annulment

its really a big help on my part,,to join in this discussion,,,thank

Hi! My husband is an australian, we got married here in the Philippines last May,2011. We have constant communication, but we don't live together, he was only visiting here in the philippines. Our marriage was already shaky since last November of last year. My husband is planning to file for an annulment, and planning to do it in Australia. He said, in australia if the coupl don't live for more than one year, they can file for a divorce. I get confused coz he is planning to file in australia, but we got married here in the Philippines. Can he apply the annulment in australia?

Hi Lavender, how are you? just wondering if you could provide me your lawyer's name and contact information. I had send you a message the other day and just wondering if you have a chance to read it.

Thanks in advance

Hi Atty.. Ask ko lang po regarding my annulment case.. na dismiss po kasi ung case ko and my atty said na it is not advisable to file for reconsideration coz usually daw hindi tlga naggrant, she based it on the court's decision in writing.. she suggested na to refile the case sa ibang court.. is that okay po ba na move? and kelangan ko ba ulit magbayad ng acceptance fee which i already paid her Php80k? or ung mga succeeding na court appearance nlng ung ippay ko sa kanya? Please po as i am starting to doubt her. but i am giving her the benefit of the doubt and i have spent effort and time and money on her. She owes me the service i paid her.. please advise po. thank you.

My take on that. Wag magasawa pag hindi sigurado sa taong aasawahin.

Hi Mareeza0604,

Can you please post in English language on the English forum.

Thank you,

David.

David,

What I was saying in Filipino is that. If one is not sure of someone then why marry? Marriage is a real thing not a game. It it a lifetime committment. Simple as that. As the cliche goes
"When in doubt, then throw it out" Life is simple. Life is good.

Saludos!

If its like the USA then he really can file after 1 year,but ask yourself,there must of been a reason for him to act like that,now soon youll be another woman looking for love but have to wait a long time before you can legally be married if ever.Pinays must really think very good before commiting in to marraige,maybe its a cultural difference,or sometype of wrong teachings.The ones suffering most will be the pinays,because the foriegners can always remarried if they wish.But as in any relationship honesty is the best thing.Love and materialistic benefits cannot be confused,true love doesnt come easy.When teo persons decide to seperate,its because something very critical happen between them.Im currently going tru devorce now,and will be completely free soon.But because of my past experiance i will not turn down the oportunity to find a true simple pinay that is real to her position and what she truly looking for,but she must follow her own thoughts and convictions,so fornow illhave fun for a few years,maybe she will enter my life,and if not,im sure i had fun in finding my happiness even if single,because thats what its all about,our true happiness,with or without material worth.

Hello everyone just call me Singabes, i need more advice regarding to file an annulment while i am working abroad..i want to file annulment but i don;t know where i can start..is it possible that my lawyer start processing....can do interview on internet or via email....please advice me......still looking for a good lawyer from Baguio City.....thanks and more power

hi everyone... any lawyer in la union or in laguna? ive been married 10yrs ago without child, he's in philippines and i'm here in hk. I'm not happy with him ever since. And now, i want annulment and b4 stay in the Philippines for good, i want to find lawyer as soon as possible.. Hope anyone can help... Thanks..

Hello... i would like to know what are docs needed to file an annulment and how long it takes and the cost (approx). Currently im working here in Dubai, UAE

Hi Jhovan,

Please can you introduce yourself and give us some more information about your issue, this might help to get more information.

Thank you,

David.

You would be better off finding Yamashita"s gold and paying all the attorney's,judges,and court to rule in your favor.Tried 4 years and after 5 postponements and 3 different attorney's was told my case was so compelling and so much evidence against my "wife" it may take 10-12 years to present all and try.
  Best answer is to go to another country where P.I.law honors their decision.

Hello for those who desire to seek an end of their marriage, there are several grounds since marriages are either void or voidable. A lawyer will have to assess whether the marriage complied with the formal and essential requisites of marriage.. the absence of those are grounds that makes it "easier" to terminate the marriage...however, granting that the marriage has all of those, then the only ground left is "Psychological Incapacity" under Article 36 of the Family Code...this refers to the psychological incapacity of either or both of the spouses to comply with their marital obligations...this is the most common ground nowadays and in a way a lot difficult as it will require a psychiatric evaluation of one or both of the parties... the reason why cases takes a longer time is not because of the case itself but rather because of the numerous cases that the Court hears every day. A case load of a court in urban centers average at least a thousand cases...hence the trial dates are so spaced from each other that you can have your next hearing 6 months after or even close to a year...the choice of where to file the case is critical...the lower the docket (case load) of a court, the higher the chances that the case can be terminated relatively faster.. also it will depend if the case is litigated (both parties fight each other in court) or non-litigated (only one party files, the other does not answer)...litigated takes a longer time..while non-litigated (ex-parte.one party only) takes a shorter time. for courts with less case load, a non-litigated case takes a little over a year...a litigated one will take several years as the parties will be fighting over custody and the separation of the properties...also, i suggest that if you choose a lawyer, choose a lawyer who practices in the city where the case will likely be filed. it pays to have a lawyer who knows the intricacies of each court as well as the court personnel...our firm (Rosal Diaz Bacalla and Fortuna Law Offices) is based in Cebu. Should we have clients who are based in Manila or in Luzon or based in Davao or in Mindanao, we refer our clients to our network of lawyers who we think can best handle the case for them. I hope you will find this bit of information helpful.Should you have any further inquiries, you may PM me in Facebook. My account name is Carlo Pontico Fortuna.

regards,

Carlo Fortuna

Hello Carlo Fortuna.

Welcome to Expat.com

Thanks a lot for these useful informations.

Regards.

Karen

We were married in Cebu by a Justice of the Peace around 1997 and also in the US 1998.  The wife now wants a divorce.  I do not want a divorce for religious reasons, as well as we both love our 12 yr old daughter and neither of us want to be separated from her for a long pd of time.  Is there any way to find the public records of the marriage in Cebu?  If I can prove that, it might be more difficult for her to get the divorce.

you're welcome Kar and thank you for the welcome

carlo

Hello Sir,

you may check your marriage certificate at the National Statistics Office website sir. This is the link http://www.census.gov.ph/civilregistration/services.

You can have it delivered to you. Just make sure you have the correct information. This is the Philippines Official Civil Registry. if it you cannot find your marriage certificate, then it is most likely that your marriage was not registered. If it is not, then your marriage may not official exist.

As for the Divorce, there is no divorce in the Philippines. In the US, if the laws allows her, she can secure a divorce. If she become a US citizen, she can secure it and the Philippine Court will just have to recognize the divorce decree. If she remains a Filipino and the US court allows her to secure the divorce, your marriage is dissolved but under Philippine laws she remains a married woman to you.

Hope you find this helpful.

regards,

Carlo

Hello Melai,

Yes he can because he is an australian citizen. If his laws allows that he can divorce his wife, then he can even if he was married in another country like the PH.

Under PH laws, we do not have a divorce. However, to prevent an injustice on the part of the Filipino or Filipina spouse who has been divorced by his or her spouse, our PH laws allows the Filipino spouse to remarry by merely having the decree of divorce recognized here by the PH courts.

After that he or she can marry.

Hope you find this helpful.

Regards,


Carlo

Actually, I am an American citizen.  I wish to block the divorce.  I know that I can not do so in America, but at least we will still be married according to Philippine laws.  We were married in both America & Cebu, with about 1 yr between ceremonies.

ralph.pratt wrote:

Actually, I am an American citizen.  I wish to block the divorce.  I know that I can not do so in America, but at least we will still be married according to Philippine laws.  We were married in both America & Cebu, with about 1 yr between ceremonies.

If your wife is an American citizen and you have maintained a residence in the USA for any extended period of time...No records in Cebu will help you...She has every legal right in the US to file for divorce...Most states allow a reconciliation period before a divorce is final...My advice is just let her go...Get on with your life and get visitation rights with your daughter...

Im on my 4th marriage with a Filipina and am happy and still remain friends with 2 of my ex's...

hi flipicaneze.  have you received your court decision already? if yes how long is the duration it takes you to get the finality and decree of annullment.  Appreciate your advise as I need to know atleast as basis on the timeframe.   thanks

flipicaneze wrote:

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")

hi flipicaneze.  have you received your court decision already? if yes how long is the duration it takes you to get the finality and decree of annullment.  Appreciate your advise as I need to know atleast as basis on the timeframe.   thanks

hi iryna. have you received your court decision already? if yes how long is the duration it takes you to get the finality and decree of annullment.  Appreciate your advise as I need to know atleast as basis on the timeframe.   thanks

Hi!

I am now currently staying here in UAE and I am separated for 4 years now with no communication, until I found out that my x husband get married last 11 June 2012 in Singapore and his new wife gave birth last 15 March 2013. In addition to this, I also found out that 1 lady get pregnant and he is the father. I want to file a case. Is it possible to file concubine even though that they get married in Singapore?

any advise what case I can file for him

Thanks

Hello Ralph,

I share the same opinion of Vetretreat. If she is an Amercian Citizen, the marriage in the Philippines may not be enough to stop her from asking a divorce. Maybe you can consider Vetretreat 's advice sir.

Carlo

Hello Judith,

Concubinage is a criminal offense that depends  on the situs of the crime. Meaning the place where it is or was committed. Since it is being committed in Singapore, then the laws of Singapore will apply. You can only file a case against him in Singapore if concubinage is a crime in Singapore. You also have to determine if he has not changed citizenship before he got married. If he did, then the laws of his new country will determine if he is allowed to divorce you and get married again. If the laws allow him, then he may have validly married his new wife.

Hope you find this useful.

Carlo

Thank you Carlo

Unfortunately they are staying now in the Philippines, they left Singapore after a few months they get married. Hence I've already sent and inquiry to Singapore and as what they mentioned in their email, I can still file a case even they left the Singapore and I file a case to the police for the immediate action.. I hope this will serve them a lesson.

Hello Judith,

actually there are two possible cases that you can file against him. One is Bigamy which is contracting another marriage while he remains married to you. if as you said they were married in Singapore, then you can only file a case for bigamy in Singapore if the laws of Singapore considers Bigamy a criminal offense.

On the other hand, even if they left Singapore and now lives in the Philippines (and provided you are certain that your marriage was never terminated), you can file a case for concubinage here in the Philippines.

Carlo

Concubinage btw is different from Bigamy. Concubinage presupposes that a married man is living with another woman not his wife under scandalous circumstances. the essential elements is that he is married to another woman yet he lives with a woman other than his wife. the scandalous circumstances refers to openly living with another woman not discreet.

Bigamy is marrying another person even if his or her marriage is still subsisting.

Hope this helps you.

carlo

Thanks a lot Carlo for your prompt response!

Yah it really helps me a lot... I've already send an email to Singapore and now I file the case to the police. My lawyer started to figure it out 1 by 1... Unfortunately, the new wife gave birth last march and another lady will give birth this month... 2 birds in 1 shot... that is why I want to give him a lesson... I am not after him.. I am after my freedom...

Thanks

ok hope you get it soon

carlo

how can i? annuled my self in cheapest way

Can you please give me your lawyers info??
How much did you pay??

hi,

I am from Cebu and I really need a good and inexpensive lawyer to have my marriage annulled, please if anybody know some lawyers in Cebu Philippines plese let me know. thanks!

hi,

I'm seeking a lawyer for my annulment, is it possible if I can have ur lawyers name and phone number? I am from Cebu and currently here in US, thank u and hope tom hear from u soon.

flipicaneze wrote:

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.

hi, is it possible for to get ur lawyers phone name and phone number? I am from Cebu and currently living in US and would like to get my marriage annulled. hope to hear from u soon.

Hi,
I reached this blog after being frustrated with my annulment case that is still going on. I filed my petition Oct. 2011. I am still waiting for my decision to come out. It's been 2 months since my last date of hearing. Since we have our TSN ready i was told i will wait within 45 days because the order for decision came so fast. Today I already past the days that i was promised. What I don't understand what are the processes being done during this timeline? How long will it take to wait? Please help me with details I should know from Finality of Decision to Issuance of the Decree of Annulment.


Best Regards

were already on our 2nd hearing..... god's will

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

Hi, I have the same worry when I was planning to file an annulment. I used to work abroad and been separated for 8 years now. I filed last Oct. of 2011 since then he never contest and never appeared in court and anytime these days I am receiving the courts' decision. My lawyer says its better and faster if the respondent will not contest. If the respondent will contest then he has to be good with his testimony and has a strong ground. However, if he has known any last address that he can address all the mailing will be a big help too. Like example an address they both live together but not the present address of the wife in that way he can stray all court orders. Then he can file petition by publication.
I hope this info will help your friend.