Couples who are going through the process of annulment should spend as much time knowing what will happen once their marriage finally ends. The following is a summary of the effects of an annulment in the Philippines.
The petition is granted. What happens after?
You have to wait for the decision to become final, that is, after a period of 15 days and no Motion for Reconsideration, New Trial or Appeal was made by your spouse, the public prosecutor or the Solicitor General.
Once it becomes final, the Entry of Judgment shall be registered in the Civil Registry of the place where you get married as well as in the Civil Registry of the court that tried your case.
What happens to the conjugal properties?
The Family Court shall proceed with the liquidation and distribution of your properties.
How the properties will be liquidated, partitioned, and distributed will depend on the couple’s property settlement but it’s usually either Absolute Community or Conjugal Partnership of Gains. Ask your lawyer to learn more about this.
Who will have custody of the children?
The Family Court shall decide on the custody and support of your children giving paramount consideration to their moral and material welfare and their choice of the parent with whom they wish to remain. The court shall provide for appropriate visitation rights of the other parent.
The custody of children below the age of seven years is given to the mother (Art. 213, Family Code) unless the court decides otherwise.
Go back to the main article: How to File Annulment in the Philippines: An Ultimate Guide