Process for Annulment When Both Spouses Are Abroad (Philippines) A comprehensive guide for Filipinos living overseas

1. Why this matters

Because the Philippines (and Vatican City) remain the only states without a full civil-divorce law, civil annulment (or a declaration of nullity) is still the main judicial exit from a valid Filipino marriage. When both spouses have already emigrated—or when one is an Overseas Filipino Worker (OFW) and the other left later—every ordinary step (filing, service of summons, testimony, evidence, PSA annotation) becomes harder. Yet the core rules remain the same: the Family Code and the special “Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages” (A.M. No. 02-11-10-SC, 2003 as amended), applied by designated Family Courts (Regional Trial Courts).

2. Key legal framework

Instrument	Relevance
Family Code of the Philippines (E.O. 209, 1987; esp. Arts. 35-45, 52-53)	Grounds, effects, property consequences, legitimation of children
A.M. No. 02-11-10-SC (effective 15 Mar 2003)	Pleading format, verified petition, prosecutor’s role, psychologist’s report, required collaterals
Rules of Court, 2019 amendments (Rule 13 on service, Rule 14 on summons, Rule 23 on depositions)	Authorises extraterritorial service, electronic summons, videoconference depositions
Supreme Court doctrinal cases — Santos (1995), Republic v. Court of Appeals & Molina (1997), Tan-Andal v. Andal (G.R. 196359, 11 May 2021)	Defines psychological incapacity (Art. 36) and relaxed proof requirements
Rule on Remote/Video Conferencing for Courts (OCA Circulars 2020–2024)	Allows live testimony from Philippine embassies, consulates, or even a litigant’s overseas residence when authorised
Apostille Convention (PHL acceded 14 Sept 2019)	Replaced consular authentication; critical for notarised affidavits and foreign public documents

3. Choosing the proper remedy

Remedy	Ground	Who may file	Statute-barred?
Declaration of nullity	Marriage void ab initio (e.g., no licence, no authority of solemnising officer, psychological incapacity, bigamous, under 18, incestuous)	Either spouse or the State (through the prosecutor)	Never prescribes
Annulment of voidable marriage	Fraud, force/intimidation, impotence, STDs, lack of parental consent (18–21), insanity	Injured spouse (or parents/guardian if ground is minority)	4- or 5-year prescriptive periods (Arts. 47-48)
Recognition of a foreign divorce	Valid divorce abroad obtained by either spouse, at least one of whom is no longer Filipino (under Republic v. Manalo, 2018)	Filipino spouse (even if he/she filed the foreign divorce)	None

Tip: If either spouse already became a foreign citizen and secured a divorce abroad, a Rule 39 recognition petition is usually faster and cheaper than starting a fresh annulment case in the Philippines.

4. Where to file when both parties are outside the Philippines

Exclusive jurisdiction remains with Philippine Family Courts (Regional Trial Courts).
Venue options under Sec. 4, A.M. 02-11-10-SC:
- (a) Where the petitioner resides (if still maintains a bona fide residence in the Philippines);
- (b) Where the respondent resides (same caveat); or
- (c) Where the spouses last cohabited in the Philippines. If both no longer maintain a residence, option (c) is the default.
The petition may be filed through counsel in the Philippines—personal appearance at filing is not required.

5. Drafting and filing the petition from abroad

Step	Practical note for overseas parties
Retain Philippine counsel	Grant a Special Power of Attorney (SPA) either notarised before the local notary then apostilled, or acknowledged at the nearest Philippine Embassy/Consulate.
Gather civil registry documents	PSA-issued (SECPA) marriage certificate, birth certificates of children, CENOMARs. If original PSA copies are mailed abroad, have them apostilled in Manila before shipping, or instruct a relative to do so.
Psychological evaluation (if alleging Art. 36)	May be conducted online. Courts accept reports prepared via secure video interviews, provided the psychologist explains methodology and credentials.
Verification & Certification Against Forum Shopping	Must be signed by petitioner personally. Sign before a foreign notary public, then apostille; or sign at Consulate.
Filing fees	Counsel files and advances fees. No property values are alleged, so docket fees are usually ₱10 000–₱15 000 (may vary).

6. Serving summons and notices on a respondent outside the Philippines

Modes allowed:
- Personal service abroad by any competent person 18 +, authorised by the court (Rule 14 §15).
- Courier or email with court leave (Rule 14 §5, §14), now increasingly granted.
- Service through Philippine diplomatic officials (letter rogatory not always required post-Apostille).
- By publication plus registered mail to last known address, only as last resort.
Proof of service must include either the competent person’s affidavit with delivery receipts, or a consular certificate of service.

7. Presenting testimony and evidence while abroad

Option	Mechanics	Caveats
Videoconference testimony	Court issues order; witness appears in real time from embassy/consulate, or from counsel’s office overseas if identity can be verified.	Must submit two IDs in advance; embassy certifies environment.
Deposition upon written interrogatories (Rule 23)	Notary abroad acts as deposition officer; cross-written questions from prosecutor allowed.	Useful if witness’s time zone makes live hearings impractical.
Judicial affidavit rule	Direct testimony in affidavit; witness still cross-examined via video.	Affidavit must be notarised/apostilled.

8. Documentary evidence frequently required

PSA or NSO certificates (marriage, births).
Immigration records (passport pages, visas) to prove continuous absence, if residency is disputed.
Correspondence (emails, chats) showing abandonment, fraud, or incapacity.
Psycho-test results and psychologist’s sworn report (Art. 36).
Financial or medical records when alleging impotence, STDs, or unsound mind.

All foreign documents must bear an Apostille (or, in rare non-Apostille states, consular legalisation) and, if not in English/Filipino, be accompanied by a sworn translation.

9. Role of the public prosecutor & guardian ad litem

Even with parties abroad, the Office of the Solicitor General (OSG) through the public prosecutor still appears ex officio to:

Investigate collusion (mandatory investigation report).
Cross-examine witnesses and oppose weak petitions.

If there are minor children, a guardian ad litem (typically a social worker) must submit a Child and Family Report; this can be done via interviews by Zoom.

10. Typical timeline when both spouses are abroad

Phase	Approx. duration*
Drafting, SPA, document apostille	2 – 4 months
Filing → issuance of summons	1 – 2 months (longer if judge insists on paper service)
Pre-trial, collusion investigation	3 – 6 months
Presentation of evidence	3 – 9 months (depends on videoconference slots)
Submission for decision	1 – 2 months
Decision to finality (no appeal)	15 days if State does not appeal; add 30-45 days if motion for reconsideration filed
TOTAL	≈ 18 – 36 months

*Real-world averages; uncontested psychological-incapacity cases with cooperative OSG sometimes finish under 18 months.

11. Costs to expect (ballpark, in Philippine pesos)

Item	Low	High
Attorney’s professional fees	150 000	500 000+
Filing & court fees	10 000	20 000
Psychologist’s evaluation	25 000	75 000
Apostille, courier, notarial expenses	5 000	30 000
Misc. (transcripts, videoconference tech)	10 000	25 000

A favourable ruling rarely orders the other spouse to reimburse costs.

12. Effects after an annulment or nullity decree becomes final

Civil status: both parties return to “single” (nullity) or are deemed unmarried from finality date (annulment).
Property regime: absolute community/conjugal partnership dissolved; liquidation and partition follow Articles 50-52 and 147-148.
Children:
- In void marriages, legitimate if at least one parent was in good faith; otherwise “illegitimate” but with full compulsory-heir rights (Art. 50, Tan-Andal clarified legitimacy rules).
- Custody and support orders often included.
PSA annotation: secured through a motion after finality; certified copies of decree transmitted to PSA by the clerk of court.
Freedom to remarry: allowed once PSA issues the annotated marriage certificate; civil registrar abroad may also require it.

13. Recognition/enforcement issues abroad

Host country acceptance: Some countries (e.g., UAE, Qatar) require the Philippine decree to be foreign-judgment-recognised locally before their courts will update your civil records.
Dual citizens: If you naturalised abroad and retained Philippine citizenship, Philippine annulment is still necessary for Filipino legal purposes (e.g., inheritance, property in the Philippines).
Divorce first, annulment later: A foreign divorce decree may also be recognised in PH, but if both spouses are still Filipino nationals that divorce has no effect in PH; you still need annulment or nullity.

14. Common pitfalls for overseas petitioners

Pitfall	How to avoid
Unsigned or improperly apostilled pleadings	Use the local Apostille authority; remember the Hague seal.
Summons rejected by foreign courier	Verify respondent’s exact address; request court leave for email service as backup.
Psychological report too generic	Pick a psychologist who quotes Tan-Andal guidelines and links traits to the marriage.
Failure to appear at scheduled video hearings	Synchronise time zones (Philippine courts usually work 8 AM–4 PM PHT).
Thinking recognition of foreign divorce is automatic	A special proceeding must still be filed in a Philippine court.

15. Practical checklist

Hire a Philippine family-law specialist before leaving or immediately after deciding to file.
Execute and apostille an SPA empowering counsel to sign pleadings and compromise.
Secure PSA documents early; COVID-era backlogs are largely cleared but overseas shipping still takes weeks.
Arrange stable internet and a quiet venue for future Zoom hearings.
Budget realistically—fees abroad (apostille, courier) are quoted in local currency and often higher.
Keep open communication; unserved notices or missed hearings can lead to dismissal.

16. Frequently asked questions

Question	Short answer
Can I file from my host country’s courts?	No. Only Philippine Family Courts can dissolve a marriage between two Filipinos (unless one is no longer Filipino and obtained a valid foreign divorce).
Must we both agree?	No. Collusion is actually prohibited; the court must see independent evidence.
Will I lose my visa tied to my spouse?	Depends on host-country immigration rules; Philippine annulment does not change foreign-law marital status unless recognised locally.
Is church annulment enough?	A Catholic Church decree of nullity has no civil effect; a separate civil case is required.
Can everything be done online?	Almost—filing and some submissions still need wet signatures, but the Supreme Court’s videoconference hearings policy now covers all stages except oath-taking for notarised documents.

17. Conclusion

Annulment (or declaration of nullity) while both spouses are abroad is entirely feasible, but it demands meticulous compliance with Philippine procedural rules and the technicalities of cross-border service, notarisation, and evidence presentation. Early coordination with Philippine counsel, strategic use of videoconferencing, and strict observance of Apostille formalities are the keys to avoiding costly delays. Because individual facts—grounds, evidence strength, children’s welfare, potential property disputes—drive outcomes, always secure tailored legal advice before taking irreversible steps.

This article is for general information only and does not create an attorney-client relationship nor constitute legal advice. Consult a qualified Philippine family-law practitioner for specific guidance.