Applying for Marriage Annulment When Both Parties Have New Families in the Philippines

Quick orientation: In Philippine law, “annulment” (voidable marriages) and “declaration of nullity” (void marriages) are different. Many cases popularly called “annulment” are actually petitions for declaration of absolute nullity (e.g., psychological incapacity). The correct remedy depends on the ground.

1) Why this situation is tricky

When spouses separate informally and both start new families (with or without civil or religious remarriage), several legal layers overlap:

Criminal exposure: Marrying again without a prior court decree and registration can constitute bigamy. Consensual cohabitation with a new partner is not a crime by itself, but sexual relations outside marriage may lead to adultery (for the wife and her partner) or concubinage (for the husband and his partner) upon complaint by the offended spouse.
Property collisions: Assets earned while the first marriage still legally exists can be pulled into the conjugal/absolute community—even if acquired with a new partner. Conversely, assets with the new partner are often treated under Articles 147 or 148 of the Family Code (cohabitation property rules), which can mean complicated split-ups.
Children’s status: Children from the first marriage generally remain legitimate. Children from the new relationships are typically illegitimate unless and until a valid marriage and specific legal conditions change their status (legitimation has strict prerequisites; adoption is often the practical fix). Children born of a void marriage under Article 36 (psychological incapacity) are considered legitimate.

A court decree—and proper civil registry annotation—is the legal “reset.” Without it, rights, liabilities, and future remarriage remain at risk.

2) Annulment vs. Declaration of Nullity vs. Legal Separation

A. Declaration of Nullity (Void Marriages)

These marriages are void from the beginning (as if no marriage existed), but you still need a judicial declaration to settle civil records and effects. Common void grounds include:

Psychological incapacity (Art. 36). It is a legal concept, not strictly medical; expert testimony can help but is not required. Incapacity must be grave, antecedent, and incurable to perform essential marital obligations.
Bigamous/polygamous marriages (no valid exception).
Marriages void for lack of a license (with narrow statutory exceptions).
Incestuous or against public policy (e.g., certain degrees of relationship).
Underage without valid emancipation at the time of marriage.
Mistake in identity of a spouse.

Children’s status:

Under Article 36 (psychological incapacity): children are legitimate.
Under most other void grounds: children are illegitimate.

Property: generally co-ownership rules apply, not conjugal/ACP (with nuances).

B. Annulment (Voidable Marriages)

The marriage was valid until annulled. Grounds include: lack of parental consent (18–21 at the time), insanity, fraud, force or intimidation, impotence, sexually transmissible disease, etc. Strict time limits apply (often five years from discovery or cessation of the defect; insanity has separate rules). Children remain legitimate. Property is liquidated as ACP/CPG depending on your property regime.

C. Legal Separation

Spouses remain married (no remarriage) but are allowed to live separately; property is separated and certain disqualifications attach. This does not cure the “new family” problem if remarriage is desired.

3) Jurisdiction, Venue, and Parties

Court: Regional Trial Court (RTC) Family Court.
Venue: Where either spouse has resided for at least six months prior to filing; if respondent is a non-resident/unknown, file where petitioner resides.
Parties: The filing spouse is the petitioner; the other is the respondent. The Office of the Solicitor General (OSG) is a mandatory party; a public prosecutor appears to investigate collusion.

4) Procedure—What to Expect

Case theory & ground selection. Identify whether facts fit void (e.g., Art. 36) or voidable grounds. Having new partners is not a ground by itself.
Gather documents. Typically:
- PSA-certified marriage certificate; CENOMAR(s) as needed
- PSA birth certificates of children (for custody/support issues)
- Evidence for the ground (letters, messages, sworn statements, medical/psychological records, testimonies from relatives/friends, proof of behavior before and during marriage)
Verified petition (facts, ground, reliefs).
Docket fees and raffling to a Family Court branch.
Summons to the respondent; if unlocatable, service by publication may be allowed.
Prosecutor’s collusion investigation. The court ensures the case is not fabricated.
Pre-trial & court-annexed mediation (for support, custody, visitation, property), not for the existence of the marriage.
Trial: Petitioner’s witnesses and documentary evidence; respondent may oppose. Psychological evaluation is optional; the Supreme Court recognizes Art. 36 as a legal (not purely clinical) incapacity.
Decision: Petition granted or denied.
Post-judgment steps (critical):
- Entry of Judgment (after lapse of appeal period).
- Decree and civil registry annotation (Local Civil Registry where the marriage was recorded and at the PSA).
- Update IDs/records as needed (SSS, PhilHealth, GSIS, bank, titles).
- Only after annotation should you secure a fresh CENOMAR/Advisory on Marriages in preparation for any future marriage.

Important: A favorable decision alone is not enough; annotation and finality are what clear the path to lawfully remarry.

5) Special Issues When Both Spouses Already Have New Families

A. Bigamy risk and remarriage timing

If either spouse remarried (civilly or religiously) before a final court decree on the first marriage, criminal bigamy exposure exists. Philippine jurisprudence consistently warns that you must secure a judicial declaration of nullity/annulment first; a later decree generally does not retroactively cure the crime. Seek individualized counsel on defense theories if a case already exists.

B. Adultery/concubinage exposure

These are private crimes—they require a complaint by the offended spouse. In practice, mutual new relationships sometimes deter complaints, but the risk remains until status is regularized.

C. Property tangles across three spheres

First marriage property regime (ACP/CPG): Income and properties acquired during the subsisting marriage can fall into the marital property—even if one spouse acquired them with a new partner.
Cohabitation with new partner:
- Article 147 applies when both parties are free to marry (not your case while the first marriage subsists).
- Article 148 applies when one or both are disqualified to marry (e.g., still married). Only properties actually contributed by each are co-owned (no presumption of equal shares). If one is in bad faith, his/her share may be forfeited in favor of common children and/or the innocent party.
Creditors and tax: Expect due diligence from banks and buyers; unresolved marital status can cloud titles and transactions.

D. Children from the new families

Filiation: Typically illegitimate while the first marriage subsists. They are entitled to support and inherit from their parents (but not through legitime shares equal to legitimate children).
Surname: By default, use the mother’s surname. They may use the father’s surname if paternity is acknowledged and statutory requirements are met (affidavit/acknowledgment; civil registry processes).
Legitimation: Usually not available if the parents were disqualified to marry at conception/birth.
Adoption is a frequent solution for status alignment within new families after the first marriage is dissolved.

E. Custody, support, and parental authority

Custody is decided by best interest of the child. Children under seven are generally with the mother unless there are compelling reasons.
Support obligations to all children (legitimate or illegitimate) continue, pegged to necessity and parental resources.
Parental authority can be adjusted by the court; joint arrangements and detailed visitation schedules are common.

6) Evidence Tips for Psychological Incapacity (Art. 36)

Focus on behaviors showing inability to assume essential marital obligations (not mere difficulty or refusal), with indicators existing before and during the marriage, and incurable or resistant to treatment.
Useful sources: court-admissible testimonies (spouse, relatives, close friends), contemporaneous writings (emails, journals), records (employment, medical, school), and expert opinion (optional but often persuasive when anchored to facts).

7) What reliefs to ask for in the petition

Nullity/annulment of marriage.
Custody orders, visitation, and travel permissions for minors.
Child support (and, where allowed, spousal support pendente lite).
Property liquidation and partition (ACP/CPG) or allocation under Art. 148.
Protection orders if there are threats or violence.
Attorney’s fees and costs as warranted.
Restoration of maiden name for the wife (if desired and applicable).
Annotation orders to the Local Civil Registry and PSA.

8) Timeline and cost expectations

These cases are fact-intensive. Duration varies widely based on docket congestion, service of summons, opposition, availability of witnesses, and OSG participation.
Costs include filing fees, publication (if needed), expert or psychological reports (optional), and professional fees. Courts may grant pauper litigant privileges upon proof of indigency.

9) After the decree: regularizing the new families

Obtain Entry of Judgment and the Decree.
Annotate the marriage record at the Local Civil Registry and PSA.
For those who wish to remarry, ensure the PSA issues an updated Advisory on Marriages/CENOMAR reflecting the annotation; then follow standard marriage license procedures.
Update property and beneficiary designations (SSS, PhilHealth, Pag-IBIG, insurance, banks).
Consider adoption or other measures (e.g., new wills, legitime planning) to align children’s rights with family plans.

10) Practical strategies when both already have new partners

Coordinate filings: Simultaneous or sequential petitions can streamline downstream property and custody negotiations.
Mediation first: Even before filing, try private settlement frameworks for custody, support, visitation, and property to narrow issues for court.
Document contributions: For assets with new partners, keep proof of actual contributions (especially under Art. 148).
Avoid self-incrimination: Be cautious with public posts or admissions regarding second marriages or cohabitation while the first marriage is intact.
Protect the children: Stabilize support and routines early; courts prioritize their welfare, and cooperation is viewed favorably.

11) Frequently asked questions

Q1: Can we “fix” this by marrying our new partners now and filing the case later? No. Remarrying (civil or religious) before a final decree and annotation risks bigamy and civil complications.

Q2: Do we both have to file? No. Either spouse can file. The court decides based on evidence, not on mutual consent.

Q3: Do we need a psychologist? Not always. For Art. 36 cases, psychological reports are helpful but not mandatory. The court evaluates facts showing legal (not merely clinical) incapacity.

Q4: Will our new children be affected by the case? They won’t be made legitimate just by winning a case (except specific rules under Art. 36). They keep rights to support and succession from their parents. Explore adoption or other lawful avenues if desired.

Q5: Can we divide properties privately and skip the court? You may agree on division for practicality, but if those properties are tied to the marital regime or Art. 148 co-ownership, a court-sanctioned liquidation/partition (or at least a compliant deed) is safer and often necessary for enforceability and land registration.

12) Key takeaways

Having new families is not a legal ground for annulment/nullity. You must fit within statutory grounds.
A court decree + annotation is the only safe path to remarry and settle property and child-related issues.
Until then, you face criminal, property, and succession risks.
Prepare a fact-driven case, emphasize children’s welfare, and use mediation to narrow disputes.

Final note

This article provides general legal information for the Philippine context. Specific facts can change outcomes. For tailored advice, consult a Philippine family-law practitioner with your documents (PSA records, timelines, and evidence).