Filing in Pasig
Petitions for nullity or annulment go to the Family Court of Pasig where the petitioner or the respondent has resided for at least six (6) months before filing. Residence governs — not where the wedding took place, and not where the family originally comes from. The requirement must be alleged and proved, so assemble the barangay certification, utility bills, lease or title, and IDs bearing the Pasig address before filing rather than after a challenge.
The relief that matters while the case is pending
An annulment takes years; children and bills do not wait. Family Courts can grant provisional orders at the start of and during the case, and these are what most clients actually need first:
- SUPPORT PENDENTE LITE — support ordered while the case is pending, so the children are provided for before any decree;
- Provisional custody and visitation, with the tender-age rule applying: a child under seven is not separated from the mother absent compelling reasons;
- Protection orders where there is violence or harassment, which are available under RA 9262 independently of the annulment and much faster;
- Orders on the use of the family home and the administration of common property.
Property does not divide itself
A decree of nullity or annulment requires liquidation of the property regime — absolute community or conjugal partnership, depending on when you married and whether there was a marriage settlement. Skipping this is the most common reason people find, years later, that they still cannot sell or transfer the family home. The presumptive legitimes of common children must also be delivered before a party may remarry.
Frequently asked
Where do I file for annulment if I live in Pasig?
With the Family Court of Pasig, provided you or your spouse has resided in Pasig for at least six months before filing. Venue follows residence, not the place of the wedding.
Can I get support for my children while the case is ongoing?
Yes. The court may grant support pendente lite, which is support ordered while the case is pending, along with provisional custody and visitation arrangements.
Who gets custody of a young child during the case?
A child under seven is not separated from the mother unless the court finds compelling reasons, such as neglect, abuse, drug addiction, or unfitness.
Do I need to do anything after the decree before I can remarry?
Yes. The property regime must be liquidated, the presumptive legitimes of common children delivered, and the decree registered and annotated with the civil registrar and the PSA.