Nullity of Marriage Lawyer in Quezon City

Understand which remedy fits the facts

Declaration of nullity concerns a marriage that is void from the beginning under the applicable law. Annulment concerns a voidable marriage: one that remains valid unless annulled by a court. These remedies have different grounds and requirements. The everyday use of the word annulment does not determine which petition is appropriate.

An assessment starts with how the marriage was celebrated, the circumstances before and during the relationship, and the documents available. Separation or agreement between spouses, by itself, does not establish a ground for nullity.

Psychological incapacity requires evidence

Article 36 of the Family Code addresses psychological incapacity to comply with essential marital obligations. In Tan-Andal v. Andal, the Supreme Court clarified that this is a legal concept, rather than a medical diagnosis. Expert testimony is not invariably required, but the case still needs clear and convincing evidence.

The inquiry concerns a serious incapacity existing at the time of marriage, even if it became apparent later. Ordinary disagreement, unhappiness, or refusal to cooperate does not automatically satisfy the legal standard. Specific events, reliable records, and witnesses with personal knowledge matter more than labels.

What to prepare for a private consultation

You do not need to arrive with a completed case file. Begin with an honest chronology, including facts that may be difficult to discuss. We can identify which additional records are relevant and how they should be obtained.

• A marriage certificate and any available marriage records.
• A timeline covering courtship, marriage, separation, and significant events.
• Relevant communications and names of witnesses with firsthand knowledge.
• Information about children, support arrangements, and property concerns.
• Copies of any existing petitions, orders, or related proceedings.

Prepare for the proceeding and its consequences

If a petition is appropriate, preparation includes reviewing the evidence, identifying the proper court and venue, and explaining the stages of the case. Proceedings involve court requirements and State participation; a private agreement cannot replace judicial scrutiny.

Children, support, property, and existing orders may require separate attention. A favorable decision also involves finality and registration requirements. We discuss these issues alongside the petition so that the conversation addresses your circumstances as a whole. Fees and the scope of representation are agreed before an engagement begins.