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Annulment:Is it Possible?

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1 Annulment:Is it Possible? on Tue Aug 07, 2012 12:23 pm

confusedlady


Arresto Menor
I got married way back 2003 and has 3 kids, we've been living separately since 2008 and i left in the Philippines for work kids stayed on his parents with him and came back this 2012 and kids are now with me. He is supporting our kids financially. But since i left and came here no communication at all. Money sent through his parents.
During our relationship as husband and wife we are living in his parent's house during my 2nd pregnancy I've learned that he was having an affair with another girl she got pregnant but they aborted it. After learning that I still continue living with him for the sake of my kids. But during our 3rd baby i've learned that he has another girl and after talking with him he said that he wants to be free coz he didnt love me anymore. So i left.Just now i realized that During that relationship i suffered emotionally waiting for him in the evening to be home, while he was with another woman, thats why he can't be with me in public.Because he was hiding something. Now i met someone and want an annulment to marry him. Do you think is it possible? Thank you

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2 Re: Annulment:Is it Possible? on Tue Aug 07, 2012 1:16 pm

tatak


Arresto Mayor
from the attending circumstances, annulment is not legally not possible...

Art. 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 a ground for annulment.

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3 Re: Annulment:Is it Possible? on Tue Aug 07, 2012 5:05 pm

concepab


Reclusion Perpetua
confusedlady wrote:I got married way back 2003 and has 3 kids, we've been living separately since 2008 and i left in the Philippines for work kids stayed on his parents with him and came back this 2012 and kids are now with me. He is supporting our kids financially. But since i left and came here no communication at all. Money sent through his parents.
During our relationship as husband and wife we are living in his parent's house during my 2nd pregnancy I've learned that he was having an affair with another girl she got pregnant but they aborted it. After learning that I still continue living with him for the sake of my kids. But during our 3rd baby i've learned that he has another girl and after talking with him he said that he wants to be free coz he didnt love me anymore. So i left.Just now i realized that During that relationship i suffered emotionally waiting for him in the evening to be home, while he was with another woman, thats why he can't be with me in public.Because he was hiding something. Now i met someone and want an annulment to marry him. Do you think is it possible? Thank you

Consult a lawyer to have your situation review. There must be a way for annulment, may be psychological incapacity.

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4 Re: Annulment:Is it Possible? on Tue Aug 07, 2012 6:11 pm

confusedlady


Arresto Menor
Thanx.... Smile Replies appreciated...

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5 Re: Annulment:Is it Possible? on Tue Aug 07, 2012 7:30 pm

Atty.Melki


Arresto Mayor
Annullment on the ground of Psychological incapacity may be the way for you. However, you really should consult a lawyer because your situation is unclear with the facts that you wrote.

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6 Re: Annulment:Is it Possible? on Tue Aug 07, 2012 7:52 pm

confusedlady


Arresto Menor
Thanx Atty. Melki.... I'll try to see one. Regarding on details.... See the following:
During our married life, I am always waiting for him until sunrise to be home thinking that he was late due to his work then realized that he was out with his girlfriend, when he was off for his work he prepared to stay out and drinks with his friend maybe because he is still young and not yet ready for the responsibilities. He was 19 and I was 21 when we get married.
After he told me that he didn't love me at all I lose my self confidence and thinking that I was not worth to be loved and I got the way of thinking that every man just want sexual relationship based on my experience with him.
At present, his relationship on his girlfriend is still on going based on the pictures that i saw on facebook and we don't have communication at all. He is currently working in another country and starts giving financial support through his family last July.

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