annulment

mia2012 wrote:

Hi, any lawyers out there who could kindly please answer this question or me. I have a friend whose been in a relationship with a man for almost 3 years now but they cant marry guy is still technically married to his "ex-wife". The guy plans to file for an annulment but not sure if the wife would consent to it... The guy and his wife lives in separate roofs for 7 years already... please advise... thanks

annie081578 wrote:

What could be our ground for annulment?

THE FAMILY CODE OF THE PHILIPPINES

TITLE II
LEGAL SEPARATION

Art. 55. A petition for legal separation may be filed on any of the following grounds:

    (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

    (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

    (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

    (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

    (5) Drug addiction or habitual alcoholism of the respondent;

    (6) Lesbianism or homosexuality of the respondent;

    (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

    (8) Sexual infidelity or perversion;

    (9) Attempt by the respondent against the life of the petitioner; or

    (10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)

--------------------------

Everyone can read THE FAMILY CODE OF THE PHILIPPINES. There are lot of information there.

annie081578 wrote:

What could be our ground for annulment?

THE FAMILY CODE OF THE PHILIPPINES

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

    (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

    (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

    (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

    (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

    (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

    (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

    (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

    (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

    (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

    (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

missymai wrote:

Hi All, I'm new here on this site.
I just want to ask regarding Annulment Case. Could you please advise any trusted Lawyer / Attorney for my case? I want to file during my vacation in May 2013. How much does it cost? How long will it take? I have been separated since year 2003 and have only 1 son living with my parents in PI. I have been inquired since last year, but some of them said it takes more or less 1 year. Please advise. Your help is much appreciated.Thank you so much!

Well are you getting a Nullification or Annulment?  Annulment is more difficult.  In the end you can marry again.

The time for me so far is coming up to two years.  100,000PHP+ I have paid my attorney, that's including acceptance fee and administrative costs.  It also depends where you are at.  My attorney is in Cebu area.  If you are going to fight the case in Cebu I can pass you his name.  Just Private Message me if you want his name and number.

missymai wrote:

Thank you flipicaneze!
I am from North Luzon area. Can he accept my case then even if I;m not from Cebu City? I am filing an Annulment case. Some of the inquiries I got from other sites said will take around 1 year or 1 but it depends. Thanks

If you are willing to pay his plane fares I'm sure you could work something out.  He is a busy person however in Cebu.  I have seen him stand his ground in front of the Judge when other attorneys have folded to the same judge. 

But as far as I know there are quite a few variables when determining the time of the process.  It also depends on how busy that particular court is.  My court dates have been spread because of court schedule constraints, Prosecutor's investigation (to determine if there is any collusion within the two parties) and I also ended up waiting on a three week summons by publication because the original summons was not accepted by the respondent (which that service by mail took a little time as well).

singababes wrote:

thanks for the advice atty.joelstrauss,do you have any idea how much it cost to file annulment because i am the only one can pay everything my ex don't want to pay for it..so what is the first step how to file an annulment?is it possible that the lawyer can do continue proceeding this while i am here and Sg?please more advice pls.thank you...and more power.....

First off look up Philippines Annulment/Nullification laws (two totally different definitions).  The grounds are difficult to come up with, more so for Annulment.  You have to find something to base your case on.  From there find and save any kind of evidence, collect witnesses and prepare yourself for a long, hard road.

Mine is costing me about ~120,000PHP, so far...  It could get more costly as it proceeds; and this is with my lawyer being a family member of mine.  It has also costs me many good salary job opportunities because of traveling back and forth from the USA.  Plane tickets, living expenses and my sanity as well I have spent.  (Never know when the ex may retaliate; you know what they say "hell hath no fury like a woman scorned")