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Divorce vs. Annulment

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1 Divorce vs. Annulment on Tue May 31, 2011 11:58 am

cher109


Arresto Menor
yesterday Maltese voted yes to divorce. i would just like to ask what are the differences between divorce and annulment?

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2 Re: Divorce vs. Annulment on Tue May 31, 2011 7:34 pm

rollie002


Arresto Mayor
almost same effect, the grounds on divorce is easier to meet than grounds on annulment. In our country, there is no divorce because the state recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. That is why it is hard to annul a marriage here than to secure a divorce abroad

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3 Re: Divorce vs. Annulment on Tue May 31, 2011 11:34 pm

forever_ink8


Arresto Menor
May napipintong debate regarding sa Devorce dito sa pinas, medyo good news ito for me. Kasi sa annulment napaka mahal at napaka tagal ng process. Tsaka kapag na approve na ito tyak mas madami ang gustong magpa divorce. Dapat at napapanahon na ito sa Pinas. Pinapahirapan pa kasi ng annulment ang process, samantalang sa divorce eh mas madali at kumbaga sa babae eh hindi maarte. Kaya mas pabor ako sa Divorce... Go go go...

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4 Re: Divorce vs. Annulment on Wed Jun 01, 2011 7:06 pm

rollie002


Arresto Mayor
but i think the church is against it. So it will be a long debate like rh bill

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5 Re: Divorce vs. Annulment on Sat Jun 04, 2011 3:45 pm

justislaw


Arresto Menor
The substantial distinction between annulment and divorce are its grounds. Grounds for annulment occurs at the time of the celebration of marriage while grounds for divorce occurs after the celebration of marriage. For instance,concealment of homosexuality of either spouse on the time of marriage is a ground for annulment. Divorce would be unlawful because of the phrase in the Family code of the Philippines" Marriage is a special contract of permanent union between a man and a woman stipulation," note, it says "PERMANENT". Twisted Evil Very Happy



Last edited by justislaw on Sun Jun 12, 2011 7:59 pm; edited 1 time in total (Reason for editing : ^_^)

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6 Re: Divorce vs. Annulment on Sat Jun 04, 2011 7:22 pm

rollie002


Arresto Mayor
i believe it says permanent because this contract cannot be terminated by the will of the party.

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7 Re: Divorce vs. Annulment on Sat Jun 04, 2011 10:29 pm

xmonsterx


uploader / future lawyer
forever_ink8 wrote:May napipintong debate regarding sa Devorce dito sa pinas, medyo good news ito for me. Kasi sa annulment napaka mahal at napaka tagal ng process. Tsaka kapag na approve na ito tyak mas madami ang gustong magpa divorce. Dapat at napapanahon na ito sa Pinas. Pinapahirapan pa kasi ng annulment ang process, samantalang sa divorce eh mas madali at kumbaga sa babae eh hindi maarte. Kaya mas pabor ako sa Divorce... Go go go...
Is it true though that divorce is cheaper than annulment? Di ba divorce requires the spouse to pay alimony on top of child support. In some cases may permanent alimony pa. There are lots of people in the US who became homeless because of alimony. Nakita ko na-feature din dati sa Jessica Soho (or another show sa GMA-7) na isang Pinoy na naging taong grasa na sa States dahil naubos ang pera dahil sa divorce and alimony payments niya. :p


Malaki ang filing fee ng annulment kung mayaman ka at marami kang properties kung wala naman hindi naman kalakihan. Tapos spousal and child support is finite, pag malaki na anak mo or employed na si wifey hindi na kelangan magbigay ng support.

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justislaw


Arresto Menor
[justify]Divorce is likewise unconstitutional. Article XV section 2 of our constitution says" Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State." I believe legalizing divorce would run contrary to this provision, grounds for divorce are easily attainable and would give the impression to the people that they can enter marriage and quit marriage just in a single snap, it would kill then the sanctity of marriage. Moreover, the state has the responsibility to protect the marriage; not to sabotage it by adopting divorce.

As far as I know, the filing fees and other legal fees are just the same with annulment, what makes annulment expensive is, if the ground you had invoked is "psychological incapacitated" in which you need to pay a psychologist and other medical fees.

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9 Re: Divorce vs. Annulment on Thu Jun 09, 2011 10:30 pm

forever_ink8


Arresto Menor
justislaw wrote:[justify]Divorce is likewise unconstitutional. Article XV section 2 of our constitution says" Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State." I believe legalizing divorce would run contrary to this provision, grounds for divorce are easily attainable and would give the impression to the people that they can enter marriage and quit marriage just in a single snap, it would kill then the sanctity of marriage. Moreover, the state has the responsibility to protect the marriage; not to sabotage it by adopting divorce.

As far as I know, the filing fees and other legal fees are just the same with annulment, what makes annulment expensive is, if the ground you had invoked is "psychological incapacitated" in which you need to pay a psychologist and other medical fees.

Para sa akin maganda pa rin ang Divorce, kasi I believe meron na tayo nito nung late 1950's. Kasi natural lang sa mag asawa na on their first 2 years let's say na sweet sila at hindi pa nila pinapakita ang tunay na ugali nila sa isa't isa. Pero pag tumagal na eh anjan na si babae na talakera pala, inaander ang lalaki, minsan pa nga si babae pa ang nambubugbog eh, mean to say lumalabas ang tunay na ugali ng magasawa after the marriage, and divorce is pagkatapos ng marriage. And the annulment is during the marriage, kaya tamang tama lang ito... Wala akong masyadong nakikitang mali dito, sa statistics nga halos dumoble na ang gustong magpa annul ng marriage nila nasa 8,000++ na ang updated for 2011 ang gstong magpa annul ng marriage, so it means may maling nangyayari sa marriage life nila at maaaring gsto na nilang hiwalayan ang isa't isa sa legal na pamamaraan lang...

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10 Re: Divorce vs. Annulment on Thu Jun 09, 2011 10:45 pm

rollie002


Arresto Mayor
i am also in favor of divorce, look those who are legally separated, instead they the chance to get married again, they are prohibited. If the law accepts the fact that legally separated couples cannot be together again, then the law should give opportunities to these people who want to build family again. Then we can say at least that divorce is somehow constitutional. Well it really depends on the grounds of divorce if it will give more opportunities to couple to strenghten family

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11 Re: Divorce vs. Annulment on Fri Jun 10, 2011 3:09 am

justislaw


Arresto Menor
I understand the stand of the church because the bible says “therefore God has joined together, let not man separate”, even the constitution recognizes a supreme being, see preamble. Nevertheless, I will not interpose religious grounds in assailing divorce.

To start with, marriage is not a game that you can just enter and quit from it. Our constitution clearly values the sanctity of marriage and is very clear to strengthen it. Divorce cannot be constitutionally defensible because it does not strengthen the marriage at all; in fact, all it does is weaken and destroys it. Even our civil code as I have mentioned above supplements the mandate of the constitution; “marriage is permanent union between a man and a woman. “Ergo, marriage is everlasting.
The argument that “ang ugali ay lumalabas after marriage” is without merit. That is why you have these so called dates to know each other very well although it would be impossible to really fully know each other. But the point is, before you engage in marriage, you have the entire time to know and scrutinize the background of that person and thereafter decide if you’ll marry him/her. Yung lumalabas ang ugali after marriage makes no different sa mag shota. Pag tumatagal na sila ay lumabalas din yung ibang ugali nila. Kaya pag hindi mo gusto young ugali ng aswa mo o pag sinasaktan kana or hindi na kayo mag ka intindihan pwede kayo kumuha ng legal separation. But remarrying is another issue which is primarily the purpose of divorce; to terminate the marriage and gives the capacity to remarry and in effect, would diminish the value of a family kasi pag divorce na kayo, wala na kayong marital obligations sa isat isa.

The law recognizes that there are disputes in a marriage that is why there is legal separation; however, the law also recognizes the possibility that the dispute can be settled.

Divorce is not beneficial, getting out of marriage is expensive especially through divorce because alimony is required. It will cause psychological imbalance to the child and emotional breakdown. I cannot site the source, but I’m sure I came across of a study that would support my claim pertaining to the mental condition of the child after divorce. Mas rarami ang kaso ng defective marriage kasi nga it will give the impression to the people that you can enter and quit marriage very easily. Kaya ung hindi seryoso at hindi handa ay walang takot na magpapakasal.


Evil or Very Mad

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12 Re: Divorce vs. Annulment on Fri Jun 10, 2011 6:53 pm

attyLLL


moderator
http://www.gabrielawomensparty.net/legislation/hb-1799-amending-family-code-legal-separation-and-divorce

http://www.scribd.com/doc/35768034/GABRIELA-PARTY-LIST-S-HB-1799-Divorce-Bill

this is not no-fault divorce and it requires a full blown trial.

A PETITION FOR DIVORCE MAY BE FILED ON ANY OF THE FOLLOWING GROUNDS: (1) THE PETITIONER HAS BEEN SEPARATED DE FACTO FROM HIS OR HER SPOUSE FOR AT LEAST FIVE YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;

(2) THE PETITIONER HAS BEEN LEGALLY SEPARATED FROM HIS OR HER SPOUSE FOR AT LEAST TWO YEARS AT THE TIME OF THE FILING OF THE PETITION AND RECONCILIATION IS HIGHLY IMPROBABLE;

(3) WHEN ANY OF THE GROUNDS FOR LEGAL SEPARATION UNDER PARAGRAPH (A) OF THIS ARTICLE HAS CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE;

(4) WHEN ONE OR BOTH SPOUSES ARE PSYCHOLOGICALLY INCAPACITATED TO COMPLY WITH THE ESSENTIAL MARITAL OBLIGATIONS;

(5) WHEN THE SPOUSES SUFFER FROM IRRECONCILABLE DIFFERENCES THAT HAVE CAUSED THE IRREPARABLE BREAKDOWN OF THE MARRIAGE."

They should delete no. 5, far too vague.


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13 Re: Divorce vs. Annulment on Sat Jun 11, 2011 9:43 am

forever_ink8


Arresto Menor
rollie002 wrote:i am also in favor of divorce, look those who are legally separated, instead they the chance to get married again, they are prohibited. If the law accepts the fact that legally separated couples cannot be together again, then the law should give opportunities to these people who want to build family again. Then we can say at least that divorce is somehow constitutional. Well it really depends on the grounds of divorce if it will give more opportunities to couple to strenghten family

Now I understand some differences of the three Law(s) here... Legal Separation / Annulment / Divorce (if ever)...

Legal Separation, separate ang mag asawa pati properties pero di pede magpakasal...

Annulment is during the marriage lang...

Divorce is after the marriage (pagkatapos ng kasal)...

Para matapos ang lahat kung gsto talaga nila tapusin eh di Divorce na lang para sure at may proof na maihaharap sa court kasi nangyari after the marriage, kasi sa annulment laging reason eh psychological incapacity miski hindi naman, parang nagsisinungaling lang, at least sa Divorce totoo lahat at walang sinungalingan... Ang hirap kasi ayaw na ng isang partido eh pilit pang pinagsasama ng batas, parang magnet yan eh, hindi mo pedeng pagsamahin ang both polarity talagang maghihiwalay ito, bakit pa pipilitin ang ayaw kung ayaw na nga, away pa ang mangyayari kapag pinilit at lalo na kung yung lalaki halimbawa sa sobrang inis eh binugbog ang asawang babae eh mahaharap pa sya sa kasong Violence against women.. patay tayo jan. That's my only opinion on this discussion... God bless.

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14 Re: Divorce vs. Annulment on Sun Jun 12, 2011 3:05 pm

iamjustice


Arresto Menor
i say, divorce must not be legalized in the Philippines!

you guys are so concerned with the feelings of the two individuals engaged in marriage. you must note that a family does not only composed of a husband and wife, most importantly, it is also consists of children!

the traumatic psychological effect of divorce in children must not be disregard. according to st. Thomas Aquinas, law must benefit all individuals. divorce is not in conformity to this perspective since divorce does not benefit the children. it does nothing but psychological and emotional damage!


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15 Re: Divorce vs. Annulment on Sun Jun 12, 2011 10:38 pm

forever_ink8


Arresto Menor
Mas mahirap naman yata sa mga kids kung lagi nilang nakikitang nagbabangayan at nagsusuntukan sa harapan nila ang mga magulang nila. Yun ang mas nakakawindang, at least pag naghiwalay na mas magiging panatag na sila, syempre sa una mahirap dahil mahal nila ang mama or papa nila, pero as time goes by eh magiging normal din ang lahat. So divorce is for all. Eh kung ako ang anak at palagi kong nakikitang nagaaway ang nanay at tatay ko, isa lang ang masasabi ko sa sarili ko, "Bakit di pa sila maghiwalay?" Mas nakaka trauma yata ang nakikita kong sinusuntok ni tatay si nanay araw araw dahil lang ayaw pumayag ni nanay na makipag hiwalay, mamaya nyan eh mapatay pa ni tatay si nanay sa bugbog or nasaksak ni tatay si nanay, imbes na may nanay pa ako kung maayos silang naghiwalay eh ang mangyayari nito eh tatay na lang ang mayroon ako, yun ang very traumatic... Maghiwalay na lang ng maayos thru Divorce para kahit paano eh may visitation rights pa sila sa amin...

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16 Re: Divorce vs. Annulment on Thu Feb 21, 2013 5:16 pm

c8thyl0p3z


Arresto Menor
Sana ipasa na yan. Ang hirap dalhin sa kalooban na pag-aari ka parin ng iba kahit hindi na kayo nagsasama at nagmamahalan.

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17 Re: Divorce vs. Annulment Today at 8:48 pm

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