0995-433-5550

or by email at vivasnobles@gmail.com

Call us Write to us WhatsApp Viber