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Contesting an Annulment

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1 Contesting an Annulment on Tue Nov 15, 2016 5:30 pm

Vanessa Pandora


Arresto Menor
I've been separated for more than ten years now and I just learned thru social media that my marriage has been annulled and my ex-spouse has remarried. I never knew that court proceedings have been going on, I never received court summons nor the court decision.

We have five children and several conjugal properties. What should I do now? Do I have the option to question or contest the annulment or declaration of nullity of our marriage?

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2 Re: Contesting an Annulment on Thu Nov 17, 2016 5:04 am

marlo


Reclusion Perpetua
Try getting a copy of NSO marriage cert to have full confirmation. if there is none, then husband is liable for bigamy case if your marriage to him is still valid prior to his 2nd marriage that is.

you mentioned separation on which case, can be legally thru court or simply an assumption that is.

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3 Re: Contesting an Annulment on Thu Nov 17, 2016 6:55 am

Vanessa Pandora


Arresto Menor
I went to the NSO and asked for a cenoma for my ex-husband and a copy of our marriage certificate.

The cenoma indicates a second marriage to the new wife and that our marriage has been declared null and void ab initio.

My marriage contract also has an annotation that our marriage has been declared null and void ab initio by a certain judge in a court in Luzon. Further research showed that the judge granting the annulment has been discharged from service because the court was a sort of "annulment mill" in the Philippines.

My question: Can I contest the annulment? Do I have any grounds for contesting it? A fictitious address was given by my ex-husband for my address that is why the court summons never reached me. Can I file perjury charges against him?

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4 Re: Contesting an Annulment on Thu Nov 17, 2016 6:45 pm

marlo


Reclusion Perpetua
I think you can visit the court that granted the decree and have a copy of that finality. consult an atty of your future actions if you plan to contest or appeal is still possible as you had mentioned that the judge was sort of "money mill" for annulment cases.

from your visit, it might lead to acquiring knowledge of the grounds used on that annulment case and even the address used on summons. if the ground was presumptive death, then I think that can be over turned easily. consult your atty further. PM sent btw.

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5 Re: Contesting an Annulment on Thu Nov 17, 2016 11:31 pm

Vanessa Pandora


Arresto Menor
Fictitious address was used. Neither of us lived in that remote province where the "annulment mill" court was located. Hindi presumptive death ang ginamit na dahilan.

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6 Re: Contesting an Annulment on Fri Nov 18, 2016 12:29 am

marlo


Reclusion Perpetua
I'd suggest to seek advise from your legal counsel for possible escalation options since you had already lost your right of defense on that case due to fictitious address used. And imho, a need to explore the rights of children to financial support as well as part of nullity case had to be taken into consideration, which I supposed was not taken into account as well.

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7 Re: Contesting an Annulment Today at 10:23 pm

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