Tag Archives: annulment

Grounds for the Annulment of Marriage

Posted on May 16, 2012 by Atty. Fred| Leave a comment

It feels weird to be writing in more detail about annulment because, come to think of it, we should be writing more on how to save the marriage. Still, we cannot avoid discussing the matter because we deal with it on a daily basis at work and, besides, this is what the law provides. Spouses who are confronted with this reality should have a basic information on the grounds for annulment. Read more »

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Length of Time when Husband and Wife are Separated Does not Automatically Nullify Marriage

Posted on May 10, 2012 by Atty. Fred| Leave a comment

Experience makes you, well, really old. It also makes you realize a couple of things — like people asking a question that was asked and answered before. It’s human nature, I guess, and it would be ok if we have all the time in the world to sift through questions (again, sorry if I rarely reply to questions). We recently received this query: “Can a married man re-marry after 10 yrs. separation?” You helpful folks out there must have noticed that this question, and shades thereof, had been asked so many times before. This is tackled in our previous discussion: Read more »

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Annulment in the Philippines: Questions and Answers (Part 6)

Posted on April 18, 2012 by Atty. Fred| Leave a comment

We have time to address some questions relating to annulment in the Philippines. Let’s consolidate the questions that are newly raised for easy reference. We shall update this post to include new issues we encounter (again, please search through the other posts or the comments to check if a question related to yours was already addressed). As always, please remember that nothing should here should be taken as legal advice (for clients, please click here). Read more »

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Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition

Posted on July 25, 2011 by Atty. Fred| 28 Comments

We have four installments on this topic (refer to Part I, Part II, Part III, Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions. Read more »

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House Bill 1699: Proposing Divorce in the Philippines

Posted on August 12, 2010 by Atty. Fred| 1 Comment

(This is the Explanatory Note and full text of House Bill No. 1699, filed on 27 July 2010 by Representatives Luzviminda Ilagan and Emerenciana de Jesus, both of Gabriela Women’s Party. HB 1699 proposes a law introducing divorce in the Philippines. Discuss here, please click) Read more »

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Allowing Absolute Divorce in the Philippines

Posted on April 18, 2008 by Atty. Fred| 165 Comments

Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among others. Unfortunately, these grounds are not enough to severe the marital bond through annulment. In lieu of divorce, married persons resort to annulment and according to the Office of the Solicitor General (OSG), there is an alarming increase in the number of annulment cases in the Philippines. The number of annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose to 7,138 (2006) and 7,753 (2007). Read more »

Posted in Discuss-a-Bill, Family Law

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Annulment in the Philippines: Questions and Answers (Part 3)

Posted on January 29, 2008 by Atty. Fred| 68 Comments

My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”? Read more »

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Venue of Petitions for Annulment or Declaration of Nullity

Posted on November 29, 2007 by Atty. Fred| 6 Comments

Here’s something that should keep everyone busy over the long weekend. One of the recurring issues in this forum, perhaps primarily because of the apparent increase in interest of Overseas Filipino Workers (OFW) in annulment, is the proper venue of petitions for annulment or declaration of nullity. To address this issue, let’s consider the following provisions of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages — Read more »

Posted in Family Law, Legal Procedure

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Cost and expenses in seeking Annulment

Posted on November 17, 2007 by Atty. Fred| 22 Comments

There are a lot of questions posted here and at the Forum as to how much will it cost for an annulment. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity. Read more »

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Psychological Incapacity and Annulment

Posted on October 19, 2006 by Atty. Fred| 31 Comments

Among the grounds for annulment of marriage (annulment is different from divorce), psychological incapacity is the most commonly used. It is also one of the more controversial provisions of the Family Code (Article 36). Read more »

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