ANNULMENT 101: Philippine Annulment Law Made Easy
ISSUES AFTER THE ISSUANCE OF ANNULMENT DECISION
Am I allowed to get married immediately after issuance of the Court
Decision on my annulment case?
GTALAW: Not too fast. The Law says that you have to wait for the
issuance of the Decree of Annulment. Otherwise, your second married is
Q. The Court has already issued a Finality of Judgment on my
Annulment case. Apparently, the Solicitor General did not file an Appeal
to the Court of Appeals anymore. Can I get married already? How do I get
the Decree of Annulment?
GTALAW: Not yet. The New Rule says that you have to register the
Entry of Judgment in the Local Civil Registrar of the place where your
marriage was solemnized and in the Local Civil Registrar of the Place
where the RTC Court which issued the Entry of Judgment is located. If
you can show proof to the RTC Court the that registration of the Entry
of Judgment in the Local Civil Registrar has been done, it will issue
you a Decree of Annulment.
Q. My lawyer told me that before I can get married again, I
also need to
show proof to the RTC Court that our common properties mentioned in
the Decision have been transferred in the name of our children. Is this
GTALAW: Yes, your lawyer is correct. The law says that partition
and distribution of the properties of the spouses and the delivery of
the children's presumptive legitimes shall be recorded in the
appropriate civil registry and registries of property. Otherwise, your
second marriage is also void.
Q. What are the effects of the annulment of my marriage in so
far as our common properties, inheritance, and children are concerned?
GTALAW: The effects are as follows:
1. Children conceived or born before the issuance of the Entry of
Judgment shall be considered legitimate.
2. The spouse who contracted the marriage in bad faith, his or her share
of the net profits of the community property or conjugal partnership
property shall be forfeited in favor:
a. of the common children; or
b. if there are none, the children of the guilty spouse by a previous
c. in default of children, the innocent spouse;
3. The innocent spouse may revoke the designation of the other spouse
who acted in bad faith as beneficiary in any insurance policy, even if
such designation be stipulated as irrevocable; and
3. The spouse who contracted the subsequent marriage in bad faith shall
be disqualified to inherit from the innocent spouse.
:: Related Topics
Lesson I: Annulment of Marriage
Lesson II: Declaration of Nullity of
Lesson III: Issues About Marriage License
Lesson IV: Issues About Psychological Incapacity
Lesson V: Court procedure and evidence to prove psychological
Lesson VI: Solutions for Petitioners Working Overseas
Lesson VII: Issues after the issuance of Annulment Decision
Lesson VIII: Divorce obtained by former Filipino citizens
Lesson IX: Our Fee Structure