Annulment

If my husband wants to file annulment and i dont want to support or im not willing,can he still do it ? What are the reasons in making annulment  filling or cases fail?

Hi Hopingwife,

Welcome on Board :)

Have you try and get some legal advices from a Solicitor please ?

Thank you

Maximilien
Expat-blog Team

No , i want some information and ideas about it

if your husband wanted the annulment then let him file, let him begin the process, it is regardless of his nationality, he will be the one to pay for everything, if you dont like to acknowledge and receive the petition still the process will push through, faillure to acknowledge in 3 consecutive times, you will be declared unknown, one ground of annulment is 7 yrs no communication as husband and wife, no support to beneficiaries, being impotent and pyschologically unfit. this is a costly and and a lenghty process, minimum amount you will pay is Php 120k to 200k, will usually takes around 2 yrs to 3 yrs.

"one ground of annulment is 7 yrs no communication as husband and wife" How about if for this period they are just communicating for the sake of the kids? They are not seeing each other, they're just talking through telephone is it possible to use as ground in filing an annulment? But the support to their children are continues. Could it be?

it is a matter of understanding between parties, they have to face each other, they can deny that to speed up the process, that will fall to unreconcibable issue or better one ofyou will HAVE NO. 5. The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

the case continues. if you wont show up, the osg will still intervene in the case. the results would now depend on the strength of his evidence to support the annulment.