Love on the rocks: The cost of having your marriage annulled

In the absence of divorce in the Philippines, the only country in the world without such a law, the only option for couples who tied the knot and became disillusioned – for whatever reason – is annulment.

 

Sixty percent or six out of 10 Filipinos favor the legalization of divorce, but passing a divorce bill in Congress may take ages if not totally impossible. One such measure is House Bill 4408, authored by Representatives Luz Ilagan and Emmi de Jesus and filed in May 2014. As of this posting, however, the bill is still languishing in the House Committee on Population and Family Relations.

 

But an annulment is expensive. 

 

“Parties seeking annulment… require legal counsel for assistance in filing petitions and substantiating claims. Hence, annulment is widely considered a lengthy, tedious, and financially exhaustive procedure,” Senator Loren Legarda said in May 2014.

 

Over the last 10 years to 2012, the number of annulments and nullity cases has been on the rise. According to the Office of the Solicitor General, 10,528 cases were filed in 2012 or an average of 28 a day. This compares with 9,133 cases in 2011 and 5,250 in 2002.

To know more about the legal and financial aspects of annulment read on.
 

 

What is an annulment?

 

An annulment of marriage declares the legal and formal union of a man and a woman no longer valid.

 

This is different from a declaration of nullity which applies to marriages that are void from the start, like the marriage between parties below 18 years old (even with parental consent), bigamous or polygamous marriages, lack of authority of the solemnizing officer, or the absence of a marriage license.

 

An annulment is also different from legal separation – another legal remedy for couples suffering from a problematic marriage. In a legal separation the couple is allowed to live apart and separately own assets. But legally separated couples are not permitted to remarry and could be charged with adultery or concubinage if caught with another partner.

 

What are the grounds for annulment?

 

 

 

How much is the cost of having your marriage annulled?

 

The major fees in an annulment process are:

 

Filing fee: Up to P10,000. The first step is filing for a Petition for Annulment of Marriage before an Office of the Executive Clerk of Court of a Regional Trial Court of the province or city in which you are a registered resident over the last six months. The filing fee may be under P10,000 if no properties are involved.

 

Acceptance fee: At least P100,000. This is the fee a law firm will charge against your account for taking in your case. “Small firms usually charge a P100,000 acceptance fee,” says lawyer Kitzi Purugganan, a Manila-based legal consultant. “Bigger firms can charge up to three times that.”

Pleading fees: P5,000 to P10,000 each (P100,000 total). Pleadings are the documents you submit in court, such as petitions, pretrial briefs, judicial affidavits, and others. Expect to have at least 10 pleadings, says Purugganan.

 

Appearance fees: P5,000 to P10,000 (P70,000 total). An appearance is when the lawyer actually goes to court for a scheduled hearing. 

“In my experience, at least 7 appearances are needed for an annulment. That’s...  a conservative estimate,” notes Purugganan.

 

Medical/psychiatric fees: P10,000. In the Philippines, psychological incapacity is one of the most common grounds cited in annulment cases. You will need a medical report from a doctor or psychiatrist to use in court as proof of psychological incapacity. 

 

“It’s best to get the doctor or psychiatrist to testify in court as well,” says lawyer Joyce Domingo-Dapat of the Law Offices of Domingo Munsayac and Associates in a Google Plus post.

 

There are other costs not listed here, such as publication, transcript of records, and other miscellaneous fees.

 

At the very least, prepare “a budget of P165,000 to P200,000, all inclusive of costs,” says Alexander Llanes Acain Jr., managing partner at Guzman Tañedo & Acain Law. The amount can skyrocket if the process drags on or you are not able to satisfy the requirements of the court, leading to more pleadings and appearances that will definitely incur more fees.

 

In Malaysia a joint petition for divorce costs RM2,500 to RM5,000 (P30,590 to P61,000) and takes only three to six months.

 

Ilagan’s divorce bill, should it pass, promises that a divorce will be 30 percent to 40 percent cheaper than an annulment.
 

 

 

How long does it take to annul your marriage?

Lawyer Domingo-Dapat says an annulment won’t take less than three months, but the shortest she actually knows took eight months. 

 

“The processing time depends on the place where you will file the case. For instance in Quezon City, it will take 3 to 5 years to conclude a nullity of marriage case. While in Makati, Caloocan, Pasay, and, Pasig, it will take around 2 years,” says Acain.

 

He adds that processing time may take even longer if there are complications, especially if properties and custody of children are involved. Logic dictates that the longer the process goes, the more expensive it will be.

 

While it is illegal for a man and a woman to jointly agree to nullify their marriage, Acain says there are ways to make sure the process goes smoothly. The parties are not prohibited to enter into a compromise in so far as properties and child custody are concerned. "I suggest that parties should agree on these matters before proceeding with the Nullity of Marriage,” he says.

 

Everybody pines for an ideally long and happy marriage. Sadly, not everybody gets to have it. 

 

Annulment may be the only legal way out for Filipinos wishing to dissolve their marriage. But the legal, emotional and psychological costs may be too high. 

 

So before you say, "I do," and put on that ring, make sure you are marrying the right guy or gal; and that you are decidedly sure you'd want to make the union last. 

This article is an iMoney evaluation of the fees involved in having a marriage annulled in the Philippines.
 

 

In sum here's a list of what it takes to have your marriage annulled: