Author Topic: ALL ABOUT ANNULMENT, DECLARATION OF NULLITY, LEGAL SEPARATION, RA 9263, ETC  (Read 4636 times)

riaenvodka

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HI mga sis, i've received many inquiries regarding annulment, declaration, etc.

Iba kc yang 3 na yan..just to give you insights.

Declaration of Nullity -ibig sabihin, the marriage is void ab initio or void since the start of the marriage, eto yung Art. 36 (psychological incapacity), Art 37 (maraming grounds ito)

Annulment naman is valid sya at magiging void nalang after the declaration of the Court.

Lega Separation naman is separation de facto lang, kung baga bed and board lang pero kasal pa rin kayo sa mata ng batas at yung property nyo lang ang mahihiwalay.

What is the procedure?

1. Consult a lawyer (this is the most impt mga sisses)

2. Look for a psychologist who can assess you and do your psych report (if psych incapacity ang ground mo for declaration of nullity of marriage)

3. Prepare the petition with attachments

4. File in Court (I'm not sure how much ang filing fee dito)

The Cost?

hmmmm...

base sa mga kilala kong lawyers halos 200k and up, pero some 150k. usually, lahat na yun, pati psych.

of kung may payag naman na lawyer, you can hire him/her separately (just pay his acceptance then appearance) then kaw na bahala sa psychologist.

hope this help mga sisses.

"The world is a book and those who do not travel read only one page.” – St. Augustine

Pookiekai

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Thank u sa info sis. OT siguro ito but this also concerns declaration of nullity. What if both parties (both of them are still married to other people when they got married) committed bigamy? Then nagkaanak sila, tapos since bigamous yung marriage, nadeclare na null and void. What will happen to the child? He has been named under the man's name as if legal yun marriage kasi me marriage cert na isinubmit sa hospital for the birth certificate. Pero since his parents' marriage has been declared void ab initio, is he considered illigitimate? Ano dapat gawin sa papers ng bata?
We're having a little boy. :)

crescent_mac

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Re: ALL ABOUT ANNULMENT, DECLARATION OF NULLITY, LEGAL SEPARATION, RA 9263, ETC
« Reply #2 on: September 10, 2014, 09:09:11 am »
iba iba ang grounds and legal effects (this includes the effects on the status of your kids from marriage) ng annulment, declaration of nullity and legal seperation.
depends on what you want to happen.

1.Void marriages for declaration of nullity -- those are the ones na  kulang sa requirites for marriage. like pareho boy yung kinasal hehe, or walang consent si groom (shot gun marriage) or fake ang marriage license. -- just means there was a ceremony but never talaga kayo kasal kaya pwede ka kasal ulit.
2. Voidable -- for annullment -- with the most famous ground na lagi gamit whether true or not, psychological incapacity. di kahon na to. oo ka na lang ng oo.. lawyer na bahala sayo, sometimes yung psychologist asa payroll na ng lawfirm. will cost you at least 200k. pero note that a legal annulment is different from church annulment ha. --after this plus pag ok na judicial seperation ng property, pwede ka na ikasal ulit. -- voidable just means, there was a marriage except may itanago sayo BEFORE the marriage, that you can use as grounds to void your marriage.
3. Legal Seperation -- kasal pa din kayo. mag kahiwalay lang ng Room and Board. usually the reason or grounds are things that happens AFTER your marriage. pero may  seperation na kayo of property, if hindi niyo ginawa with a prenup before marriage, la na siya habol sa pera mo and di ka na pwede kasal.

hope that helps.. its not complete and i wont vouch that what i wrote is 100% correct. but you guys can check the Family code if you want to see the legal basis of what i just wrote.
oh and if your really really looking for a lawyer to help you out.. PM me. I know who are the ones who can get you an annulment ng hindi pumapapel si Solicitor General para ipaglaban ang validity ng marriage mo kahit ilan ilan na babae at anak ng asawa mo sa labas.


crescent_mac

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Re: ALL ABOUT ANNULMENT, DECLARATION OF NULLITY, LEGAL SEPARATION, RA 9263, ETC
« Reply #3 on: September 10, 2014, 09:19:30 am »
Thank u sa info sis. OT siguro ito but this also concerns declaration of nullity. What if both parties (both of them are still married to other people when they got married) committed bigamy? Then nagkaanak sila, tapos since bigamous yung marriage, nadeclare na null and void. What will happen to the child? He has been named under the man's name as if legal yun marriage kasi me marriage cert na isinubmit sa hospital for the birth certificate. Pero since his parents' marriage has been declared void ab initio, is he considered illigitimate? Ano dapat gawin sa papers ng bata?

illegitimate -- basis art. 41 Family code
the birth certificate is not a basis of legitimacy or not. it's just a proof of Filiation (art 172 & 175 of the family code)
you dont need to do anything. but he wont enjoy the same rights as a legitimate kid. unless he gets adopted by the dad i think.

 


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