Comments on: Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

By: gmluv

gmluv — Thu, 28 Aug 2008 08:46:48 +0000

Atty,

My husband and I are separated for 7 years now. He left for another woman and has started living a new life with her in UK.

We have a 6 year old daughter under my care and he has never given support in any kind since we separated.

1. Is this enough ground for annulment?
2. I am planning to file the case, will the case pursue even if my ex-husband is outside the UK?

Thanks.

By: arkhaen

arkhaen — Tue, 19 Aug 2008 16:42:32 +0000

Hi…Atty..I do have a question… If in case that I (23 yrs old) have a boyfriend (35 yrs. old) who is married and his wife (34yrs. old) has another man (36, single) abroad before we had a relationship, and if in the case that he haven’t file any legal separation yet what will be the consequences if we just live together, have a child and we will not enter into any marriage..Will these have any disadvantage to us or to my future child, when we speak about legal matters?

if in the case he files a legal separation, what will be the difference on the said example above, or is there no any difference at all?

Hope to hear a feedback…thank you.

By: diverman

diverman — Sat, 09 Aug 2008 16:21:19 +0000

dear sir/madam i arrived in the philippines on july 24th 2006 my filippina wife and i were married on july 27th 2006 but the authenticated document of our marriage is dated august 7th 2006.
i understand that under philippine law the foreigner husband must be residing in phills for a period of 10 days before a marriage can take place.
since we were married my wife has constantly taken large sums of money from me and now has moved away from her home and refuses to talk to me.
because of the descrepancy in the marriage dates can you tell me if the marriage is legal or not and also what can i do to have the marriage declared null and void.
I am from the U.K. and we were married in lapu lapu cebu city.

please help me in this matter as it is causing me stress at the moment.

martin g

By: laila2007

laila2007 — Fri, 08 Aug 2008 13:30:54 +0000

Atty Fred, i was christian before. I convert to be a muslimah(girl muslim) last year and our muslim leader said that im considered divorced to my christian husband because he dont want to be a muslim too. He dont want to embrace Islam until now and according to Islam, 3 months is enough to give him a chance. Is Shariah recognized by our Pahilippines LAws? Am i really divorced to my christian husband?

By: wp08

wp08 — Thu, 31 Jul 2008 05:56:41 +0000

Atty. Fred, i’m plannning to file an annulment case, and i’m still saving up for the expenses during the process. i’ve read somewhere in your blog about the atorney’s professional fee at around 50 thousand or more depending on the attorney. Will there be other expenses to follow once the decision is granted and assuming it was hopefully declared null and void?

By: arbee

arbee — Mon, 28 Jul 2008 19:55:43 +0000

cont.:

I would like to add that my ex-h is now a father of a 2 yr old child. Buti heard that they are still not married..

In that case, can I marry my fiance now?

If my “SM” (before )is valid, how can I make my marriage this time (to a right man) valid also?

Thank you again…

By: arbee

arbee — Mon, 28 Jul 2008 19:47:08 +0000

Good day attorney,

I would like to seek advice from you regarding the
secret marriage (we just went there by ourselves with our birth certificates, without our parents’ knowing) I’ve been to when I was 20 yrs old.

We didn’t live together, I never get pregnant and we parted ways after 3 years of being BF-GF (as people know). I’m turning 28 now and someone new wanted to marry me. My questions are:

Is my past secret marriage considered valid or void

Can I marry my finace now?

I wanted to get a record at NSO to verify my past marriage but i can’t remember the exact date, and the municipality/location it was registered by the Judge in Manila City Hall.

My deepest thank you for helping me!

By: cytwarshock

cytwarshock — Sat, 26 Jul 2008 04:55:08 +0000

i am married to a foreigner and now we don’t have communication already i heard that he is living with someone else right now i also heard that the girl is also a filipina.. is there a possibilities that they can get married outside the country because they are in japan right now even though me and my husband is still married here in the philippines? and is there something i can do how if they got married how can i have my rights and how can i file a case and what case do i have to file and where can i file it’s hard because they are outside the country.. most of all we have a son and now he is not doing his obligations even to his son he is not sending money or anything to support his child.. pls tell what is the best thing i can do? can i banned them so that my husband will not be able to come here in the Philippines?is that possible? i want to know all because i want to do something to for my me and my son he just abandoned us as easy as that please help me..

By: bri

bri — Tue, 22 Jul 2008 17:07:54 +0000

hi atty. im not a law student but iam very intrested in laws regarding marriages and property relations. i just have a few questions.
1.when a court declares that a spuse is dead (presumptive) is the surviving spouse free to remarry? is the marriage dissolved or considered as no longer valid just like in the case where one of the spouses dies a natural death or is physically dead?

2.When the surviving spouse remarries and acquires properties with the new spouse in the second marriage , do the kids from the previous marriage still have a share on these properties ? or are they already strangers with regards to the new properties?

By: magg

magg — Sun, 20 Jul 2008 04:14:00 +0000

hi attorney.. i would just like to ask how many percent is the probability of getting an annulment when a man married a woman (both of legal age) who is pregnant but he is not the father of the child? note: the man already knew that the woman is pregnant with somebody else’s child before months before they got married. and now the man realizes that he made a mistake and just got overwhelmed of the situation? he said he didn’t know what’s gotten into his head to decide to marry that girl..pls help. i think this man is psychologically incapacitated..

By: sooo_blue_me

sooo_blue_me — Fri, 18 Jul 2008 06:43:22 +0000

hi attorney.

i was searching for websites that could help answer my questions regarding annulment issues and sad to say, i found nothing helpful. Until I came upon this one that caters to all my needs and inquiries. i am so thankful.

Anyway, my concern is this. When I was 21, I got married to an older, filipino guy who is a permanent resident of the states. but that time, he was still a filipino citizen. he got married cz he wants to have kids, I got married for the sake of being able to reside in the states. and for financial reasons. but since last year,i decided i dont wanna stay in the marriage anymore.

everytime he comes home to the philippines, we dont get along. we never spend time together, we dont talk, we treat each other coldly, we dont stay in the same room, and most especially we never slept together. recently, he never sends me money as he regularly did and he doesnt communicate.

based on what’s going on between us, do i have enough grounds for annulment? please help.

thanks!

blue

By: naomi

naomi — Tue, 17 Jun 2008 15:39:01 +0000

Hi, My husband and I had a problem in 2005, while I was pregnant w/ our 2nd child it was an email battle that leads to separation he said it was my fault. When I gave birth He came home just to pay the hospital bill that was SEpt 5, 2005. after a long time of begging him to come home and all he said he dont love me anymore and there was really no third party.

I have file an RA 9262 in November 2008, for abandonment and child support, just right after my mother died, during the process of collecting all the evidences, I found out via CENOMAR that he married another woman in La trinidad Benguet, Sept 9, 2005. I filed a case for BIGAMY, He did not attend the preliminary hearing in both complaints I have filed against him, The bigamy case was dismissed due to lack of jurisdiction since I filed the same in Pasig, when the 2nd marriage happenned in La trinidad Benguet.

I am raising my children alone, spending every night and day crying and worrying about their future and how will I be able to send them to school, Now I have developed a heart problem as well as financial problem that I really cannot afford to pursue the case. I really wanted him to suffer in jail because of what he’s done to us, what can I do?

The RA 9262 case has been filed. I am now awaiting for the Order be signed for the warrant of arrest. We’re both working on the same building and I can see him and his new GF loitering around happy together while he’s not supporting his kids. Can you help me find a way to arrest him when I get to have the warrant

By: » Divorce in the Philippines

» Divorce in the Philippines — Tue, 03 Jun 2008 17:29:40 +0000

[...] http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/ [...]

By: cj_577

cj_577 — Thu, 29 May 2008 18:39:16 +0000

Dear Atty,
I have a question and i think you can help me answer them. my partner is a U.S ctzen who’s been seprated for almst 4yrs now. he is currently residing in the US and his wife is hear in the philippines.he filed a divorce and been granted. my question is can he marry again here in church or a civil wedding in the Philippines because were planning to so he can file a petition for me and our son to go to the U.S.?if so, how can we get marry?Pls help me.Thank you.

By: raiyan16

raiyan16 — Sun, 25 May 2008 01:37:57 +0000

hi atty!

i have read the grounds for annulment, i have concerns, me and my wife of 6 years have a “dysfunctional” relationship… to make it short, i found out that she has another guy… through her emails and other internet accounts… i dont know if they make out, but have endearments and ” i love you’s and i miss you’s” scattered all over. since i have that knowledge, i never touched her again… i think its almost 2 years na rin… i confronted her, and yet she denies about it… i even found birth control pills on her bag, and as of now, she’s using it for 3 consecutive months, and my point is how come i didnt know about that she’s using those pills? and she said that she’s using it for skin treatment (pathetic excuse)
i am not happy anymore with all these lies. is there any way that i can get out of this marriage? im only human, of course i found someone, last month ago… that’s the time i begin to do something just for myself… i hope you can give me the best thing to do… thank you so much! god bless!

By: robert_d75

robert_d75 — Wed, 07 May 2008 17:48:56 +0000

Hi Atty,

Sir I am realy worried about my situation, I’ll shortly narrate the situation, I meet a filipino woman over the internet, two years back. She is a legally saparated woman and is a mother of 2 kids, she says that she doesnot have the marrige license as well, now if i come there in philippines and stay in a hotel with her for 10-15 days, will I be commiting any crime or will I be breaking any provision of any law? Or is it a case of Adultry? Or bigamy?
And the reason why they got saparated is that her husband started living with another girl even when they were not saparated, plus he also used to physically hurt her.
Reply to me ASAP
Thanking you

By: myn_75

myn_75 — Mon, 21 Apr 2008 15:55:38 +0000

my sister has been married to an older guy on March 18, 2000. Since then, since they were married, the husband continues to provide financial support not only to his mother but even to his nephews and nieces. Sa madaling salita, siya pa rin ang inaasahang breadwinner ng extended family niya.

Lately, Dec 2007 they adopted a child (birth cert and baptismal cert. under the spouses name) no legal adoption happened but the papers as mentioned recognize them as parents.

HIndi siya makahiwalay sa palda ng nanay niya. Hanggang sa mas pinili na niya yun, dun na siya umuuwi sa nanay niya at iniwan na ang asawa niya. Hindi na nagbibigay ng pera, dumarating lang siya mgadala ng pagkain, diaper, then he is asking for his wife na kumuha ng lawyer at maghiwalay na sila.

High-school graduate lang ang sister ko, while he is an accountant (CPA) at BIR-quezon city. SInce nagasawa sila hindi niya pinagkatiwalaan sa pera ang asawa niya. binibigyan lang ng budget na 50 pesos pangmeryenda daily. at iyon ang isinisave ng babae para may pera siya.

Ang mother ng lalaki ay sumusulsol ng ANNULMENT para siguro walang mapuntang properties sa babae (bahay at lupa) in case mamatay ang sakitin na lalaki.

Sa part ng babae, ayaw niya na maghiwalay sila, pero ang sinasabi ng lalaki at ng partido niya ay masama ang ugali ng babae kaya dapat na sila maghiwalay. Hindi naman makapagstep ahead ang babae dahil 4 months pa lang ang baby, at pinaalis na ng biyenan niya ang katulong sa bahay. Wala ring malaking pera ang babae upang pang-gastos sa complaint of non-support sa asawa niya.

Umamin ang lalaki na may babae daw siya.

So anong magandang gawin? pwede ba magfile ng legal separation? pano masiguro na magbibigay ng sustento?

By: free2live_26

free2live_26 — Mon, 14 Apr 2008 17:29:58 +0000

hi..gud am, atty. fred. i just happen to see this site and so glad that there’s a place where we can get useful info regarding the law. i’m asking on behalf of my cousin who works abroad. here’s his dilemma, he was married 1999 at the age of 17 and the girl was also 17.after the church wedding, they split apart after several weeks of living together, thanks to the girl’s mom. they had a daughter together. to make a long story short..9 years passed and they have no communication eversince. now my cousin is abroad and has finally found the girl of his dreams and wants to marry her. they were asked to provide copies of singleness. how can my cousin get this? will he be able to get one? if not how can he get one or at least how can he fix everything the legal way. what is the exact process? we were told that there is a need to publish something in the newspapers but we opted to research and ask people who best know the law. hope you can enlighten us. and thanks in advance!

By: emelita navarro

emelita navarro — Mon, 07 Apr 2008 06:22:37 +0000

hi atty fred,
sana po matulongan nyo po ako sa problema ko.kinasal po ako sa atorney.year 1995.pero 15 years old lang ako noon.pero nong kinasal kami d po hinanap ang birtcertificate ko.pero ang nilagay na edad ko ay 25years old.pero ang husband ko noon ay 30years old sya.after 2years kami nagsama nag abroad ako.bihira ako umuwi.kasi napilitan lang ako nagpakasal sa kanya.ate ko dapat ang may asawa sa husband ko.pero nag run away ate ko.sinalo ko lang ang kahihiyan namin.dahil kina usap ako ng parents ko.hanagang ngayon nandito ako sa abroad.ang tanong ko puwede ba akong mag file na annulment.sana matulongan nyo po ako.pumunta po ako dito sa aboad single ginamit ko salamat po.antay ko po ang inyong reply.

By: crizelt

crizelt — Tue, 01 Apr 2008 10:24:01 +0000

HI ATTY.,

My partner had been separated (not legally yet) from his wife for 9 months now. were planning to get married abroad because he still hadnt filed annulment to nullify their marriage here, would that be possible?