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Kindly advice

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1 Kindly advice on Thu Apr 14, 2011 12:22 pm

lifestream10


Arresto Menor
Good day!
I’m separated with my ex-husband for 7 years but not a legal. We have kids. I was 18 years old and he was 21 years old when we got married in 1997. Since there was no consent from both parents, the age specified in our contract has been adjusted.
Last October 2010 my ex-husband filed a petition to nullify our marriage. But then I’m out in the country presently. I am eager to cooperate and settle this matter so that it could be over as soon as possible. How? I am bind with my contract in here and can’t be able to attend in one of the proceeding in the court. And one thing he has his own family already. On my side, my boyfriend wants us to get married as soon as he has his vacation this year. How can I marry him if my marriage with my ex-husband has not been nullified yet? Please advice on what to do. They said it takes time before the court grants the nullification of my first marriage. Is there any other way that I won’t be waiting for so long? I know it’s not that easy but if there is the best alternative for this matter I’ll really appreciate it.
Thank you.

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2 Re: Kindly advice on Thu Apr 14, 2011 10:51 pm

attyLLL


moderator
what are the grounds of your husband in his petition? you don't have to be present for it to prosper, but it will be wise to file even just some form of manifestation that you are not opposing the petition.

annulment proceedings will take at least a year.


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3 Re: Kindly advice on Mon Apr 18, 2011 12:49 pm

lifestream10


Arresto Menor
Good day atty.!

You had asked me what my ex-husband grounds for filing the petition.
1. That I was the one after for him and I forced him to marry me.
2. That our age specified in our marriage contract was not our real age on that time.
3. That I encouraged my kids not to talk and not to be closed to their father.
4. That we don’t have conjugal property since we got married.

Refer to our age in our marriage contract, hence it is not our real age during the time the rite was held, could it possibly void or not?

The petition is on the process already and since I won’t oppose it, is it right to assumed the marriage ceremony abroad?

Thanks a lot!

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4 Re: Kindly advice on Mon Apr 18, 2011 10:42 pm

lOst_StuDent


Prision Correccional
lifestream10 wrote:Good day atty.!

You had asked me what my ex-husband grounds for filing the petition.
1. That I was the one after for him and I forced him to marry me.
2. That our age specified in our marriage contract was not our real age on that time.
3. That I encouraged my kids not to talk and not to be closed to their father.
4. That we don’t have conjugal property since we got married.

Refer to our age in our marriage contract, hence it is not our real age during the time the rite was held, could it possibly void or not?

The petition is on the process already and since I won’t oppose it, is it right to assumed the marriage ceremony abroad?

Thanks a lot!


Let me try to help. I think the grounds that your husband is relying upon are weak.

Grounds number 1, which is a marriage under duress, and number 2, absent of parental consent, have already prescribed. These grounds are already barred by law.

Grounds 3 and 4 are not really grounds for annulment. I don't know if the court will annul your marriage base on these grounds.

If there are other grounds, please let us know so AttyLLL may be able to give you a good advice.


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5 Re: Kindly advice on Tue Apr 19, 2011 11:27 am

attyLLL


moderator
i don't believe you can rely on the age issue. for one, you were really 18, and if you were to file based on lack of parental consent, that can be done only until you were 26.

unless you had a gun pointed at him, i don't think being forced can be a ground.

note that if your husband's petition fails, you might not be allowed to file your own. if only to assist, I would file a reply that includes psycho incapacity to give the petition a fighting chance. (or is this one of those package deals?)


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6 Re: Kindly advice on Wed Apr 20, 2011 11:37 am

lifestream10


Arresto Menor
Good day!
Additional ground:
“That we did not live together after our marriage.”
The copy of the petition paper sent to my residence wasn’t on my disposition right now but as soon as I have it, I will send it directly to your email address. As I told you in my first letter that I’m out in the country presently.
Except psycho incapacity, is there anything else to be considered? Supporting documents is necessary in this matter, am I right? What if, if I decided to get married to foreigner and take the ceremony here abroad? What are the consequences then?
Thank you.

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7 Re: Kindly advice on Wed Apr 20, 2011 2:23 pm

gud pm po...gusto k lang po malaman kung puwede ko po ba bawiin ang pera na ginastos ko sa pag file ng kaso for petition for correction..not much pero gusto ko lang po malaman kasi po para hindi na maulit sa ibang tao.ang atty. ko po ang nag withdraw hnd ko po alam kung anong reason nya pero usually ang gngawa nila tumatanggap ng kaso pagtapos ifile dinodoble nila ang bayad lalo na pag package deal.i hope maadvice nyo po ako para po hindi na maulit!lalo na yung pera sa posting...mababawi ko po ba yun?

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8 Re: Kindly advice on Wed Apr 20, 2011 11:46 pm

attyLLL


moderator
not living together is not immediately a ground for annulment, but does it mean you never had sexual relations? an annulment case requires a thorough review of your marital docs and history.

your marriage to a foreigner will be void under philippine law.


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9 Re: Kindly advice on Wed Apr 20, 2011 11:47 pm

attyLLL


moderator
anababes, wrong topic, but you should first demand refund through a demand letter and threaten that you will file a disbarrment case at the IBP.


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10 Re: Kindly advice on Sat Apr 30, 2011 12:06 pm

lifestream10


Arresto Menor
Good day!
I have decided to file a manifestation for not opposing the petition but I don’t know how since I am here abroad. If ever this manifestation of mine will be filed, what is the chance that the nullification of marriage will be granted? Is it necessary to have a legal counsel representing in my behalf? My family told me to contact the fiscal in the said court since I won’t oppose to the petition. But I have doubt to take this kind of action. Any recommendation regarding this matter so that I can take action in terms of legality. Thanks a lot!
God bless.

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11 Re: Kindly advice on Sat Apr 30, 2011 2:46 pm

attyLLL


moderator
you can execute an affidavit or the manifestation before the philippine embassy where you are and then send it to the court and your spouse. or send it to someone here who will file it in court and send to your husband. it is better to have a lawyer. the net effect is that the court will have acquired jurisdiction over you and the other spouse does not have to have the petition published.


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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.
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12 Re: Kindly advice Today at 12:43 pm

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