Tag Archives: legal separation

Gender Reassignment Voids a Marriage?

Someone sent me an email, asking if a marriage is rendered void when the spouse undergoes gender reassignment surgery, also called sex-change operation. The question reads: “If a man and a woman marry in the Philippines and the man later undergoes gender reassignment, is the marriage automatically void? I have been unable to find specific information and would very much appreciate your help.” Continue reading

“Relaxed” Rules on Psychological Incapacity to Annul Marriages

A recent newspaper article got my attention. “SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. I traced the case, Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015), and proceeded to check if the Supreme Court really “relaxed” the rules in that case. Continue reading

New Family of Spouse Not a Ground for Annulment

There’s a common issue relating to annulment and whether it’s enough ground when the other spouse has started a new family. It usually runs like this: I am married and we have separated years ago (some say they have no kids, some say with kids) and my spouse has started his/her own family (some say there are kids in the “other” family, some say no kids yet). Is the fact that the spouse has a new family sufficient to support a petition for annulment? Continue reading

Full-Time Housewife and Marital Separation

I and married for almost 7 years and with that I have 2 kids with my husband. I am currently in a family crisis where my husband and I haven’t had good relationship (we’re not always talking but living in the same house). Today, we decided to live separately. I have no work as of the moment since my kids have been sickly and been going in and out of the hospital that made us decide that I stop working and be a full time mother and housewife. Now that my husband will be leaving our house, leaving the kids with me, I want to know what are my rights as a legal wife and him being the father of our kids?

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Annulment Philippines 2014

There’s a spike in google searches concerning “annulment philippines 2014.” Sure, we have a lot of discussion on annulment, declaration of nullity and legal separation — all intended to be helpful discussions. It has become harder to follow each discussion thread and so I am constrained to pour limited time with the more “interesting” topics and queries. Continue reading

Can I Remarry Without Filing for Annulment?

Can I marry again without filing the necessary petition for annulment or declaration of nullity of my existing marriage? This summarizes the countless number of questions, asked in a number of variations, we’ve encountered in this blog. The latest reincarnation of this query reads in full: Continue reading

Abandonment, Subsequent Relationship and Legal Separation

“I am separated from my wife for 5 years now. It’s a separation in fact and not really a legal separation. Can I file a petition for legal separation and if the petition is granted, can I live with another woman without marriage?” This question was already answered in a previous Q&A and the usual recourse is to point to that post. Nevertheless, it might be helpful to centralize and expand the discussion. Continue reading

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

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: Continue reading

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

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). Continue reading