Frequently Asked Questions

In the Philippines these are two distinct remedies. A declaration of nullity applies to marriages that were void from the very beginning — for example, those celebrated without a valid marriage license, bigamous marriages, or marriages where a spouse is psychologically incapacitated under Article 36 of the Family Code. An annulment applies to marriages that are valid until annulled (voidable), on grounds such as lack of parental consent for parties aged 18 to 21 at the time, fraud, or unsound mind, provided the petition is filed within the period allowed by law. We assess your situation to determine which remedy applies to you.

It varies with the court's docket, the complexity of the case, and whether it is contested. Many cases conclude within roughly one to three years. Cooperation between the parties, complete documentation, and the court's calendar all affect the timeline. We work to keep your case moving as efficiently as the process allows and keep you informed at each stage.

The total cost depends on the type of petition, the court and its location, professional fees, and expenses such as psychological evaluation and publication. Because every case is different, we discuss fees clearly and honestly during your consultation so you know what to expect before committing. You may also visit our Legal Fees page or contact us for a personalized estimate.

It is a ground for declaring a marriage void when a spouse is, for reasons already existing at the time of the marriage, truly unable to comply with the essential obligations of marriage. Following the Supreme Court's ruling in Tan-Andal v. Andal (2021), psychological incapacity is understood as a legal rather than strictly medical concept, and it need not be proven by a psychiatric diagnosis. It must, however, be shown to be grave, to have existed at the time of the marriage, and to be incurable in the legal sense.

A foreign divorce is not automatically recognized here. If you are a Filipino who was married to a foreign national, or in certain other situations recognized by current jurisprudence, a divorce validly obtained abroad may be recognized in the Philippines through a court petition for judicial recognition of foreign divorce. Once recognized, your civil status can be updated so that you are free to remarry. We handle these petitions, including proving the foreign law and the divorce decree as our courts require.

Philippine courts decide custody based on the best interests of the child. As a general rule, a child under seven years of age is not separated from the mother unless there are compelling reasons. For older children, courts weigh many factors, including the child's welfare and, where appropriate, the child's own preference. Custody and support arrangements can be addressed as part of, or separately from, an annulment or nullity case.

Yes. We offer consultations so you can explain your situation, get an honest assessment of your options, and understand the likely process, timeline, and costs before you commit to anything. You can reach us by phone, WhatsApp, or Viber to arrange one at a convenient time.

Beyond family law and annulment, we handle property and title transfer, labor and employment matters, corporate and retainer services, litigation, and administrative law. If you are unsure whether we can help with your concern, contact us and we will let you know or point you in the right direction.

In family law petitions such as annulment and nullity, the petitioner is generally required to testify, and personal appearance at certain hearings is usually necessary. The exact requirements depend on your case and the court. For clients working or residing abroad, we explain what is required and help you plan your appearances accordingly.

Our office is at The Garden Heights Condominium in Quezon City, Metro Manila. To get started, contact us by phone, WhatsApp, or Viber at 0995-433-5550, or email vivasnobles@gmail.com, and we will arrange a consultation to discuss your matter.