Get Annulment Or Not?

[jon1]

I would put no faith in the annulment process. I know a fellow (aussie) that has been separated from his ex over 15 years now. They split amicably but now his estranged spouse wants the annulment so that she can remarry. She has paid him to file 3 years ago, several court appearances and they still are not done. They are both successful business people and are not fighting about this. 

 

I am not saying to not pursue it but don't expect it to happen overnight. I have heard of some people getting annulments within a year. It just depends on where you file I guess.

[Jack Peterson]

ps. Sorry for hitting you between the eyes first thing Jack, but we were discussing it last night and I told her I would start a thread this morning to see what the members' views were.

On the bright side Jack, I got the upstairs engine running early for you, no charge!!

 No prom, the phone was ringing anyway, so I had to get Up   :hystery:

 

But have a look at this:

 

 http://www.pcw.gov.ph/wpla/legal-separation

 

Hope all gets sorted. Although, nothing is easy anymore. :no:

 

JP :tiphat:

[mogo51]

I dont know much about him, apart from the fact that my gf supported him for several years before she went overseas to work and get his children through University.  Last one into his last month or so now. (you know I doubt either of them really appreciate what she has sacrificed for them), but what is new about that?  Seems to be the same with young peoplle the world over.

From what I read the 'legal profession' are far from trustworthy over there. So the answer may be to keep plenty of distance between us and him.

[Jack Peterson]

From what I read the 'legal profession' are far from trustworthy over there. So the answer may be to keep plenty of distance between us and him.

 

:unsure: Unfortunately That may be a little hard with the way the court system here works, but talking to my Barangay captain not long ago about this sort of thing, He can arrange a restraining order on keeping him out of the Barangay you live in. This does not have to go to Court to operate, his signature is good enough.

 

Of course no one wants to use these type of tactics but........... better to know things when you need them  :thumbsup:

 

JP  :tiphat:

 

BTW did you try that Link?

[sonjack2847]

I would stay away from the place where the idiot is and still try for the separation. That is if your GF is willing to stay away from where she used to live.

[Dave Hounddriver]

Also whether I am overreacting or is it a real possibility?

 

It is a real possibility.  As Jack pointed out, a legal separation is available and that will make your position and standing quite clear, however the ex husband is likely to put forward the view that she dumped him for a richer guy and he deserves some of that new-found wealth.  If I recall correctly, in Philippine family law the husband is entitled to half of all the assets she acquires up until the time a separation is filed.  I do know that logic does not play a big part in the judges decision to grant the separation but kids do.  Did she leave him with any kids to raise?  That is commonly done when a married woman goes to another country as an OFW.

[jpbago]

   We started our annulment process August 2012 and after 6 hearings, we are told that it will be granted this coming June. I will believe it when I see it. We took a package deal for 180k with 50k down. Our grounds are assumptive death and abandonment as the ex jumped ship 8 years ago leaving his wife and two daughters as squatters living with her mother and 50 other family members all 50m from the communal pump. The ex has since changed his name and remarried. Our lawyer is just not organized as if he had the required paperwork ready, it would have been done by now. He waits until the day before, which is common here, then can't get it ready in time so there is another delay.

   My advice is to stay far away from the ex as he will want money or worse, he will want 1/2. He may ask for money or he will file bigamy charges. Some of these women will even go back to their abusive bigamist husbands as "they love him". Five of our cousins are living common law because of the divorce law and also because they have no IDs to get married.

  For you, Mogo, a legal separation (perhaps back dated) and a restraining would be the way to go for now.The legal separation is for property/debts but I don't know how it applies to you living with your g/f. Being that the ex stayed here and raised the children could be a problem. Don't try to think logically.

[mogo51]

Thank you all for the informative comments.  Just a few things from those discussions.  The ex does not live near her family, he is in outer Manila, gf family in Illoco Sur North Luzon.

GF was supporting family as he got the sack.  She was teacher in Phils. She kept teaching in Illocos Sur and sent money monthly to her children, after ex and children moved to his sisters house and he got money from his sister.  Gf then went O/s to Thailand and has worked here 7 years paying money to children every month for education and subsistence.

Dropkick husband has not worked since 2003.  Children now all educated thanks to her, last boy in last few months of Uni.

 

Some thoughts, we buy the property we will live in in Phils in joint names, I make a will which will leave property to gf and when she falls of the perch, house sold, divided between her 2 children, my two grandsons, she leaves will saying same, in the unlikely event of me outlasting her.? 

Would that work, along with the Separation Order and if necessary restraning order (but I doubt it will be necessary).

[Jack Peterson]

Some thoughts, we buy the property we will live in in Phils in joint names,

 On this no can do, All will be in your wife's name and the children will Inherit Unfortunately there is nothing to stop the children  willing a Part to the Husband but then again, he could contest any will as long as they are still married.

 

 

Mogo it can all get messy if you are not on the ball with things, as we will all tell you, we are not lawyers and can only tell you from our own experiences. Please seek Legal Advice 

 

JP :tiphat:  :thumbsup:

[Dave Hounddriver]

paying money to children every month

 

I just hope she kept every (and I mean every) receipt because this could get ugly.  If I were in your position I would ot be moving ANY money into Philippines and property in joint names is smoke and mirrors.  Yes, some foreigners have their names on the title but it is for appearances only.  Ask a GOOD lawyer and they are hard to find as the majority of lawyers here will tell you whatever they think you want to hear to keep the money rolling.  And of course each foreigner thinks he has a GOOD lawyer as each one is telling him what he wants to hear.

 

My personal experience with lawyers here?  My former gf has an uncle who was considered by anyone you ask to be the best and most honest lawyer of that province, and yet he was still disbarred for a year for helping to facilitate the sale of property 'owned' by a foreigner who was not in the country.  Of course he continued to practice behind the scenes and it is all over with a pat on the back now but the foreigner never will get 'his property' back, nor will he ever see any money.