annulment

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

Hi in annullment there should be no collusion between the two parties. if both agree it should be secret and discreet.Because once the court finds out that they talk about the annullment and agree to it the court will dismiss their petition.

If the other parties does'nt agree with the annullment the petitioner can still file  the petition on court and all the ex needs to  do is to contest the said petition., you can PM me if you have more  question, I been annulled myself.

hi Blue, thanks for the info... what if the guy will file the annulment and the woman will contest? would there be any chances? .... How did your annulment process go?  thanks..

i filed annulment in 2007 but still not finish until 2011 so i widraw and filed with another atty.Filed last dec 2, 2011 and now i am just waiting for the decision to come out, in Gods time i will be single again;)

there should be no problem if both are not happy anymore 7 years separated should be no problem. but if you are here in the philipphines. its a big problem here the court system, stinct to the sky! banana style you have to deal to all monkeys the here

is anybody know how many months will it take to wait for desicion after trial? tnx

depends which country. foriegn country about one week finish. here in the philippines its depends on your money. as i said if you are in the philippines court system style money talk. takes about 3 years minimum if you have enough money its about half years.

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mia2012 :

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

hello, i like to ask, have a friend who's separated for 8 years now but not legally. my friend have a boyfriend who work in singapore. my question is there a tendency that they can marry in singapore even the girl is married here in phillipines. they have plan to anull the prvious marriageof the girl but not now. they want to marry if can. thank you

:)

My lawyer name is JORICO BAYAUA..

Me and my soon to be ex both live in the USA, separated.  Since we were married in the Philippines and I don't want to be hit with the AOS if the time ever comes, I filed for Declaration of Nullity in the Philippines. 

I started the process October of 2011 and it should (I stress SHOULD) be over early next year. Some of the time was taken up with me finding time and money to travel back and forth from/to Chicago to take care of it.(so far twice, and again in this upcoming October)  Also filing the summons by publication takes another three weeks after we couldn't successfully serve by courier (US Postal Service Registered Mail)

Good news however, Supreme Court of the Philippines has ruled recently that judges can no longer delay their case decisions.  The more judgments they make before the end of every fiscal year, the better they look.

If you are looking for an attorney in Cebu, let me know.  Mine has been pretty good so far, compared to the rumors i have heard about most Filipino businessman.

Hi! I got married in the Philippine Consulate here in Dubai. After 3 yrs. of marriage, my husband and I started to feel that we should get out of this marriage before we end up killing each other because of incompatibility.   My questions are: What could be our ground for annulment? Who should file the petition? Can I/he file the petition here in Dubai? How should the process start, i mean literally what is the first step?

I would like the lawyer in Cebu please. What's the best way to get a annulment in phillipines?

The email didnt work

there is no way.. you just wasting your time and your money,, annulment is not so easy in Philippines and its hopeless,,

Whadeeb, i think u carefully collect references and really choose the lawyer u see reliable and truthful. goodluck!

a lot (if not almost all) of lawyers would promise quick and easy process, but as u go along it is not how it seemed. put all transactions into writing, and most importantly, FOLLOW-UP. u have to keep communication with ur lawyer every now and then.

Please help me..i want to know a good lawyer from cebu for annulment..thank u

Please help me..i want to know a good lawyer from cebu for annulment..thank u

annie081578 :

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 :

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)

Honestly, I think annulment costs more than the wedding here in the country.

Lavender
Can u email me or send your atty full details I need his or her help thank u

Jubhie i agree with you,thats my case now,thats why ill just live with my future partner and avoid both marraige and devorce,for me its realy the true feeling of love and caring tha counts, beside to love for real you dont have to folow any church teachings,it should come from deep down our hearts and be genuine,thats what really counts,so like the song say"love the one your with".Love is stronger than anything.

Azumi  thats why lots of pinays specially go to other countries and make one of those cliams sometimes falsely,thats why bad things happen,i believe you should be honest when going into a marraige or any other relationship,but to be tricked is almost like cheating or worst,but if you marry from true love you should not have those problems,and if you do then its time to get out of that relationship,its better a live bird than a dead one?!?

I would be grateful for the name and address etc of a competent annulment attorney in Cebu and any other information you may have re annullment procedure and costs. My son's intended fiancee has filed her papers through an attorney but she has proved to be completely useless ( after taking the fees upfront). The procedure seems to be taking years. Your help would be be most welcome.
Haf

I'm still fighting my nullification in the Philippines.  It's a long, expensive, and tiring process.  I used to see it as a vacation, but not anymore.  The Philippines is like second home having traveled there so often for hearings that last not more than 15 minutes at at time.  The further this pushes, the more I hate the ex, and I'm not the hating type.

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!

missymai :

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.

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

missymai :

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).

please be careful on retaining the services of lawyers, some of my brothers in the profession are not really keen on resolving the case, especially on annulment cases. Check on their backgrounds and other essentials because some of them are not even bonafide lawyers. Once they received the dp, never shall you hear from them again. Regarding the declaration of nullity of marriage, the normal price range would 180k to 250k, that's the standard fee here in the Philippines. The duration would be from 10 months to 14 months. please do not be deceived by other lawyers who will lure to bite on a lower price and a faster outcome. That would be dangerous for the petitioner because the office of the solicitor general will find out about expedited annulment proceedings, thus, it will render all the proceedings null and void. that would be a waste of money and a waste of time. Sana po nakatulong.

Hello i'm from Baguio city,i am separated for 11 years but still not legal,my ex husband had already his girlfriend in they had i child.and i want to file legal separation/what is the best thing i need to file so that we can do what we are wanted...i want to file legal sepation so i am looking for a cheapest attorney's lowest fee...anyone can suggest please..thanks

legal separation is not the right remedy if you're seeking freedom to do anything. The proper thing to do is file a petition for the declaration of nullity of your marriage. Legal separation is only a separation from bed and board, you are still married with your husband even if both of you would be legally separated from each other. It does not break or sever  the marital ties.

Anyone can help me for a lawyer?i want annulment and start to process as soon as i get a lawyer that can trust..thatnk u

Hello,anyone who can help me to find a very good lawyer for the annulmen?the cheaper one...i want to file annulment rather than legal separation....i'm from Baguio city..but recently working in sg

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.....

singababes :

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")

Thanks-for that good advice as well,i know it is so hard and long processing that annulment,so sometimes i want a legal separation because it is easy process,i had lot of evidence for my ex especially he got i child on the other woman,now he got different woman again,will he texting me a bad words that i save it on my inbox...one more we start arguing since 2001...thanks

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