Annullment thread 3

[melting_heart]

Hello!

I badly need your help. I never thought of myself as the marrying type but when I met this guy I suddenly felt he is indeed the one but the problem is he is separated for almost six years now and his ex-wife left for abroad right after giving birth to their second child and few months after that she already had an affair with another man. My beau wants to file for annulment but he doesn't know the whereabouts of his ex-wife. Their two children is left in his care and the ex-wife didn't even bothered to communicate with them. I'm not sure how this annulment thing will work on them, please help. Thanks.

[bruce_lyn]

hello mga sis dito tayo continue sa discussion.

[spongebob]

pa join..just recently separated.. 3 mos pa lang since hubby left me and our 2 yr old daughter. Actually i sent him home to his mom's house kasi 2 weeks na umuuwi cya at 2am or 6am or just whenver he wants to. my question is, if eventually mag file ako ng annulment, abandonment kaya most likely ang reason? ive read the longer separated kayo, the better chances of getting annulled. but how early can one file for annulment ba talaga?

[nadialicious16]

ako din may question about annulment regarding my parent's separation. 8 yrs na silang walang communication or hindi nag sasama kasi my mom is working abroad for that long. magiging madali lang kaya sa kanila ang process ng annulment since parehas silang agree at pipirma ? how long will it takes at mahal kaya? magkano ba usually nagagastos sa pag papa annul? after ma i-grant ang annulment,pwede na ba sila ulit magpakasal? thanks mga sis.

[Guapo Sana Kaso...]

pa join..just recently separated.. 3 mos pa lang since hubby left me and our 2 yr old daughter. Actually i sent him home to his mom's house kasi 2 weeks na umuuwi cya at 2am or 6am or just whenver he wants to. my question is, if eventually mag file ako ng annulment, abandonment kaya most likely ang reason? ive read the longer separated kayo, the better chances of getting annulled. but how early can one file for annulment ba talaga?

Abandonment is not a ground for the annulment nor the voiding of a marriage.  Abandonment can only be used as an evidence of manifestation of a far graver mental issue that can constitute Psychological Incapacity, and if proven, can have the marriage declared void ab initio.  Psychological incapacity, however, will not be that easy to establish.

Even if it is easy to establish, there is no abandonment in this case.  You're the one who kicked him out of the conjugal dwelling, lol.

Listen, Spongy... the only reason why you kicked your husband out is because he has been going home really late for 2 weeks?  I'm sure that's a valid cause for an argument, and even a quarrel.  But surely, it's not a valid reason to desire the termination of your marriage.  Do you even know why he arrives home that late?  A drinking spree perhaps?  Isn't it possible that something is bothering him... something he's embarrassed to share with you?

It may even be possible that he needs you right now.

I'm not saying your anger is not justified, Ma'am.  But surely, his relatively small indiscretion can be tackled - and maybe even forgiven - if you guys will just sit down and talk like the mature adults that you are.

I don't want to intrude on your affairs, but based on what you shared, your reason for wanting the marriage terminated is just too uncanny.

[Guapo Sana Kaso...]

ako din may question about annulment regarding my parent's separation. 8 yrs na silang walang communication or hindi nag sasama kasi my mom is working abroad for that long. magiging madali lang kaya sa kanila ang process ng annulment since parehas silang agree at pipirma ? how long will it takes at mahal kaya? magkano ba usually nagagastos sa pag papa annul? after ma i-grant ang annulment,pwede na ba sila ulit magpakasal? thanks mga sis.

Based on what you shared, there exists NO grounds that can be used to have the marriage declared annulled or void.  Lack of communication with each other and separation de facto, per se, are not valid grounds to terminate the marriage.  At most, they can just be used to further a petition for absolute nullity based on Psychological Incapacity, but they cannot serve as grounds by themselves.

Assuming they find a valid ground they can use...

Even if they both agree to the termination of the marriage, the State will still be duty-bound to ensure that no collusion between the parties shall occur. 

How much will be spent will depend on a  variety factors, i.e. what ground will be used, the quantum meruit or the merits of the case, the caliber of your lawyer, etc.  Prepare to pay somewhere in the vicinity of P70,000 to P200,000 though.

It may take years before judgement can be rendered.

If a decree for annulment or absolute nullity is granted, and if the requirements of law as to the subsequent partition and distribution of the properties, delivery of presumptive legitimes, and registration of the said decree are complied with, then yes, the parties can marry again.

[bruce_lyn]

ako din may question about annulment regarding my parent's separation. 8 yrs na silang walang communication or hindi nag sasama kasi my mom is working abroad for that long. magiging madali lang kaya sa kanila ang process ng annulment since parehas silang agree at pipirma ? how long will it takes at mahal kaya? magkano ba usually nagagastos sa pag papa annul? after ma i-grant ang annulment,pwede na ba sila ulit magpakasal? thanks mga sis.

sa experience ko kung 8 years na silang hiwalay malaki ang chances na ma annulled sila kasi ang pagiging mag asawa nila hindi na napunan. depende pa din sa kakayahan ng lawyer mo ipresent sa court ang case. kasi kahit me  grounds kung hindi mapapalabas ng lawyer hindi din magagrant. hindi pwedeng me usapan na regarding sa annullment bawal yun pero kung pag uusapan nila which mostly ganun ang nangyayari kung nakapag move on na pareho be sure no one knows and secret lang ito.

[nadialicious16]

Thanks sis bruce and guapo sana. I've talked to my mum already may lawyer na syang nakuha for 'effin 200k one year daw ang process ng annulment. Sana lang makamit nila ang resultang parehas nilang hinahangad.

[trizhee]

me and my boyfriend got married last year  thru civil wedding pero hindi kame nagsama sa isang bahay since then parang boyfriend and girlfriend pa rin. I decided to broke up with him 4 months ago because masyado syang controlling and he wanted me to become submissive just like his mother to his father, maraming times na kame nagusap about this but ganun pa din sya.. he wants an annulment pero gusto nya ako ang magfile. Ano bang grounds ag puede ko gamitin?

[shoutingwind]

Ayun, may nagbukas na ng bagong thread. Nabaon na sa limot yung tanong ko sa last thread. LOL!

[Guapo Sana Kaso...]

Ayun, may nagbukas na ng bagong thread. Nabaon na sa limot yung tanong ko sa last thread. LOL!

No, it wasn't forgotten.  I cannot reply.  I think I have to meet a certain number of posts before I am allowed to send private messages to people. 

[t_r_i_c_i_a]

how true na 2 years of being separated from each other will be harder for an annulment to be granted kaysa 5 years? may kinalaman ba ang number of years na magkahiwalay kayo sa paggrant ng annulment? mas madali ba talaga if mas matagal na kayong hiwalay?

[shoutingwind]

No, it wasn't forgotten.  I cannot reply.  I think I have to meet a certain number of posts before I am allowed to send private messages to people. 

Oh right. Totally forgot about that rule.

[Gladz31842]

question: may ibang bf na si ex-wife and they have 1 child plus another one on the way. Not sure if they are living together when the bf is in the country, he travels a lot. si ex-husband naman may 1 child na with his partner whom he lives together. ex-husband and ex-wife have been separated for 11 years. Civil wedding sila noon.

Background: ex-husband was working abroad when ex-wife found someone else who has a different religion, nagconvert si ex-wife to same religion bf nya. wrote her ex-husband na maghiwalay na sila because she fell for someone else.

madali lang kaya ikuha ng annulment yong case nila? Both are willing to go through the process.

[betsky]

i know someone who can help you for fast annulment no need to attend hearing etc etc... but a little expensive and will only take 4months

[Guapo Sana Kaso...]

me and my boyfriend got married last year  thru civil wedding pero hindi kame nagsama sa isang bahay since then parang boyfriend and girlfriend pa rin. I decided to broke up with him 4 months ago because masyado syang controlling and he wanted me to become submissive just like his mother to his father, maraming times na kame nagusap about this but ganun pa din sya.. he wants an annulment pero gusto nya ako ang magfile. Ano bang grounds ag puede ko gamitin?

Hello Trizhee.

Based on your very short narrative, there exists no ground that can be used to terminate your marriage.  The closest (term used very loosely) ground you can avail of is Psychological Incapacity.  However, you will have to prove that his behavior renders him incapable of fulfilling the essential marital obligations of love, fidelity and support... and that such behavior is grave, incurable, and most importantly, was already in existence at the time the marriage was celebrated.  You won't only need a good lawyer... you'll also need a good psychologist. 

Please review articles 35, 36, 45 and 46 (in relation to article 45) of the Family Code.  The grounds enumerated therein are pretty self-explanatory.  As mentioned earlier, your post is too short.  You might find a ground you can use based on something you haven't shared here.

http://www.chanrobles.com/executiveorderno209.htm

[Guapo Sana Kaso...]

how true na 2 years of being separated from each other will be harder for an annulment to be granted kaysa 5 years? may kinalaman ba ang number of years na magkahiwalay kayo sa paggrant ng annulment? mas madali ba talaga if mas matagal na kayong hiwalay?

Separation de facto, per se, is NOT a ground to terminate the marriage. 

At most, it is only a supporting fact to establish a case for Psychological Incapacity.  Depending on what mental issue is raised, the period of physical separation may or may not even be a factor to the proceedings.

I think the confusion stems from recent discussions about the proposed Divorce Bill (a badly written and badly conceptualized piece of legislation, if I may add my opinion), where separation de facto and legal separation were planned to be used as grounds for the termination of the marriage.  In the said Divorce Bill, if the spouses have been PHYSICALLY SEPARATED for at least 5 years OR LEGALLY SEPARATED for at least 2 years, they can file for divorce.  The idea from which your query was born may have been based on this proposed bill because, well, legal separation is always more onerous and inconvenient than physical separation.

The proposed Divorce Bill hasn't been passed.  We have to rely on the current law, and the current law doesn't count separation de facto nor legal separation as grounds for the termination of the marriage.

[Guapo Sana Kaso...]

question: may ibang bf na si ex-wife and they have 1 child plus another one on the way. Not sure if they are living together when the bf is in the country, he travels a lot. si ex-husband naman may 1 child na with his partner whom he lives together. ex-husband and ex-wife have been separated for 11 years. Civil wedding sila noon.

They are not ex-spouses then, as their marriage is still in existence.  Separation, whether physical or legal, does not dissolve the marital union.  They are still husband and wife.  Let's call them that to avoid any confusion.

Background: ex-husband was working abroad when ex-wife found someone else who has a different religion, nagconvert si ex-wife to same religion bf nya. wrote her ex-husband na maghiwalay na sila because she fell for someone else.

madali lang kaya ikuha ng annulment yong case nila? Both are willing to go through the process.

Nope.

Based on what you shared, Psychological Incapacity is the only ground that can be used, and this is quite difficult to establish.  Not only do you have to prove that either or both spouses are incapable of fulfilling the essential marital obligations, you must also prove that such incapability is grave, incurable, and in existence at the time the marriage was celebrated... not just afterwards.  Additionally, much weight is given to judicial precedence involving similar facts, and if no such judicial precedence exists, you'll have an even harder time establishing your case.

Please review articles 35, 36, 45 and 46 (in relation to article 45) of the Family Code, and determine if there are other grounds you can use.

http://www.chanrobles.com/executiveorderno209.htm

[rially004]

Sis bestky please pm the contact number.. Gusto din kasi nang cousin  ko mag file nang annulment... Thanks..

[realshaddy]

how much kaya yan sis? i have a friend who wants to file din...