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Annulment 101


Zorro

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what is PRESUMPTIVE DEATH? I know someone who is separated from his wife for 10 years and file for annulment, where in fact he fully knows his wife's whereabouts, so he could remarry. If ever he would be granted for annulment , what are the consequences he would be facing in case his original wife contests the said remarriage? thanks!

Edited by powerpuffgirls
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what is PRESUMPTIVE DEATH? I know someone who is separated from his wife for 10 years and file for annulment, where in fact he fully knows his wife's whereabouts, so he could remarry. If ever he would be granted for annulment , what are the consequences he would be facing in case his original wife contests the said remarriage? thanks!

 

Good question.

 

If a person has disappeared for so many years, and his whereabouts are unknown, and there are circumstances indicating that he may have already died, then the spouse present may file a petition in court, seeking to declare the absent spouse to be presumptively dead. For purposes of remarriage, the absent spouse must have been absent for at least 4 consecutive years (2 years if there are strong indications of death, e.g., he was on board on MV Princess of the Star when it sank, he was in the World Trade Center during 9-11 attack, etc. )

 

After the court shall have issued a declaration that the absent spouse is presumptively dead, then the present spouse present may now remarry. However, should the absent spouse reappear, the subsequent marriage will automatically be dissolved. All the absent spouse has to do is to register his reappearance with the local civil registrar. (The only "automatic annulment" allowed under the law).

 

I strongly advise against this procedure, even if the parties are colluding. (magkutsabahan na kunwari nawawala na yung isa, at wala ng communication). For one, it's not permanent, as the "presumptively dead" spouse could always threaten the other spouse with automatic annulment by just resurfacing and register his reappearance with the civil registrar. Also, there are strict judges who actually subpoena the SSS, GSIS, BIR, PhilHealth, etc., on any information pertaining to the absent spouse, if only to determine if he is still alive. If he is paying taxes, SSS premiums, etc., then the court will automatically deny the petition, as the absent spouse is still alive.

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Good question.

 

If a person has disappeared for so many years, and his whereabouts are unknown, and there are circumstances indicating that he may have already died, then the spouse present may file a petition in court, seeking to declare the absent spouse to be presumptively dead. For purposes of remarriage, the absent spouse must have been absent for at least 4 consecutive years (2 years if there are strong indications of death, e.g., he was on board on MV Princess of the Star when it sank, he was in the World Trade Center during 9-11 attack, etc. )

 

After the court shall have issued a declaration that the absent spouse is presumptively dead, then the present spouse present may now remarry. However, should the absent spouse reappear, the subsequent marriage will automatically be dissolved. All the absent spouse has to do is to register his reappearance with the local civil registrar. (The only "automatic annulment" allowed under the law).

 

I strongly advise against this procedure, even if the parties are colluding. (magkutsabahan na kunwari nawawala na yung isa, at wala ng communication). For one, it's not permanent, as the "presumptively dead" spouse could always threaten the other spouse with automatic annulment by just resurfacing and register his reappearance with the civil registrar. Also, there are strict judges who actually subpoena the SSS, GSIS, BIR, PhilHealth, etc., on any information pertaining to the absent spouse, if only to determine if he is still alive. If he is paying taxes, SSS premiums, etc., then the court will automatically deny the petition, as the absent spouse is still alive.

 

 

thanks atty swami! How about if yung abogado ng lalaki ang kakutsaba nya, eto kc ang fastest way para makapag asawa agad yung lalaki sa halagang 50k daw....sinusubaybayan ko nga etong kaso na to hhehehhee...... alien resident pa yung guy ( anyway ibang story na yun).... ok, let us assume, na grant yung 2nd marriage nung guy, then na discover ng first wife yung remarriage, then nanalo sa kaso yung first wife to dissolve the 2nd marriage. What will happen sa 2nd wife where in fact, she married the HINAYUPAK NA LALAKING yun in good faith, if ever, pano pala yung magiging anak nila legitimate or illegitimate na matatawag sa dissolved marriage, and if in case namatay yung GUY, pano ang hatian ng mga properties na naiwanan ng guy, sa mga naiwang spouses nya? thanks!

Edited by powerpuffgirls
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thanks atty swami! How about if yung abogado ng lalaki ang kakutsaba nya, eto kc ang fastest way para makapag asawa agad yung lalaki sa halagang 50k daw....sinusubaybayan ko nga etong kaso na to hhehehhee...... alien resident pa yung guy ( anyway ibang story na yun).... ok, let us assume, na grant yung 2nd marriage nung guy, then na discover ng first wife yung remarriage, then nanalo sa kaso yung first wife to dissolve the 2nd marriage. What will happen sa 2nd wife where in fact, she married the HINAYUPAK NA LALAKING yun in good faith, if ever, pano pala yung magiging anak nila legitimate or illegitimate na matatawag sa dissolved marriage, and if in case namatay yung GUY, pano ang hatian ng mga properties na naiwanan ng guy, sa mga naiwang spouses nya? thanks!

 

The guy is a resident alien? Dude, the status of a person is determined by his nationality. So, if you're a Filipino, then the law on family relations (Family Code) of the Philippines applies to you. If you are a US citizen, the law on family relations of the US applies to you.

 

Why does the guy even have to secure an annulment? doesn't his country allow divorce?

 

Anyway, I'll just assume that his country does not permit divorce, and defers to Philippine law on the validity of his marriage here (i assume it's here, right?).

 

1. The 1st wife does not even have to file a case to dissolve the marriage. She only has to register her reappearance to the local civil registrar to dissolve the 2nd marriage.

 

2. The children conceived during the 2nd marriage shall be considered legitimate, unless the other wife was also in bad faith.

 

3. the absolute community or conjugal partnership of gains shall be dissolved, with the guilty spouse forfeiting his ahre in favor of the children conceived during the 2nd marriage.

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Yes, the marriage is void if no prior marriage license was secured.

 

A marriage contract is technically a tripartite (3-party) contract among the husband, the wife and the State sanctioning it. Without the "consent" of the State first being secured through the obtention of a marriage license, the marriage is void.

 

 

How would we know if we have a mariage license? Can't remember having one or can't remember if we signed for a license...

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How about my question sir? hehehe

 

Is the Marriage Cert same as the Marriage license?

 

No. Marriage certificate is different from marriage license. Marriage license is the "license" you obtain from the government permitting you to marry.

 

How would you know if there was a marriage license? Well, i'm not sure if the civil registrar prudently safekeeps all these marriage licenses. But in case there's no marriage license to be found, it will be presumed that there is, pursuant to the presumption of regularity in the performance of public service, i.e., public officials are presumed to have performed their duties regularly, hence, the civil registrar is presumed to have issued a prior marriage license.

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Thanks for the answer...

 

In case there is such a "license"... Should we have a copy of it? Who should I contact to know if we were issued a license?

 

Should you have a copy of it? No. You don't need to have a copy of it. It serves no purpose but to authorize the solemnizing officer to officiate the marriage. Once the marriage has been celebrated, the marriage license has no purpose anymore.

 

As I said, I'm not sure if the civil registrar is supposed to retain a copy of it. I'm still single, and therefore, not really familiar with the marriage license procurement procedure.

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  • 2 weeks later...
Does one still have to get annulment for a 2nd marriage even if it was already null and void at the start because of an existing marriage prior to it? If the 1st marriage gets annulled, does it mean the 2nd marriage gets legit automatically?

 

1. Yes, you still have to secure a judicial declaration of nullity for the second marriage even though it's null and void from the beginning. The rationale is that people should not be permitted to suppose/assume that their marriage is void, in view of the intricacies of the law.

 

2. The 2nd marriage does not become legal at all, should the first marriage be annulled. It continues to be null and void, having been contracted with a prior marriage still subsisting.

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1. Yes, you still have to secure a judicial declaration of nullity for the second marriage even though it's null and void from the beginning. The rationale is that people should not be permitted to suppose/assume that their marriage is void, in view of the intricacies of the law.

 

2. The 2nd marriage does not become legal at all, should the first marriage be annulled. It continues to be null and void, having been contracted with a prior marriage still subsisting.

 

thanks for answering my queries... ;)

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hi sir,

 

whats the probability of an annulment being denied?

 

thanks....

 

Since the enactment of the Family Code, which introduced the concept of annulment in our shores, in 1987, there were only about 3 cases decided by the Supreme Court, annuling the marriage on the ground of psychological incapcity (the most common ground). In fact, late until 2007, there was only 1 decision, the other 2 cases having been decided only in the last 2 years.

 

So, if the case were to reach the Supreme Court, chances are, the petition for annulment will be denied.

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Hi!

 

can these 2 matters be grounds for psychological incapacity?

 

1. I wasn't in-love in the first place to my wife when we got married.

2. I was having an affair with someone else throughout our engagement period until the day we got married?

 

Thanks in advance!

 

1. No.

 

2. That may indicate psychological incapacity on your part. So, yes, that may be a ground for annulment of your marriage.

 

OT: dude, why did you marry her if you don't love her?

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If you ended the affair when you got married, I doubt that it would qualify as psychological incapacity. Had it continued even after your marriage, it could have been.

 

Hi!

 

can these 2 matters be grounds for psychological incapacity?

 

1. I wasn't in-love in the first place to my wife when we got married.

2. I was having an affair with someone else throughout our engagement period until the day we got married?

 

Thanks in advance!

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Hi!

 

can these 2 matters be grounds for psychological incapacity?

 

1. I wasn't in-love in the first place to my wife when we got married.

2. I was having an affair with someone else throughout our engagement period until the day we got married?

 

Thanks in advance!

 

Mickeyren, the critical factors in an annulment case are (1) the psychological evaluation and (2) the participation of the other spouse. Your psychologist will determine if the grounds you mentioned are indicative of incapacity. In almost all cases, though, the psychologist will find a disorder in everybody. Also, as a safe measure, I usually require the evaluation of the other spouse, who may also be suffering from psychological incapacity.

 

The participation or non-participation of the other spouse in the annulment proceedings will determine if the annulment case will find its way to the Supreme Court. If the other spouse will not participate and there is no evidence of collusion, there is a big possibility that no appeal will be made. Do remember, however, that the State is a party to the case, such that even without the participation of the spouse, the petition may be denied or appealed.

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1. No.

 

2. That may indicate psychological incapacity on your part. So, yes, that may be a ground for annulment of your marriage.

 

OT: dude, why did you marry her if you don't love her?

 

Complicated relationship - we have been in a relationship far too long (more than 10 years), everyone knows about us. Its just hard not to get married to her.

 

Unfortunately right now I'm in-love with someone else, thus making me hesitant to get married, but i feel like getting married to her is inevitable. For pete's sake we're engage - though my affair has already begun before we got engaged.

 

I don't know, things might change when I'm already married to her, who knows, or maybe not. I know I need to choose, but unfortunately I have to admit that's something I'm coward of.

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Hi!

 

My Husband is an alcoholic and treats me bad. He teaches my kids to disrespect me whenever we have a fight and calls me names and insults me. And whenever he is drunk, he has a tendency to do things he claims he wasnt aware off when he is sober. He also threathens to hurt my family and siblings?

 

can that be considered as a ground for me to file for an annulment?

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oo. di naman tamang gawain yan ng isang me-asawa. mangangailangan ka lang ng psychiatrist/psychologist para ipakita na ito ay mga palatandaan ng "psychological incapacity" na nandidiyan na ng kayo ay kinasal. (sa tutoo lang, kapag magaling? ang psychiatrist, maipapalabas nya na "psychologically incapacitated" ang isang tao kahit wala naman itong diperensya, siyempre, binabayaran siya para sabihing ganun eh).

 

sa kaso mo, mas madali ito dahil lumalabas na talagang me problema yang magaling mong asawa.

 

lumapit ka na sa abogado para mabigyan ka ng mas detalyadong assessment at tulong sa problema mo.

 

 

 

Hi!

 

My Husband is an alcoholic and treats me bad. He teaches my kids to disrespect me whenever we have a fight and calls me names and insults me. And whenever he is drunk, he has a tendency to do things he claims he wasnt aware off when he is sober. He also threathens to hurt my family and siblings?

 

can that be considered as a ground for me to file for an annulment?

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