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Advises for Annulment

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1 Advises for Annulment on Sat May 05, 2012 5:30 pm

LMG


Arresto Menor
Good day to the advisers. I have a friend (male) who no longer live together with his wife for more than seven years. They were both Catholic but during her absence, she converted herself to Muslim.Can these ( situations mentioned above) be grounds for annulment? I will be very thankful for your advises.

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2 Re: Advises for Annulment on Sat May 05, 2012 9:40 pm

concepab


Reclusion Perpetua
Annulment in Philippines is based on the ff grounds:

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

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3 Re: Advises for Annulment on Sat May 05, 2012 11:21 pm

LMG


Arresto Menor
Salamat po...Ang pagkakaiba ba ng relihiyon ay pwedeng maging ground for annulment? Ang asawa po niya ay nag aabroad at hindi na nakipag communicate sa kanya... hindi na rin sa kanya ipinadala ang pera na para sa dalawang anak nila... Umuwi ng Pilipinas ang asawa niya pagkalipas ng mahigit sa pitong taon at nag - usap sila na maghihiwalay na... sumang ayon naman ang misis niya...
*Kapag both parties po ba ay sumang - ayon na magpa annul, maging madali po ba ang proseso? ... Pagkatapos nilang mag -usap, bumalik ang asawa niya sa abroad... maaari po ba siyang makipaglive -in sa ibang babae?
* Ang age ng asawa niya noong sila ay ikasal ay 14. Pinepeke niya ang birth certificate ng asawa para maging legal age for marriage, makakasuhan po ba friend ko ? ano pong kaso? Pwede po ba itong gamiting ground para sa kanilang annulment?
Lubos akong magpapasalamat sa mga advises ninyo...

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4 Re: Advises for Annulment on Tue May 08, 2012 10:10 pm

LMG


Arresto Menor
I'll just wait for the reply. Sana matutulungan ninyo ako.

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5 Re: Advises for Annulment Today at 4:30 pm

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