Annulment 101

[Zorro]

Please welcome our member ANNULMENT to give us an online guide....

[ANNULMENT]

will answer queries all about annulment

[pogingpogi2x]

will answer queries all about annulment

 

So what is the proper procedure? grounds? things to consider before annulment? legal basis? ano pa ba?

[thegame08]

So what is the proper procedure? grounds? things to consider before annulment? legal basis? ano pa ba?

 

If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.

[federicuger]

panu kung may bagong kinakasama at may anak yung asawa nya? panu ma anull yun?

[thegame08]

I-alleged ninyo iyon doon sa petition.

[thegame08]

If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.

 

 

Correction, it should have read like this "x x x x kaya naging final na ang decision ng Court of Appeals x x x x" mea culpa..

[paolonaz]

ask ko lang po. kung meron kayong marriage contract pero d kayo nag apply ng marriage license. pwede po ba pa null and void yung marriage?

[swami]

ask ko lang po. kung meron kayong marriage contract pero d kayo nag apply ng marriage license. pwede po ba pa null and void yung marriage?

 

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.

[lomex32]

This is only one ground for it...

 

Other 2

2. Homosexuality

3. Contracting an incurable disease such as AIDS etc ....

 

 

If it's based on psychological incapacity or under Art. 36 of the Family Code kailangan i-alleged iyung specific psychological incapacity (which is based on the psychological report/ findings of a psychiatrist) ng respondent, pag hindi maaring ma-grant nga iyung annulment sa lower court (RTC family court) pero maaring i-opposed ng Office of the Solicitor General (OSG for brevity). Me sinalo kaming kaso wherein iyung petition was granted by the RTC pero nag-oppose ang OSG hence it was elevated to the Court of Appeals, na-reverse ang decision ng RTC at hindi nakapag-file ng motion for reconsideration iyong dating counsel ng petitioner within the reglementary period kaya naging final na ang decision ng RTC hence nakatali pa din iyung babae sa respondent na meron nang asawa sa Hawaii.

[jaimecorleone]

mga sirs, how bout ung inaalok sa brother ko na huhugutin daw sa NSO ung orig na marriage cert nla at idedelete sa computer records? so pag ngkahanapan wala na? how will this affect his chance to marry again?

:goatee:

 

if the marriage was nullified, would that make the children bastards? since it is assumed that there was no marriage...

:goatee:

 

thanks!

[swami]

mga sirs, how bout ung inaalok sa brother ko na huhugutin daw sa NSO ung orig na marriage cert nla at idedelete sa computer records? so pag ngkahanapan wala na? how will this affect his chance to marry again?

:goatee:

 

if the marriage was nullified, would that make the children bastards? since it is assumed that there was no marriage...

:goatee:

 

thanks!

 

I heard this modus operandi, but it turned out, scam pala. So ingat lang. Wala pa ko nasalubong na legitimate na ganito.

 

I truly doubt the offer of "hugut" in the NSO. If that were truly available, then petitions for annulment of marriage will no longer thrive. The fact remains: libo-libo ang annulment sa court nowadays.

[SoundWave]

sir, yung kaso na sinabi ni federicuger, malaki ba ang chance na ma-annul ang kasal? kahit may anak din sya sa dating asawa nya?

[countrystyle]

I heard this modus operandi, but it turned out, scam pala. So ingat lang. Wala pa ko nasalubong na legitimate na ganito.

 

I truly doubt the offer of "hugut" in the NSO. If that were truly available, then petitions for annulment of marriage will no longer thrive. The fact remains: libo-libo ang annulment sa court nowadays.

 

i think this is possible. a few corrupt NSO employees is all it takes to make this happen. but even if this is true and i need to get annuled i won't do it because it is illegal and there could be serious consequences. annulment na lang.

[swami]

sir, yung kaso na sinabi ni federicuger, malaki ba ang chance na ma-annul ang kasal? kahit may anak din sya sa dating asawa nya?

 

Dude, the fact that both parties are already cohabitating with other peoplke does not make their petition for annulment stronger or weaker. The usual ground is psychological incapacity at the time of the celebration of the marriage.