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Dear Atty. BJ.

I made inquiries with a Quezon City Family Court as to the specific procedure to be
taken after a marriage is declared null and void under Article 36 of the Family Code.

After a judgment declaring a marriage a nullity on the ground of psychological


incapacity, the next step would be to submit a declaration of properties based on the
presumption of co-ownership between the spouses (pursuant to Article 147 of the
Family Code) or an agreement of partition (if the presumption of co-own). This shall
be submitted for the approval of the court. It can be submitted in the same court the
rendered the judgment or in a different court, as provided under Article 147 of the
FC,

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