Annulment 101

[lonejackal]

goodmorning want to know if there is anyone here who can give me advise on annulment

 

my wife confessed that she was not happy with the outcome of the marriage ever since the wedding day and i tried to save our marriage, i admit having my faults but things got worst until i heard from her while she was talking to her sister on the phone that she seemed really unhappy and if her brother did not interfered with one of his friends on trying to court her or her sister one of them could have ended up married to someone who is now working abroad and can give her what she wants right away

 

any tips thanks

[bonito99]

psychological incapacity.

 

get a psychiatrist.

 

you can start from there.

[nlj]

Hi to all !!!

 

I'd like to post my case here so i may be enlightened as to what legal moves to take in order to secure my annulment.

 

My wife and I have been married for 14 years. She was 22 at the time we married, I was 30. She suffered a breakdown because of depression when she was 18 but this didnt stop us from pursuing our marriage. 5 years ago she suffered again the same depression albeit only worse this time. I took her to a psychiatrist and had her put on meds. But for one reason or another she stopped taking them. She had been exhibiting signs of depression since then but i could never get her back to see a psychiatrist because she believed that nothing was wrong with her. She had on/off jobs for the last 5 years and was only able to get a permanent job last may. My wife and I have been living apart since April because i could not stand the fact that she blamed me for my mothers death. We have a 14 yo daughter who is living with me.

 

My question is this. Given the abovestated facts, what now are my options in securing a nullfication and annulment of our marriage? Thank you very much and stay safe to all !!!

[bonito99]

have a medical psychiatrist evaluate your case.

 

legal steps would be next.

[nlj]

have a medical psychiatrist evaluate your case.

 

legal steps would be next.

I already have the medical abstracts sir.

[mutomuto]

show them to a lawyer, and have him or her evaluate the strength of the case. It may be necessary for the lawyer to discuss your wife's condition with her psychiatrist. Then lawyer prepares petition, as well as your affidavit and the affidavit of the psychiatrist. The medical abstracts won't be sufficient on their own, and the psychiatrist probably needs to testify.

Edited August 13, 2015 by mutomuto

[bonito99]

psychiatrist will and should testify.

 

psychiatrist will also recommend for the annulment.

[lonejackal]

any psychiatrist you can recommend? i have a few names in my own list and it would help if i can get a name or two just to be sure if the ones i have are not credible enough to help us

[equipped]

I need assistance on how to file void ab initio. May na file na marriage contract pero wala pong marriage license at ang wedding date is sept 30. I left philippines august 6. Baka po may makakatulong sa akin mag papakasal na po aq ex ko po ang nagfile ng marriage contract dati. Mali din po ang name niya sa marriage contract. Paano po ang procedure. Thank u

[rocco69]

I need assistance on how to file void ab initio. May na file na marriage contract pero wala pong marriage license at ang wedding date is sept 30. I left philippines august 6. Baka po may makakatulong sa akin mag papakasal na po aq ex ko po ang nagfile ng marriage contract dati. Mali din po ang name niya sa marriage contract. Paano po ang procedure. Thank u

Step 1. Consult with a lawyer. Bring copies of your marriage papers.

[Brent1]

Step 1. Consult with a lawyer. Bring copies of your marriage papers.

Step 2. Start obtaining originals/certified true copies of your marriage papers. Also, try to get certifications from the city hall that you were never issued a marriage license. If you already have those, you might save on some of your lawyer's billable hours.

[curian]

I need assistance on how to file void ab initio. May na file na marriage contract pero wala pong marriage license at ang wedding date is sept 30. I left philippines august 6. Baka po may makakatulong sa akin mag papakasal na po aq ex ko po ang nagfile ng marriage contract dati. Mali din po ang name niya sa marriage contract. Paano po ang procedure. Thank u

Question, nagsama ba kayo ng ex nyo? like live in before the marriage. Have you executed any affidavit of any kind before the marriage? thanks. Are both of you muslims or members of an ethnic community? (just making sure)

[REBELCHIC]

Good day Lawyers on board...

 

I am unhappy with my marriage and i want an annulment. The problem is my husband won't concede. He said he can take anything, even if i am having an affair. I keep begging that he should spare me. I even knelt down and crying my heart out. But to no avail, he said no annulment happening. I am having too much headache on this. Can i still win if i file for annulment eventhough he is not willing to and he said he is willing to prove to court that he wants to save the marriage at all cost.

 

Another question, i want to acquire properties but i am afraid it will be divided when annulment materializes. Can we make a written agreement that he has nothing to do with the property. What do i need? Since he said he is willing to sign that agreement..

 

Thank you in advance...

[rocco69]

Good day Lawyers on board...

 

I am unhappy with my marriage and i want an annulment. The problem is my husband won't concede. He said he can take anything, even if i am having an affair. I keep begging that he should spare me. I even knelt down and crying my heart out. But to no avail, he said no annulment happening. I am having too much headache on this. Can i still win if i file for annulment eventhough he is not willing to and he said he is willing to prove to court that he wants to save the marriage at all cost.

 

Another question, i want to acquire properties but i am afraid it will be divided when annulment materializes. Can we make a written agreement that he has nothing to do with the property. What do i need? Since he said he is willing to sign that agreement..

 

Thank you in advance...

1. Can i still win if i file for annulment even though he is not willing to and he said he is willing to prove to court that he wants to save the marriage at all cost.

 

If your spouse opposes the petition, it makes it more difficult to prevail, but it does not necessarily mean that the petition will be denied. Sa madaling salita, you can still file, mas mahirap nga lang ipanalo.

 

2. Can we make a written agreement that he has nothing to do with the property. What do i need?

 

Unfortunately, no waiver of rights, interests, shares and effects in the community/conjugal property can be made during the marriage (see Arts. 89/107, Family Code). Whatever agreement you enter into regarding your properties will be void, unless you enter into such an agreement upon getting a judicial separation of property or after your marriage is annulled/declared void.

[REBELCHIC]

Thanks rocco... I feel doomed. Might as well easier to hire a shooter.

[bonito99]

Rebelchic: it does not matter if he wants it or not.

 

you can proceed with that annulment.

property arrangement can be settled in court during annulment proceedings

[REBELCHIC]

Thanks bonito.. Its been a long time. Haha.. I feel confused kasi baka diko maipanalo. Magsasayang lang ako pera. My grandpa is a lawyer kaso diko malapitan baka mapagalitan lang ako lalo. People around me dont understand that i am dying inside.

[bonito99]

your life. your choices.

 

put a premium on your happiness.

[geminigem23]

Need guidance lang po. Kinasal ako civi lang. Ang hawak ko lang po is marriage certificate, kailangan ko pa ba ng "mariage license" para legal? Hindi ako kumuha non kasi hindi ko naman alam na may ganon pala. Ibig bang sabihin VOID ang kasal kasi hindi ako nakapag apply ng "marriage license"? Kinasal ako 2009. Kung kukuha po ba ako ng CENOMAR what would be the sure status in case na hindi naman ako kumuha ng "marriage license". Please advise. Thanks!

[rocco69]

Need guidance lang po. Kinasal ako civi lang. Ang hawak ko lang po is marriage certificate, kailangan ko pa ba ng "mariage license" para legal? Hindi ako kumuha non kasi hindi ko naman alam na may ganon pala. Ibig bang sabihin VOID ang kasal kasi hindi ako nakapag apply ng "marriage license"? Kinasal ako 2009. Kung kukuha po ba ako ng CENOMAR what would be the sure status in case na hindi naman ako kumuha ng "marriage license". Please advise. Thanks!

tingnan mo sa marriage certificate mo, sa may lower third portion (sa taas ng pirma ng solemnizing officer) kung may nakalagay na Marriage License Number; or kung ikinasal kayo dahil limang taon na kayong nagsasama bago kayo ikasal (Art. 34, Family Code) kaya di na kailangan ang marriage license.

 

Kung may Marriage License No., ibig sabihin ginawan ng paraan yan nung kayo ay ikinasal. Punta ka sa municipality/city na nakalagay na nag-issue ng marriage license at i-check mo sa Civil Registrar dun kung tutoo ngang may marriage license na naka-issue sa pangalan ninyong mag-asawa. Kung meron, mahihirapan kang patunayan na di ka nag-apply for a marriage license nung ikinasal ka. Kung walang ganung license, swerte mo, void ang kasal mo. Maaari kang pumunta agad sa abugado para ihain ang kaukulang kaso para ideklarang walang bisa ang kasal mo.

 

Kung nakalagay na ikinasal kayo dahil limang taon na kayong nagsasama bago kayo ikasal (Art. 34, Family Code), KUNG MAY MALAKAS KANG KATIBAYAN na di naman tutoo yun, maaari ka ring maghain ng kaukulang kaso para ideklarang walang bisa ang kasal mo, kasi nga wala kayong lisensya at kailangan meron dahil di naman kayo nagsama ng limang taon bago ang kasal.

 

Hope this helps.

 

P.S. Mahirap umasa na void ang kasal mo dahil walang lisensya. Magagaling ang mga fixer sa kasalang civil. Mas malamang sa hindi, may lalabas na lisensya sa kasal mo. But anyway, no harm in trying.

[geminigem23]

tingnan mo sa marriage certificate mo, sa may lower third portion (sa taas ng pirma ng solemnizing officer) kung may nakalagay na Marriage License Number; or kung ikinasal kayo dahil limang taon na kayong nagsasama bago kayo ikasal (Art. 34, Family Code) kaya di na kailangan ang marriage license.

 

Kung may Marriage License No., ibig sabihin ginawan ng paraan yan nung kayo ay ikinasal. Punta ka sa municipality/city na nakalagay na nag-issue ng marriage license at i-check mo sa Civil Registrar dun kung tutoo ngang may marriage license na naka-issue sa pangalan ninyong mag-asawa. Kung meron, mahihirapan kang patunayan na di ka nag-apply for a marriage license nung ikinasal ka. Kung walang ganung license, swerte mo, void ang kasal mo. Maaari kang pumunta agad sa abugado para ihain ang kaukulang kaso para ideklarang walang bisa ang kasal mo.

 

Kung nakalagay na ikinasal kayo dahil limang taon na kayong nagsasama bago kayo ikasal (Art. 34, Family Code), KUNG MAY MALAKAS KANG KATIBAYAN na di naman tutoo yun, maaari ka ring maghain ng kaukulang kaso para ideklarang walang bisa ang kasal mo, kasi nga wala kayong lisensya at kailangan meron dahil di naman kayo nagsama ng limang taon bago ang kasal.

 

Hope this helps.

 

P.S. Mahirap umasa na void ang kasal mo dahil walang lisensya. Magagaling ang mga fixer sa kasalang civil. Mas malamang sa hindi, may lalabas na lisensya sa kasal mo. But anyway, no harm in trying.

 

Hi Tease, thanks for the advise. Let's say walang marriage license no...Ang question is kapag kumuha ba ako ng CENOMAR sa NSO lalabas pa din na kasal ako? Thanks again!

[rocco69]

 

Hi Tease, thanks for the advise. Let's say walang marriage license no...Ang question is kapag kumuha ba ako ng CENOMAR sa NSO lalabas pa din na kasal ako? Thanks again!

If the marriage certificate has been forwarded to the NSO, yes, lalabas ang kasal mo. The marriage license is not submitted to the NSO, so it doesn't matter whether you had one or not. So long as the certificate of marriage was submitted to the Civil Registrar, who forwards the same to the NSO, lalabas at lalabas yung record ng kasal mo.

Edited September 19, 2015 by rocco69

[geminigem23]

If the marriage certificate has been forwarded to the NSO, yes, lalabas ang kasal mo. The marriage license is not submitted to the NSO, so it doesn't matter whether you had one or not. So long as the certificate of marriage was submitted to the Civil Registrar, who forwards the same to the NSO, lalabas at lalabas yung record ng kasal mo.

 

Hi Tease, thank again for the relentless answering my inquiry. Does it mean ba kapag hindi na forward sa NSO at kumuha ako ng CENOMAR 100% single ang lalabas?

[rocco69]

 

Hi Tease, thank again for the relentless answering my inquiry. Does it mean ba kapag hindi na forward sa NSO at kumuha ako ng CENOMAR 100% single ang lalabas?

The NSO's records are composed of the documents submitted to them by the local civil registrar. Accordingly, if the local civil registrar has not sent the certificate to the NSO, the latter will not have any record of that marriage.

 

P.S. I think that "Tease" is a ranking one gets here in MTC, not one's user name; in the same manner that you are currently denominated as "experienced", but your handle is really "geminigem23."

Edited September 20, 2015 by rocco69

[geminigem23]

The NSO's records are composed of the documents submitted to them by the local civil registrar. Accordingly, if the local civil registrar has not sent the certificate to the NSO, the latter will not have any record of that marriage.

 

P.S. I think that "Tease" is a ranking one gets here in MTC, not one's user name; in the same manner that you are currently denominated as "experienced", but your handle is really "geminigem23."

 

Thanks again Rocco.