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    Check List of Requirements For Petition of Annulment:Declaration of Nullity of Marriage

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    achillesten
    This document outlines the requirements and process for filing a petition for annulment or declaration of nullity of marriage in the Philippines. It lists the necessary documents, including names and addresses of parties, marriage and birth certificates, psychological evaluations, and documents proving six months of residency. It also provides a timeline of the filing process, which includes preparing the petition, filing in family court, serving summons, attending a pre-trial conference, presenting witnesses, and ultimately receiving a decision.

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    © All Rights Reserved
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    Check List of Requirements For Petition of Annulment:Declaration of Nullity of Marriage

    Uploaded by

    achillesten
    2K views3 pages
    This document outlines the requirements and process for filing a petition for annulment or declaration of nullity of marriage in the Philippines. It lists the necessary documents, including names and addresses of parties, marriage and birth certificates, psychological evaluations, and documents proving six months of residency. It also provides a timeline of the filing process, which includes preparing the petition, filing in family court, serving summons, attending a pre-trial conference, presenting witnesses, and ultimately receiving a decision.

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    Check List of Requirements for Petition of Annulment:Declaration of Nullity of Marriage

    Original Title

    Check List of Requirements for Petition of Annulment:Declaration of Nullity of Marriage

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    This document outlines the requirements and process for filing a petition for annulment or declaration of nullity of marriage in the Philippines. It lists the necessary documents, including names and addresses of parties, marriage and birth certificates, psychological evaluations, and documents proving six months of residency. It also provides a timeline of the filing process, which includes preparing the petition, filing in family court, serving summons, attending a pre-trial conference, presenting witnesses, and ultimately receiving a decision.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views3 pages

    Check List of Requirements For Petition of Annulment:Declaration of Nullity of Marriage

    Uploaded by

    achillesten
    This document outlines the requirements and process for filing a petition for annulment or declaration of nullity of marriage in the Philippines. It lists the necessary documents, including names and addresses of parties, marriage and birth certificates, psychological evaluations, and documents proving six months of residency. It also provides a timeline of the filing process, which includes preparing the petition, filing in family court, serving summons, attending a pre-trial conference, presenting witnesses, and ultimately receiving a decision.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    The document outlines the requirements and process for filing a petition for annulment or declaration of nullity of marriage in the Philippines, including required documents, timeline, and contents of the petition.

    Required documents include marriage certificate, birth certificates of common children, supporting documents proving residency like utility bills, government ID, lease agreements or rental receipts, and psychological evaluations.

    The timeline involves preparing the petition, filing it in court along with 8 copies and furnishing the Solicitor General and Public Prosecutor, serving summons, pre-trial conferences, presenting witnesses, submitting evidence and memoranda, and a decision being made.

    Check List of Requirements for Petition of Annulment/

    Declaration of Nullity of Marriage


    Name of petitioner.

    Complete address of the parties in the petition.

    Sworn Certification of Residency (with house location sketch) issued by the


    Barangay.

    Sworn Statement of counsel of record that he/she has personally verified


    the petitioner’s residency and that petitioner has been residing thereat for
    at least six months prior to the filing of the petition;

    Marriage Certificate of the parties.

    Birth Certificate of the common children of the parties.

    Psychological Evaluation.

    Prenuptial agreement if there be any.

    Supporting Documents proving residency but not limited to:


    Utility Bills in the name of the petitioner for at least six months prior to the
    filing of the petition;

    Government issued ID or Company ID bearing the photograph and address


    of the petitioner and issued at least six months prior to the filing of the
    petition;

    Notarised lease contract, if available, and/or receipts for rental payments


    (bearing the address of the petitioner) for at least six months prior to the
    filing of the petition; and

    Transfer Certificate of Title, Tax Declaration, or Deed of Sale and the like, in
    the name of the petitioner where he/she resides.

    Note: If the petition is filed by the petitioner without counsel and a counsel
    subsequently appears, said counsel shall submit, together with the formal entry of
    appearance, an ‘Affidavit of Verification of Residency’ of the petitioner.

    Contents and form of petition

    The petition shall allege the complete facts constituting the cause of action:

    1. It shall state the names and ages of the common children of the parties
    and specify the regime governing their property relations, as well as the
    properties involved.
    If there is no adequate provision in a written agreement between the
    parties, the petitioner may apply for a provisional order for spousal
    support, custody and support of common children, visitation rights,
    administration of community or conjugal property, and other matters
    similarly requiring urgent action.

    2. It must be verified and accompanied by a certification against forum


    shopping. The verification and certification must be signed personally
    by me petitioner. No petition may be filed solely by counsel or through
    an attorney-in-fact.

     If the petitioner is in a foreign country, the verification and


    certification against forum shopping shall be authenticated by the duly
    authorised officer of the Philippine embassy or legation, consul
    general, consul or vice-consul or consular agent in said country.

    3. It shall be filed in six copies. The petitioner shall serve a copy of the
    petition on the Office of the Solicitor General and the Office of the City
    or Provincial Prosecutor, within five days from the date of its filing and
    submit to the court proof of such service within the same period.

    4. Failure to comply with any of the preceding requirements may be a


    ground for immediate dismissal of the petition.

    TIMELINE AND PROCESS OF FILING A PETITION FOR


    ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE
    1. Preparation of petition. (1 to 2 weeks)

    1.1. Interview with the petitioner

    1.2. Psychological evaluation of the petitioner by psychiatrist (the


    evaluation can also be done while the case is on trial)

    1.3. Letter of the legal counsel to the defendant to undergo psychological


    evaluation.

    2. Filing of case in the Family Court. (2 days)

    2.1. Payment of filing fees

    2.2. Eight copies of petition

    2.3. Furnish the Solicitor General

    2.4. Furnish the Public Prosecutor


    3. Filing of manifestation that the petition was furnished to the public
    prosecutor and solicitor general. (1 week after filing of petition)

    4. Service of summons by process server. If summons cannot be served,


    the lawyer will file a motion for publication. (two weeks, but depends
    on the Court and process server)

    5. Motion to refer the case to public prosecutor to determine the existence


    of collusion to be filed by the legal counsel. (1 week after the summons
    to the defendant is served)

    6. Motion to set the case for pre-trial conference to be filed by legal


    counsel. (1 week from the resolution of fiscal that there is no collusion)

    7. Submission of pre-trial brief by the legal counsel. It must include the


    judicial affidavits of all the witnesses and all the documentary evidence.
    (5 days from the scheduled pre-trial conference set by the Court)

    8. Pre-trial Conference. The petitioner must personally attend. Otherwise,


    the handling lawyer must have a special power of attorney to represent
    his client.

    9. Presentation of witnesses. (3 to 4 months depending of the schedule of


    the Court)

    10. Formal offer of evidence to be submitted by the legal counsel. (5 days


    from the last witness)

    11. Memoranda (15 from the Order of the Court)

    12. Decision (30 days from the submission of Memoranda)

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