Anullment

[TERENCE]

Hi guys long time no talk...lol My friend is planning to marry philipina lady and settle in pi but she is already married to phil man. He told me he has to wait to 2014 to marry in pi is this correct or how can he get anulment faster. Be interested in anyone who has experience of this before? many thanks... knowing pi laws there must be a faster way lol :lol: Best regardsTerence

[Bruce]

This is a good thing. Waiting until 2014 may actually prevent an expensive divorce later. As for the annulment cash speeds things up and there is no guarantee that the courts will accept it. (more money) Is she positive her marriage was recorded with the government? Is her former husband cooperative? Or will he want money not to cause problems?

[Curley]

Can someone define anullment as understood in the Philippines please.

[Mr Lee]

Can someone define anullment as understood in the Philippines please.

In short I believe it is basically like it never happened but in the Philippines not very easy to get, usually takes years, and cost a bunch of money. PHILIPPINE ANNULMENT RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

[Curley]

Can someone define anullment as understood in the Philippines please.

In short I believe it is basically like it never happened but in the Philippines not very easy to get, usually takes years, and cost a bunch of money. PHILIPPINE ANNULMENT RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

Many thanks for your answer.

[Garpo]

Can a non Filipino file for an annulment if they are married to a Filipino? Say if one of them is a foreigner and it is the foreigner that wishes an annulment for example. I am not sure but it is my understanding that only the Filipino can file for an annulment.

[joeatmanila]

Very simple and not ethical.250.000p can dissapear all paper and electronic records from municipality offices and NSO, you get the originals (which you better burn after getting them) and no proof of any record of marriage, suddenly she is single and never married.Her ex or whomever if they go to claim the marriage through the certificates he has on hand, all he can then manage is to be blamed that he has falsified documents and be hunted. you might need to pay another 70-100.000 if that happens.Go the legal way, if you ever get it, after all the years and after all the expends you have done by then and you will realize you spended more and you achieved less. Up to you!!!

[Dave Hounddriver]

knowing pi laws there must be a faster way lol

Go the legal way

Agreed. Lets keep our actions and recommendations on the correct side of the law.

[ancienrocka]

The law defines only 6 reasons why an annulment can be granted - see belowArt. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.The grounds for annulment of marriage are:1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.SEPARATION: being separated from your spouse with or without communication is not grounds for annulment. It does not matter how many years you are separated. There is no law that annuls or voids a marriage automatically. Only a judge in a court of law can annul, void or nullify a marriage.INFIDELITY: is not grounds for annulment.My advice is to go to see a lawyer - they probably know a few more! The last quote I had for a client was about 120,000p and around 12 months.

[daisy]

Can a non Filipino file for an annulment if they are married to a Filipino? Say if one of them is a foreigner and it is the foreigner that wishes an annulment for example. I am not sure but it is my understanding that only the Filipino can file for an annulment.

You just file a divorce. I know someone who have been married twice with Filipinas. Been living here in PI for a long time. It is good that you should be the one to file a divorce rather than your Filipina wife because if she will, then she will remain legally bonded to you since we don't recognise divorce here. In this case your law is being followed.