Unlike most countries in the Western world, divorce does not exist in the Philippines. The only way to terminate a marriage recorded in the Philippines is to process an annulment case through the Philippine judiciary system

Marriage as a social institution is so revered in the Philippines that the 1987 Constitution actually includes a Section 2 writing "Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State." Further, in Section 1 it is written "The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

However, the government does recognize certain conditions for which voiding a marriage would be considered. The Family Law Code of the Philippines specifically deals with annulments and it sets forth under four Articles (35,36,37,38 and 45) in Chapter 3 of the Code the conditions under which an annulment can be considered.

The filing of an annulment case in the Philippine legal system is available to anyone who was married in the Philippines. This includes both Philippine citizens and foreigners, and both those individuals currently residing in the Philippines and those residing outside the Philippines. Any Philippine citizen married in the Philippines who remarries without an annulment granted by the Court would be committing bigamy in the Philippines. As long as one is still a Philippine citizen, any divorce granted by a court outside of the Philippines is not recognized by the Philippine government.

The time for an annulment case (called a "Petition for Annulment of Marriage") can vary significantly, as no two cases are the same. Some involve child custody issues and property issues. Some are contested while others are uncontested. The initial filing requires extensive documentation, and some petitioners are quicker to deliver the documentation to their lawyer, while others drag their feet. In general, a "simple" case could take 12 to 15 months, whereas a more complex case could take up to two years.

For a foreigner seeking an annulment, the cost is not so much the issue as is knowing where to start, who to trust, who to communicate with who can act as a liaison or bridge between their annulment need and the Philippines legal system process.

Lawyers handling annulment cases in the Philippines normally request a 50% deposit in advance, which is placed in a trust fund, and drawn against as the case proceeds. Depending on each lawyer's policy on the matter and what you negotiate, the balance is usually paid on a "as you go" basis, meaning once the trust fund amount is depleted, you will be billed and expected to pay as the work proceeds.

The decision to file for an annulment is a serious and expensive matter. Just remember, in those deepest moments of frustration and emotional pain, the sun sets each day, but it always rises the next day. For every valley you are walking in, there is always a mountaintop you will soon be standing on. It is the cycle of life - whenever you are suffering pain, get ready for the good times, because good times always follow bad times.