Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Which of the grounds for annulment to file to nullify marriage?

View previous topic View next topic Go down  Message [Page 1 of 1]

mayclark18


Arresto Menor
Hi,

I got married August 2006, I was 18 at that time and just gave birth to my son February 2006. For a lot of different reasons, I broke up with my husband October 2011, but before that, I have been living with my sister and him with his parents since July 2010 because he had a quarrel with his mom which forced me to move out. Since then, I have been wanting out of the relationship. He has deeply become a drug addict, hasn't been providing financial support for our kids and is still unemployed. He lives with his parent together with our 2 boys. I am the only one providing financial support. I could not take my kids with me because no one would look after them while I am at work and to get a nanny would not be wise, financially. I have been meaning to file for annulment. Can I file for financial incapacity and psych incapacity? Since he's been abusing drugs, I have reason to believe that he has been irrational and unreasonable and paranoid all the time. Please advise. will greatly appreciate it.

Thanks!

View user profile

cyndy_2006


Arresto Menor
hi,

just want to ask,is there a chance that we can get married because her wife is still in comatose for a year in a half now..

thank you

View user profile

attyman


Arresto Menor
psychological incapacity would be a proper ground. here, you have to established through a psychologist that your husband had been unable to fulfill his marital obligations and that these characteristics you've mentioned has been in existence prior to your marriage, only, it started to manifest after its celebration. better yet, try seeking for a legal representation in order for you lay the facts properly and for a better legal advice. best of luck

View user profile

attyman


Arresto Menor
so long as a valid marriage still exists, whatever the state his wife is in, you cannot get married. otherwise, you can both be charge with bigamy for contracting a second marriage while there is a previous valid one

View user profile

cyndy_2006


Arresto Menor
but can he filled annulment for this ground?

View user profile

adel.villafuerte


Arresto Mayor
For purposes of remarry, you need the assistance of counsel to file a PETITION FOR ANNULMENT OF MARRIAGE. PETITION FOR ANNULMENT OF MARRIAGE is different from PETITION FOR DECLARATION OF NULLITY OF MARRIAGE. ANNULMENT means that the essential and formal requisites of marriage are present during its celebration, while in NULLITY the marriage is void ab initio (void from the beginning) or VOIDABLE for reason of insufficiency of the formal requisites of marriage. In annulment, you have to prove that PSYCHOLOGICAL INCAPACITY exist before and during the celebration of marriage and you need the services of Psychiatrist to prove the same and to prove further that there is no collusion between the parties.

Finally, no remarriage is allowed by Philippine laws unless there is a JUDICIAL DECLARATION annulling and/or nullifying the prior marriage. Celebration of second marriage without such judicial declaration commits a public crime of bigamy.

View user profile

cyndy_2006


Arresto Menor
Can a permanent illness and disorder like comatose is a ground to filled nullity of marriage?

View user profile

8 anullment on Wed Jan 09, 2013 5:21 pm

lovely anne


Arresto Menor
hi i wanted to file an anullment to my husbond were benn separated 4 years ago and he had leave in partner now. we have one child can i ask a support to our son? Im looking a lawyer now can you help me and introduced some lawyer to me. im from Diffun, Quirino. Thank you.

View user profile

adel.villafuerte


Arresto Mayor
Can a permanent illness and disorder like comatose is a ground to filled nullity of marriage?

ANSWER: NO. The ground for Declaration for Nullity of Marriage (void ab initio-void from the beginning or voidable marriage) are the absence of any of the ESSENTIAL and FORMAL REQUISITES of marriage, to wit:

ESSENTIAL REQUISITES:

1. Legal Capacity of the parties and must be man and a woman
2. Consent freely given in the presence of the solemnizing officer

FORMAL REQUISITES:

1. Authority of the Solemnizing Officer
2. Marriage License; and
3. Marriage Ceremony with at lest 2 witnesses

View user profile

attyLLL


moderator
cyndy_2006 wrote:Can a permanent illness and disorder like comatose is a ground to filled nullity of marriage?

if the degree of comatose reaches the point that the doctors will declare the person brain dead, which for legal purposes, considered deceased, then imo, the spouse can marry again.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

mayclark18


Arresto Menor
what if the guy I'm married with found out that I'm currently seeing someone else. Can he sue me for doing that? And on an average, how much would lawyers charge him to sue me? or the average amount of money he needs to do that? Is there a lawyer who would do it for free?

thanks!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum