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

Need help po about annulment.

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

1 Need help po about annulment. on Tue Jun 23, 2015 11:43 pm

iamcarl


Arresto Menor
Hi! Gusto ko lang po magtanong about sa situation namin ng ka live-in ko. Seperated na sila ng wife nya for 8 years and no communication din. Ano po kaya ang madaling paraan para mapawalang bisa ang kasal nila? Pls need help po. Thank you po sa sasagot.

View user profile

2 Re: Need help po about annulment. on Wed Jun 24, 2015 11:24 am

raheemerick


Reclusion Perpetua
tanging ang korte suprema lng ang may kapangayrihan mapawalang bisa ang isang kasal sa pamamagitan ng tamang proseso at petition gya ng annulment or nulity of marriage.

ang hndi pag kakaroon ng comunication ng isang mag kahiwalay na asawa ay hndi basehan upang mapawalang bisa ang kanilang kasal.

aside sa annulment. study mo din ang nulity of marriage or declaration of void marriage. and even yung isang option na "presumptive dead"


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 grounds for annulment.

View user profile

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