Could someone automatically remarry after being separated, or when the other spouse had been “absent”, for several years? There are a number of questions along this line that were posted in the Forum. While there’s already an initial discussion on this, the question keeps cropping up, so let’s put this issue to rest once and [...]
Archive for the 'Annulment and Legal Separation' Category
Can someone remarry even without going to court due to absence or separation?
Published by September 23rd, 2008 in Annulment and Legal Separation. 0 CommentsProposed Divorce Law in the Philippines
Published by August 5th, 2008 in Annulment and Legal Separation. 4 CommentsDivorce is a controversial topic, except that it’s often discussed with hushed voices (related discussion here). In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by [...]
Annulment in the Philippines: Questions and Answers (Part 3)
Published by January 29th, 2008 in Annulment and Legal Separation. 37 CommentsMy fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?
No. A marriage license is valid only for 120 days, and any marriage contracted after that period is [...]
Venue of Petitions for Annulment or Declaration of Nullity
Published by November 29th, 2007 in Annulment and Legal Separation. 3 CommentsOne of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void [...]
Rule on declaration of absolute nullity of void mariages and annulment of voidable marriages
Published by November 29th, 2007 in Annulment and Legal Separation. 9 CommentsA.M. No. 02-11-10-SC
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court’s consideration and approval the Proposed Rule on Declaration [...]
Costs in seeking an annulment
Published by July 20th, 2007 in Annulment and Legal Separation. 11 CommentsThere are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of [...]
Annulment in the Philippines: Questions and Answers (Part 2)
Published by June 27th, 2007 in Annulment and Legal Separation. 25 CommentsOne of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and [...]
Rule on Legal Separation
Published by April 19th, 2007 in Annulment and Legal Separation. 8 Comments(The Rule on Legal Separation, covered in A.M. No. 02-11-11-SC, took effect on March 15, 2003 following its publication in a newspaper of general circulation)
RULE ON
LEGAL SEPARATION
SECTION 1. Scope. – This Rule shall govern petitions for legal separation under the Family Code of the Philippines.
The Rules of Court shall apply suppletorily.
Sec. 2. Petition. – [...]
Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers
Published by January 11th, 2007 in Annulment and Legal Separation. 220 CommentsThere are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:
Is divorce allowed under Philippine laws?
No, divorce is not allowed [...]
Effects of Foreign Divorce on Filipino Spouse
Published by November 7th, 2006 in Annulment and Legal Separation. 7 CommentsOn 17 July 1987, shortly after the signing of Executive Order No. 209 (Family Code), Executive Order No. 227 was also signed into law, amending, inter alia, Article 26 of the Family Code. As so amended, it now states:
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in [...]
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