After a marriage is declared void (annulment) or terminated by foreign divorce recognition, many women (and some men) wish to revert to their maiden name.
Under Philippine law, you have the right to use your maiden surname once the marriage is legally ended.
This article explains the step-by-step administrative and court processes.
Your Legal Right to Revert to Maiden Name
Republic Act No. 9048 (as amended by RA 10172) allows the correction of clerical errors and change of first/nicknames.
However, reverting to maiden name after annulment requires either:
- Annotated marriage certificate (showing the marriage is void/terminated), OR
- Court order specifically allowing the name change (if the marriage certificate is not yet annotated).
Key principle: The Civil Code and Family Code state that a woman may use her maiden surname again if the marriage is dissolved or annulled. No separate court petition is needed IF you have the annotated PSA certificate.
Step-by-Step Process (Administrative Route — No Court Case Needed)
Prerequisite: You already have a final Decree of Nullity/Annulment or Recognition of Foreign Divorce, and your PSA marriage certificate has been annotated.
Step 1: Request a PSA-issued annotated Marriage Certificate (showing the marginal annotation: 'Void ab initio' or 'Terminated by Foreign Divorce').
Step 2: Prepare a sworn affidavit requesting the use of your maiden name.
The affidavit should state:
- Your full maiden name (before marriage).
- Your married name (as it appears on the void marriage).
- That the marriage has been declared void/terminated by final court decision.
- Attach a certified true copy of the court decision and the annotated PSA marriage certificate.
Step 3: Go to the Local Civil Registry (LCR) of the city/municipality where your marriage was registered.
File the affidavit along with:
- PSA-annotated marriage certificate (original and photocopy).
- Court decision (certified true copy).
- PSA birth certificate (to show your maiden name).
- Valid government ID.
Step 4: The LCR will issue a Certificate of No Marriage (CENOMAR) update and annotate your birth certificate (if requested) or issue an endorsement to the PSA.
However, for government IDs and passports, you simply present the annotated marriage certificate as proof.
Step 5: Update all your government IDs and records:
- Passport: Apply for a new passport at DFA using your maiden name. Bring the annotated PSA marriage certificate and court decision.
- Driver's License (LTO): Present the same documents to change your name on your license.
- SSS, PhilHealth, Pag-IBIG: Submit an update request with supporting documents.
- Bank accounts, land titles, employment records: Provide copies of the documents to each institution.
Pro tip: Order at least 5 copies of your PSA-annotated marriage certificate. You will need them for multiple agencies.
When Do You Need a Separate Court Petition for Name Change?
In some cases, the Local Civil Registry may refuse to recognize your name change without a specific court order.
This happens if:
- Your annulment decision did not explicitly state your right to revert to maiden name.
- You have been using your married name for many years and have established identity (bank loans, contracts, passports).
- There are pending civil or criminal cases under your married name.
- You wish to change the surname of your children (that requires a separate petition).
If required, your lawyer can file a Petition for Change of Name under Rule 103 of the Rules of Court.
This takes an additional 3-6 months and costs ₱20,000–₱50,000.
Can You Keep Your Married Name After Annulment?
Yes, you are not forced to revert to your maiden name. Some women choose to keep their married name — especially if they have children who carry that surname, or if they have built a professional reputation.
Philippine law allows you to continue using the married surname even after annulment.
However, you cannot use the married name if you later remarry (you must use your new spouse's surname or revert to maiden).
What About Surnames of Children?
Children born before the annulment retain their father's surname (if the marriage was voidable but declared valid until annulled).
For children born after the declaration of nullity, they should use the mother's maiden name (or father's surname only if he acknowledges paternity).
This is complex — consult a lawyer for child surname issues.
Sample Affidavit (Template Wording)
'I, [MAIDEN NAME], of legal age, Filipino, after being sworn to in accordance with law, hereby depose and state: That I was previously married to [SPOUSE'S NAME] on [DATE] in [PLACE]; That on [DATE], the Regional Trial Court of [BRANCH] issued a Decision declaring my marriage void ab initio (copy attached); That the Philippine Statistics Authority has annotated my marriage certificate accordingly (copy attached); That I now respectfully request to use my maiden surname, [MAIDEN NAME], in all legal and civil records.'
In summary, reverting to your maiden name after annulment is straightforward once you have the annotated PSA marriage certificate.
No separate court case is needed for most women. Simply present the documents to the LCR and update your IDs one by one.