So you married someone you thought you'd spend the rest of your life with. But after a few years, reality reared its ugly head. Now you're trapped in a miserable, problematic marriage that can only be ended by an annulment.
But with the steep annulment cost in the Philippines, not everyone can afford it. Not to mention, the lengthy and oftentimes torturous process can take a toll on your mental and emotional well-being.
How much is an annulment in the Philippines, and how do you file for one? Learn more about it in this article.
What is Annulment?
An annulment legally decrees that a marriage is null and void.[1] A marriage is considered valid until declared void by annulment.
You can file for an Annulment of Marriage if the marriage is valid and meets the conditions that will legally annul the marriage.
Otherwise, you can file a Declaration of Nullity of Marriage. This is for marriages that are invalid or void right from the start because of certain conditions that were present even before the marriage took place.
Related: Signs You’re Not Ready for Marriage—Even if You Say You Are
What are the Grounds for Annulment of Marriage?
If the following causes exist or are present at the time of the marriage, they can be considered grounds for annulment:[2]
- Absence of parental consent
- Unsound mind
- Consent was obtained by fraud
- Consent was obtained by force, intimidation, or undue influence
- Impotence
- Sexually Transmissible Disease (STD)
What are the Grounds for the Declaration of Nullity of Marriage?
Meanwhile, the following are grounds for the Declaration of Nullity of Marriage, making a marriage void from the beginning:[3]
- One or both parties were below 18 years of age at the time of marriage
- Marriage was solemnized by someone who's not legally authorized to perform marriage rites
- No marriage license
- Bigamous or polygamous marriages
- Mistaken identity
- Subsequent marriages
- Psychological incapacity
- Incestuous unions
Read more: Marriage Contract in the Philippines: How to Get One After Saying “I Do”
How Much Does an Annulment Cost in the Philippines?
The total cost of annulment in the Philippines is approximately ₱130,000+ to ₱725,000. That’s if the other party will not contest the annulment.
If your spouse challenges the annulment, or if property or child custody are involved, annulment costs can reach up to a million pesos, or even more.
Here’s the breakdown of fees you’ll need to pay if you file for an annulment in the Philippines:
💸 Lawyer’s Acceptance Fee
Approximate cost: ₱100,000 to ₱600,000
The biggest chunk of the annulment cost in the Philippines goes to lawyer’s fees. The fees will vary depending on the lawyer's experience in handling annulment cases. More experienced and seasoned lawyers will charge more.
Moreover, compared to solo practitioners, big firms charge a higher rate, usually on a per-hour or fixed fee basis. Related issues like property, custody, and support also add to the cost.
💸 Psychological Evaluation Fees
Approximate cost: ₱25,000 to ₱100,000
The psychological evaluation consists of the professional fee, the psychological report, and the appearance of the psychologist/psychiatrist as an expert witness. The psychological report can cost anywhere between ₱25,000 and ₱100,000.
The professional fee and appearance fee will also vary depending on the venue of the case or the place of filing of the annulment case. Usually, it's around ₱2,000 to as much as ₱10,000 per hearing.
💸 Filing Fee
Approximate cost: ₱4,000 to ₱5,000
The biggest portion of the filing fee goes to the docket[4] fee. It usually costs around ₱2,800 for annulment cases that don't involve custody, property, or support.
Usually included in the filing fee is the Sheriff's fee. The Sheriff will handle all the official summons, notices, and other court papers for the annulment case.
💸 Miscellaneous Expenses
Approximate cost: ₱10,000 to ₱20,000
Miscellaneous expenses will cover additional professional fees, publication costs, regulatory costs, printing, mailing, transportation, and stenographic fees.
In a nutshell, here's how much an annulment costs in the Philippines:
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How to File for Annulment in the Philippines
Now that you have an idea of the annulment cost in the Philippines, here's how to file for one.
Step 1: Familiarize Yourself with the Annulment Process
To be prepared is half the victory, just like that famous quote says. If you’re 100% sure an annulment is what you need, find out all you can about it. There are many available sources with in-depth discussions on this topic online.
You can also ask your friends or family members who have gone through the process of annulment in the Philippines. Get an idea of what to expect emotionally, mentally, and financially.
This way, you can learn about the annulment process, as well as the annulment process timeline.
Step 2: Find a Good Lawyer
Your lawyer will make or break your case, so it’s very important you find a good one. But good lawyers don’t come cheap, so consider your budget as well.
Pick a lawyer you can trust. Choose one who's highly recommended. Avoid those who tell you from the get-go that you’ll be annulled in just six months, or that you don’t need to make an appearance in court.
Step 3: Prepare the Petition
After your initial consultation and contract signing with your lawyer, they will now prepare your petition.
If the ground for annulment is the other party’s psychological incapacity, you'll also need to undergo a psychological evaluation. You’ll take written tests to determine your personality and answer questions about yourself, your spouse, and your marital history. Your lawyer will also ask for witnesses' testimonies that will support the grounds for psychological incapacity.
Step 4: File the Petition
After psychological evaluation, your lawyer will draft the petition and submit it for your approval. Once it's finalized, your lawyer will file it in the Family Court where you or your spouse have been residing for the last six months. You’ll need to pay docket fees for this.
The petition will then be assigned to a judge by raffle.
Step 5: The Court Process Will Commence
Once a judge is assigned to your petition, the pre-trial will begin. There will be a collusion investigation to establish that you and your spouse didn't fabricate or concoct the grounds alleged in the petition, or that you didn't agree on the dissolution of your marriage and manufacture evidence.[5]
You’ll be presented as a witness during the actual trial, along with your psychologist and one more witness, after which your lawyer will file a Formal Offer of Documentary Evidence. The other party will also present their witnesses and File a Formal Offer of Evidence.
Step 6: The Court Will Grant or Deny the Petition
After the trial, wait for the court’s decision. If the petition is denied, you have 15 days to file a motion for reconsideration (for a new trial or to appeal the decision). If the petition is granted, you need to register the Decree of Annulment or the Declaration of Nullity within 30 days of receiving the court decision.
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Related article: Getting Married in 2024? Here Are the Best Personal Loans for a Wedding
How to Save on Annulment Costs in the Philippines
There’s no denying that annulment in the Philippines is a lengthy and pricey endeavor. The longer the process drags on, the more expensive it gets.
Here are some things to consider before you file that petition:
👉 Look for Good Lawyers or Law Firms
Experienced lawyers know what they’re doing. They can help you save money in the long run since you don’t have to refile, revise, or resubmit important documents every time.
👉 Go for Law Firms with Flexible Payment Plans
Some law firms in the Philippines offer pricing schemes and flexible billing systems to help those who are on a budget. Usually, they also offer a flat fee for their professional services, psychological reports, clinical evaluations, and court filings.
👉 Consider Hiring a Solo Practitioner
Or skip the big guns and go for a solo practitioner. They usually charge a lower fixed fee compared to the usual hourly rates of lawyers from big law firms.
👉 Avoid Fixers
Yes, there are people who capitalize on other people’s heartbreak and misery. Don’t get scammed. Make sure that your lawyer is on the lawyer’s list of the Supreme Court of the Philippines.[6]
👉 Save Up for It
The annulment cost in the Philippines is no joke. The fees can easily balloon to hundreds of thousands of pesos. Set aside a fund for it so you won’t feel financially burdened.
Should you need to have your marriage dissolved ASAP, consider applying for a personal loan. Settle the major fees upfront and start the annulment process while paying for it in affordable monthly installments.
Annulment Cost in the Philippines: FAQs
1. How long is the process of annulment in the Philippines?
The entire annulment process can take as short as six months to as long as four years.
Various factors affect the length of the annulment process in the Philippines. For example, the court handles plenty of other cases, the judge is unavailable on your hearing dates, or the other party wants to contest the annulment case.
2. What is the fastest way to get an annulment in the Philippines?
There is no option to expedite the process of annulment in the country. The divorce bill bans "quickie, notarial, email, and other speedy drive-thru" divorces.
Beware of annulment scammers on social media that offer quick rulings without the need for a court appearance. Such an offer is likely to be fake.[7]
3. Is there an annulment process in the Philippines without appearance?
No, you need to make an appearance during pre-trial and your scheduled testimony. If you fail to show up at pre-trial, your annulment petition will be dismissed, unless your lawyer can present a valid excuse for your non-appearance.
4. Is there a cheap annulment or free annulment?
Some private law firms in the Philippines reduce their rates for indigent clients seeking annulment. However, this is still subject to review.
You can also visit the Public Attorney’s Office,[8] which offers free legal advice and assistance on documentation, preparation of affidavits, pleadings, petitions, and motions for annulment cases.
5. How soon can you get married after getting annulled?
You need the Decree of Annulment first. Without this, your marriage―should you get married again―will be considered invalid.
To get the Decree of Annulment, you need to file the Entry of Judgement
at the Local Civil Registrar where your marriage was recorded or solemnized and at the Local Civil Registrar of the RTC Court that granted the petition for declaration of absolute nullity or annulment of marriage.
6. What happens to conjugal properties after annulment?
There will be an inventory of properties purchased individually and as husband and wife. If there are any existing debts or outstanding financial obligations, these will be deducted from conjugal properties as well. Properties will be liquidated or distributed depending on the settlement, either through Absolute Community of Property or Conjugal Partnership of Gains.
7. How much does a divorce cost in the Philippines?
Divorce is a legal decree that ends a marriage. There is no data about the cost of divorce because it's still illegal in the country—at least for now.
In June 2024, the House of Representatives transmitted House Bill No. 9349, or the Absolute Divorce Bill, to the Senate.
Per the divorce bill, an absolute divorce law is constitutional and is not against the Catholic faith. Under the proposed law, the divorce process should be "expeditious, reasonable, and inexpensive." This makes it an alternative to the expensive and lengthy process of annulment or legal separation.
8. What is legal separation in the Philippines?
Legal separation is another option for couples who want out of a broken marriage. In a legal separation, a couple can live and own assets separately.
That said, legally separated couples can't remarry. Since their marriage was not annulled, their marriage is still valid.[10]
Read more:
- How to Know if You and Your Partner are Financially Compatible
- Should You Manage Money Jointly? How to Manage Finances for Couples
Final Thoughts
Getting an annulment is certainly a long, tedious, stressful, and often emotional process. The cost of annulment in the Philippines can also seriously impact your finances.
Don’t have the funds to finance your annulment? You don't have to be stuck with your spouse for the rest of your life, unhappy and miserable. Consider getting a personal loan to deal with the fees. When you don’t have to worry about money, you’ll feel less stressed and overwhelmed by the whole process.
Compare your options and apply via Moneymax:
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Sources:
- [1] Divorce Law FAQs (Justia)
- [2] Grounds for Annulment of Marriage in the Philippines (Philippine e-Legal Forum, 2020)
- [3] Grounds for the Declaration of Nullity of Marriage in the Philippines (Philippine e-Legal Forum, 2020)
- [4] Docket (Legal Information Institute, Cornell Law School)
- [5] Collusion probe necessary in petition to nullify marriage (The Manila Times, 2015)
- [6] Lawyers’ List (Supreme Court of the Philippines)
- [7] 'We want to be free': Filipinos demand right to divorce (Philstar.com, 2023)
- [8] Public Attorney’s Office
- [9] House-approved Absolute Divorce Bill transmitted to Senate (ABS-CBN News, 2024)
- [10] Legal Separation (SAKLAW Ph)
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