Annulment

Hi,

I have a friend who needs help, here is the scenario:

His wife fall in love with another man. They dated but not sure if they kissed or had sex. The man gave material things to the wife and the wife told his husband that she bought those things using her own money. She displayed those things inside their room for some months until the husband get suspicious that those things came from another man, then he found proofs. The lying and being secretive of the wife last for almost half a year before her husband discovered it. But the wife insist that it came from her own money and that she has no other man.

Can this be case for annulment? what about custody of a kid below 7 yrs old?

kdd1 wrote:

Hi,

I have a friend who needs help, here is the scenario:

His wife fall in love with another man. They dated but not sure if they kissed or had sex. The man gave material things to the wife and the wife told his husband that she bought those things using her own money. She displayed those things inside their room for some months until the husband get suspicious that those things came from another man, then he found proofs. The lying and being secretive of the wife last for almost half a year before her husband discovered it. But the wife insist that it came from her own money and that she has no other man.

Can this be case for annulment? what about custody of a kid below 7 yrs old?

According to Philippine law, infidelity is NOT grounds for Annulment nor Nullification.  Only hope for that is to prove "psychological incapacity" from the beginning of the marriage.  I'm not sure about the custody issue, but most likely that will be awarded to the mother.

Henri8 wrote:

Hello,

Is it possible for a Filipina to divorce in another country and have the divorce legalized in the Philipines ?

Or is annulment the only way ?

Bring the divorce documents to a lawyer so he can in turn have the divorce recognized in the Philippines.  From what I have heard, it's a three month process.

Hi all, I just joined here and I need suggestions / advice regarding annulment.

Kinasal po ako ng 2002 pero naghiwalay kami December ng 2007, at since the day we separated hanggang nag decide akong abroad till date, wala kaming communication, and that's almost 7 years now.

Gusto ko pong ma annul na ang marriage namin. I'll really appreciate any suggestion/advice to my below questions:

1. Ano po ba yong pinaka una kong gagawin?
2. Kailangan ko ho bang umuwi ng Pinas para mag file ng annulment?
3. Nag work din po sya sa abroad but don't have any idea kung saan sya naka-base currently, do I have to contact and advise him na mag file ako ng annulment sa marriage namin?
4. The one who will file, siya ba ang magbabayad at magkano approximately?

Salamat po sa sino mang magbigay sa akin ng any suggestion/advice.

Guia wrote:

Hi all, I just joined here and I need suggestions / advice regarding annulment.

Kinasal po ako ng 2002 pero naghiwalay kami December ng 2007, at since the day we separated hanggang nag decide akong abroad till date, wala kaming communication, and that's almost 7 years now.

Gusto ko pong ma annul na ang marriage namin. I'll really appreciate any suggestion/advice to my below questions:

1. Ano po ba yong pinaka una kong gagawin?
2. Kailangan ko ho bang umuwi ng Pinas para mag file ng annulment?
3. Nag work din po sya sa abroad but don't have any idea kung saan sya naka-base currently, do I have to contact and advise him na mag file ako ng annulment sa marriage namin?
4. The one who will file, siya ba ang magbabayad at magkano approximately?

Salamat po sa sino mang magbigay sa akin ng any suggestion/advice.

Hello,

Hope this would help...

1. First thing that you have to do is to prepare urself for a long, expensive, tedious journey. Then of course, u have to find a good lawyer. U also have to gather all the necessary docs like the marriage certificate, birth certificate of childre, all docs related to any properties acquired during marriage (conjugal property). The lawyer can advise u about the whole process, ur possible grounds, the fees, etc...

2. U can actually file a petiton while u are abroad and everything will be through courier...but, u have to go back home several times...bec u have to be present atleast 3 times in ur case i suppose...1st during the investigation for collusion, 2nd during pre-trial...third during the trial proper...

3. No need to contact ur spouse...some say it would be much faster if the respondent didn't answer the notice at all...however, I'm afraid in ur case, u have to go through publication notice....and this would cost u like P30K+....

4. The one who filed the petition should pay for everything...and it normally depends on the lawyer....but on the average it would cost u aroung P120K-P150K (not including the publication)...

PM me if u want more info...i'm not an expert on this, just sharing based on my experience...

Goodluck!

hi may kaibigan po ako her boyfriend is a married man pero ten year n po silang hiwalay ng ex wife nya.can he get an annullment?

normilyn wrote:

hi may kaibigan po ako her boyfriend is a married man pero ten year n po silang hiwalay ng ex wife nya.can he get an annullment?

Welcome to expat forum. As this is an English speaking forum could you please post in English. Thank you.

normilyn wrote:

hi may kaibigan po ako her boyfriend is a married man pero ten year n po silang hiwalay ng ex wife nya.can he get an annullment?

Hi Normilyn,

Being separated or estranged from the spouse for a number of years doesn't guarantee that the petition for nullity will be approved. It would certainly help but like what my laywer told me, nothing is guaranteed... the only way is to prove the 'psychological incapacity' of the spouse... which is the most common ground for declaration of nullity of marriage...technically, this is different from annulment, especially considering the grounds for the petition.

Hope this helps.

Thanks.

oh sory,i had a friend his wife fall inlove with another man and leaving together for ten 10yrs.can this case for annulment?thank you

THE ex wife has a bf and they are leaving together.they are both agree to annul thier marriage.they have no communications at all and even he doesn't know where  they live.

Hi me and my ex husband has no communication for 7 years I'm an ofw so its very seldom na umuwi ng pinas. My husband filed annulment as he have new girl. My mom receive a lot of letters or summon from attorneys and the last one was hearing. I don't want to protest and i didn't attend those hearing. My question is will the annulment still going through even i don't appear on the court as i'm always not in Philippines?

Hi i wondering if someone can help me about my marriage, actually i'm marriage in the philippines back on 1995 and then we move to perth last 1997, then no luck my wife and I  will divorce here in perth last 2 yrs ago, then after the divorce I meet my current girl friend and we planning to marry, but my problim is if I go to philippine to marry her  do I need to annul my previous marriage or no need.

How long is annulment process?

wish mine too i want to do annulment not it means i need remarry but i just want to free in relation that needs to be free pls help

masroom1 wrote:

Hi i wondering if someone can help me about my marriage, actually i'm marriage in the philippines back on 1995 and then we move to perth last 1997, then no luck my wife and I  will divorce here in perth last 2 yrs ago, then after the divorce I meet my current girl friend and we planning to marry, but my problim is if I go to philippine to marry her  do I need to annul my previous marriage or no need.

No need: foreign divorces are recognised.

[moderated: promoting your services is not allowed on the forum]

foodaddict wrote:

How long is annulment process?

Could take years, cost thousands, be careful not to be scammed.

rhica37 wrote:

wish mine too i want to do annulment not it means i need remarry but i just want to free in relation that needs to be free pls help

Good luck in your quest.  Vigan is a beautiful old Spanish capital city, my favorite on Luzon.
Have you been to Cyprus before?

[moderated: off topic]

[Moderated: no free ad on the forum pls]

depends on your situation, marriage , agreements or still non agreement with your present "ex", etc we need to understand your situation better ten. tx

(Moderated: no free ad on the forum pls +register in the business directory > Lawyers in the Philippines)

Voyager_2002 wrote:

masroom1 wrote:

Hi i wondering if someone can help me about my marriage, actually i'm marriage in the philippines back on 1995 and then we move to perth last 1997, then no luck my wife and I  will divorce here in perth last 2 yrs ago, then after the divorce I meet my current girl friend and we planning to marry, but my problim is if I go to philippine to marry her  do I need to annul my previous marriage or no need.

No need: foreign divorces are recognised.

I think you need to coz under phils, your still considered as married person.

lawyers fees differ in different locations. there was one person from manila who filed annulment case in cebu. i believe they have done their research. but anyway, annulment may and may not be that costly.

if you have other questions, (Moderated: do not propose your service on the forum pls)

Hi I need an advise coz  I'm so worried and confused about my situation. I'm a Filipina. I was married to foreign man and were married in Australia.  when we get married all I know is he was divorce with his ex-wife. After marriage I was so disappointed and find out that he was legally married to another Filipina in Philippines. I keep crying and upset coz it was a big mistake. When I met him I don't know that he was married to another Filipina. He explain everything to me and he told me that he was trying to annul the marriage before he decided to marry me but no success coz the lawyer took his money and haven't heard from the lawyer. So he started to find another lawyer again and try to annul their marriage again. He find a lawyer from Cebu and we were expecting to finish this year. My husbands marriage from another Filipina is bigamous marriage for she was legally married to a Filipino before they get married.
My husband and his Filipina wife have been separated for almost 6 years now. all I know that he's Filipina ex wife is happily living with her live in partner. My husband was still waiting for he's annulment to be finalized at the moment. I'm living in Australia with my husband and waiting for my permanent residence I was worried everyday in my situation, because I don't know what kind of situation I was involve. I've never been married if I just knew he was married in the first place I shouldn't  have marry him until he was annul. I'm worried that maybe I was facing a big trouble under the Philippine law.
Please help me. I need your advise guys, 

thanks

Hi! Newbie here.
Im in the process of nullifying my marriage. It has been filed almost 3 months ago and by next week the sheriff will inform us when he's going to serve the summon. My question is this, he wants me to arrange for his service/transportion in going there. Is that normal? I mean I already paid the filing fee & whatever fees the court was asking. Is it my duty to arrange his transportation or give him bus fare & all?  What is the filing fee for then?
Thanks!

wide-eyed wrote:

Hi! Newbie here.
Im in the process of nullifying my marriage. It has been filed almost 3 months ago and by next week the sheriff will inform us when he's going to serve the summon. My question is this, he wants me to arrange for his service/transportion in going there. Is that normal? I mean I already paid the filing fee & whatever fees the court was asking. Is it my duty to arrange his transportation or give him bus fare & all?  What is the filing fee for then?
Thanks!

I think what he is asking is over and above the filing fee. The filing fee is for paperwork only. I strongly suggest you pay him as this will get things done quicker. But be sure to let him know that you will pay him for one trip only.

Ok...so that means its not really included there and they usually asked from the petitioner? Anyway i did say i will provide for his bus fare because its more convenient for me rather than look for a driver and provide him a service...and less expensive as well. Thank u

wide-eyed wrote:

Hi! Newbie here.
Im in the process of nullifying my marriage. It has been filed almost 3 months ago and by next week the sheriff will inform us when he's going to serve the summon. My question is this, he wants me to arrange for his service/transportion in going there. Is that normal? I mean I already paid the filing fee & whatever fees the court was asking. Is it my duty to arrange his transportation or give him bus fare & all?  What is the filing fee for then?
Thanks!

actually you have paid him already for everything including the transpo when you have paid the fees in court. i think he is asking for more. but if its not quite big, i suggest you give him a little just to expedite the process. sadly, this is how it works in our government. i am ashame to admit it.

Hi! My lawyer did inform me from the start that I'll be providing for the sheriff's' bus fare but it felt funny when the actual time came  I was thinking if this is how really things are? But we need his report on the summon so i guess i really have no choice.

i think its normal coz lawyers always keep contact with sheriffs. but its up to the client if they will tolerate such but actually it helps if your lawyer work closely with these sheriffs especially in civil action , ie. execution of judgment, attachments, levy, etc...

Hi can you advise or give me any reliable  and very good lawyer, my ex is black mailing and he said he will contest if I file an annulment. I prefer the non appearance annulment as I am working abroad and I cannot just attend the hearing. I prefer the faster application of annulment, okay lang din sakin kahit outside manila ang filing basta matapos lang I need this badly I also heard about filing in cotabato mas mabilis daw don, anyone who tried cotabato recently?.you can email me at [email protected]

baku-kang wrote:

Hi can you advise or give me any reliable  and very good lawyer, my ex is black mailing and he said he will contest if I file an annulment. I prefer the non appearance annulment as I am working abroad and I cannot just attend the hearing. I prefer the faster application of annulment, okay lang din sakin kahit outside manila ang filing basta matapos lang I need this badly I also heard about filing in cotabato mas mabilis daw don, anyone who tried cotabato recently?.you can email me at [email protected]

Yep  I know one in cebu. Anywhere, you may expedite your case if your lawyer is well-prepared and passionate enough to finish the case asap. YOu need not appear coz you may appoint your lawyer to appear on your behalf.

I'm from cavite actually my ex is also from cavite, but I don't want to file in cavite.
I don't want my ex to know that I am filing an annulment,since I already informed him before and I wanted it to be done in a legal way but he refused by telling me he will black mail me and  he is asking for money and many favors in return and he said he will not sign the papers. So might as well do it without letting him know.

I need a faster and non appearance, coz  i cannot just go back to phil i also have worked here.

he will be given a notice that a case of annulment is filed against him. we cannot avoid notifying him of the case filed. he has no money so, he cant contest it anyway if you will file it outside cavite.

how about if he don't want to sign the papersl like what he said? Is there any chance that my case will go on and it till be finished?..I'm so helpless, I just want to be free from him we are 15 years seperated  I'm doing everything I could but he's giving me a hard time. I cannot go on with my life as I cannot marry the person I love.

baku-kang wrote:

how about if he don't want to sign the papersl like what he said? Is there any chance that my case will go on and it till be finished?..I'm so helpless, I just want to be free from him we are 15 years seperated  I'm doing everything I could but he's giving me a hard time. I cannot go on with my life as I cannot marry the person I love.

no need for his signature. once you have the court order, it is binding upon you and him. regardless whether either of you will sign or not.

Can someone help me differentiate MARRIAGE CERTIFICATE from MARRIAGE LICENSE..

We got married when I was 19 and he was 25 so obviously we cannot live together before our marriage as a husband and wife.
" A marriage celebrated without a valid marriage license is null and void, unless the contracting parties are exempt from this requisite (Articles 4 and 35(3), Family Code of the Philippines).

Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.

I asked my parents to check and get a copy of Marriage License from our Local Civil Registrar from where we got married. But the staff there said that MarriageCertificate and Marriage License are the same, that the License number is indicated below the Marriage Certificate.

If so, that the License number appearing in the Marriage Certificate is the License Number then how can I check if that number is registered to our Marriage?

but, if the Marriage License is not existing are they going to give me a paper stating that we have no Marriage License?

I am looking for a an easiest and possible ground for my annulment aside from Psychological Incapacitated.

marriage license is a requirement for marriage like a driver's license which is a requirement for you to drive. marriage certficate is a document that evidences your marriage. if your marriage certificate has indicated a marriage license number, then most probably you have a valid license when you got married. however, if such marriage license has expired when you got married, then thats one ground to nullify your marriage.