Annulment 101

[LEX]

Tequila,

 

When you arrive in the Philippines, file a petition in court for visitation rights.

 

Make sure you are willing to give financial support to your child.

 

You cannot compel your child to visit you. As a matter of fact, you cannot also stop your wife from bringing your child abroad even if it will mean that you will not see your child anymore.

[tequilagold]

Lex,

 

I filed a motion to exercise visitation. The problem is it's the Holiday Season of 2012 and I was caught by surprise that my ex-wife gave me this attitude of depriving of my visitation. I got one of the high profile lawyers in Makati but the visitation was limited only for that Holiday Season (December 2012). So, there was no provision for further visitation or electronic communication after that season. My lawyer told me that the our goal for that motion was limited since we were short of time since the Court will be closed for Christmas break. So, if I were to exercise my right, I have to file for another motion for visitation which is more comprehensive. The problem is that visitation is not defined in the Philippine Family Code. What happened in my previous visitation was I have to pick up my child from my ex-wife house in the morning then return later in the evening at specific times. I think the judge and even my lawyer were being unreasonable. I was expecting that the Judge will decide in my favor of having my child spend the entire December vacation with me. My lawyer advised me that we have to agree as that what my ex-wife wanted. So, my advise for those in the same foxhole, get a good lawyer, preferably male, and make sure that you have the same point of view for his case. See the Supreme Court decision on Silva vs Silva http://www.lawphil.net/judjuris/juri1997/jul1997/gr_114742_1997.html http://www.lawphil.net/judjuris/juri2010/feb2010/gr_166579_2010.html or visit lawphil.net and search for visitation ruling under juris section. I hope this helps.

 

TEQUILAGOLD

[ruleroftheland]

file a petition for habeas corpus.

[MTBCommuter]

Very informative, thanks for the advise

[tequilagold]

Well, what's common in most Philippines marriages which end up to separation is parental alienation. Both parents put the child in the middle and make the other parent look bad so as to monopolize the child. Here's an informative video from one of the resource speaker about this topic.

Parental alienation is a hate crime with the children being the ultimate victim. It opposes the essence of visitation right which is to foster parent-child relationship. It breeds hate which will be a burden to the children when the grow. We have to save these children by making alienator aware of the long term consequences of such actions. The child should never pay for the misunderstanding of parents.

[tequilagold]

Learn from Alec Baldwin about parental alienation.

[rcache_03]

ang hirap po magkaroon ng asawa laging galit. simply bagay sira dito sira doon. hindi ko po alam n gagawin ko. Pgkameron hindi pgintindihan ako n lng ang umaalis. laging masama n lng ang tingin sa akin. lord n lng ang bahala. naawa ako sa mga anak ko. pls forgive me lord.

[rcache_03]

mahirap po ang umpisa ng relationship kapag magulo n rin s umpisa. Ganun b tlaga ang life after marriage. Trabaho ay affected n rin. gusto ko n lng mgabroad at doon mgtrabaho para kht papano. wlang gulo. sarili ko lng ang inisip.

[Ladykiller09]

anong bang law na pwede samin mga tatay? kasi majority ng laws regarding sa child custody is favorable sa mga nanay, kawawa naman ang mga matitinong fathers na victims ng circumstances... please reply

[lomex32]

Wala

 

There was a similar discussion in the Senate and eventually Tito Sotto said "magpapakalalaki na lang kami"

 

anong bang law na pwede samin mga tatay? kasi majority ng laws regarding sa child custody is favorable sa mga nanay, kawawa naman ang mga matitinong fathers na victims ng circumstances... please reply

[Ladykiller09]

Wala

 

There was a similar discussion in the Senate and eventually Tito Sotto said "magpapakalalaki na lang kami"

 

 

 

Thanks... sad talaga life really seems unfair

[jekeice]

Good pm sir and ma'am. My parents are planning to have an annulment. Being adult children already, together with my siblings, we somehow support the idea since so many heartaches were experienced and i guess i have just to accept that there could be no perfect marriages. One of the problems i see is that the siblings of one of my parents really love to intervene with our family matters. Since my mother just stays at home to take care of us when we were still kids.,They say that what my parents own belong mostly to my father because he's the breadwinner. Is there a pssibility that what they claim is true and that after the annulment nothing will go to my mom? Thank you.

To the mods, if this is not within this thread, kindly delete, my apologies

[rocco69]

1. They say that what my parents own belong mostly to my father because he's the breadwinner. Is there a possibility that what they claim is true and that after the annulment nothing will go to my mom?

 

I'd say the possibility is remote. If your parents got married after Aug 1988 (ibig sabihin Family Code na ang effective) at kung wala naman silang pre-nuptial agreement (which is usually the case 99.9% of the time), kapag na-declare na null and void ang kasal nila (I don't think they're getting an annulment, but rather a declaration of nullity of marriage, and most probably on the basis of psychological incapacity), Art. 147 ng Family Code ang iiral. Which would mean 50/50 ang hatian nila sa properties. This is the most likely scenario that will take place.

 

In fact, even if they got married before Aug 1988, it would still be the same scenario (so long as wala silang pre-nuptial agreement, Art. 147 pa rin at 50/50 pa rin ang hatian.

 

Good pm sir and ma'am. My parents are planning to have an annulment. Being adult children already, together with my siblings, we somehow support the idea since so many heartaches were experienced and i guess i have just to accept that there could be no perfect marriages. One of the problems i see is that the siblings of one of my parents really love to intervene with our family matters. Since my mother just stays at home to take care of us when we were still kids.,They say that what my parents own belong mostly to my father because he's the breadwinner. Is there a pssibility that what they claim is true and that after the annulment nothing will go to my mom? Thank you.

To the mods, if this is not within this thread, kindly delete, my apologies

Edited August 27, 2014 by rocco69

[jekeice]

Thank u very much sir rocco69 for the reply. Another question please, we have this one property (income generating business), our family as in the immediate family owns wherein when it was first put up, some relatives contributed a small amount (no papers signed), can they too have a claim in it? It's just so hard for us because even up to now, some of the relatives actively participates in the business as either line or staff personnel who sre also compensated and we dnt knw if we have a fight against them if in court they will say that they too have a share in the property. Sorry for the ignorance sir.

[rocco69]

It is going to be a matter of evidence. If the relatives can prove that they are partners in the business, rather than mere employees, they would be entitled to a share. Mahihirapan nga lang silang patunayan ito dahil, ayon sa iyo, wala namang papers na pinirmahan, pagkatapos tumatanggap sila ng compensation. Ang partner ay tumatanggap ng share ng profits, hindi ng sweldo (unless he is paid additional compensation, aside from the profits).

 

Thank u very much sir rocco69 for the reply. Another question please, we have this one property (income generating business), our family as in the immediate family owns wherein when it was first put up, some relatives contributed a small amount (no papers signed), can they too have a claim in it? It's just so hard for us because even up to now, some of the relatives actively participates in the business as either line or staff personnel who sre also compensated and we dnt knw if we have a fight against them if in court they will say that they too have a share in the property. Sorry for the ignorance sir.

[samahang alternick]

It is going to be a matter of evidence. If the relatives can prove that they are partners in the business, rather than mere employees, they would be entitled to a share. Mahihirapan nga lang silang patunayan ito dahil, ayon sa iyo, wala namang papers na pinirmahan, pagkatapos tumatanggap sila ng compensation. Ang partner ay tumatanggap ng share ng profits, hindi ng sweldo (unless he is paid additional compensation, aside from the profits).

 

 

 

+1

[jekeice]

Sir rocco69 and samahang alternick, thank you very much.

[Ladykiller09]

if a married couple does not cohabitates with each other for 10 years does this ground for annulment or void of marriage?

[hero-uy]

Pwede ba gawing ground for annulment pag nag ka anak na yung babae sa ibang lalake?

[rocco69]

Yung hindi lang pagsasama ng sampung taon ay hindi ground for nullity of marriage (hindi talaga ito ground for annulment).

pero, maaari itong gawing basehan para sabihin na "psychologically incapacitated" ang isa sa kanila (o sila pareho). Bale, psychological incapacity ang basehan para ipa-deklara ang kasal na walang bisa (kailangan mo ng psychologist o psychiatrist na mag-uugnay ng di nila pagsasama sa isang psychological disorder).

 

if a married couple does not cohabitates with each other for 10 years does this ground for annulment or void of marriage?

[rocco69]

Yung pagkakarun ng anak ng babae sa iba ay hindi ground for annulment of marriage.

pero, maaari itong gawing basehan para sabihin na "psychologically incapacitated" si babae. Bale, psychological incapacity ang basehan pra ipa-deklara ang kasal na walang bisa (kailangan mo ng psychologist o psychiatrist na mag-uugnay ng pagkakaroon ng iba ni babae sa isang psychological disorder).

 

Pwede ba gawing ground for annulment pag nag ka anak na yung babae sa ibang lalake?

[pussywagon]

Yung pagkakarun ng anak ng babae sa iba ay hindi ground for annulment of marriage.

pero, maaari itong gawing basehan para sabihin na "psychologically incapacitated" si babae. Bale, psychological incapacity ang basehan pra ipa-deklara ang kasal na walang bisa (kailangan mo ng psychologist o psychiatrist na mag-uugnay ng pagkakaroon ng iba ni babae sa isang psychological disorder).

 

Can this (wife pregnant to another man other than husband) serve as a ground to file a case against the other guy?

[g0ps]

You can file a criminal case for adultery against the wife, which would also include the other guy in the charge.

[g0ps]

But for the declaration of nullity of marriage, that's a bit far fetch. It will depend on the ingenuity of your lawyer to establish that "having another man" constitutes psychological incapacity on the part of wife. You would also be needing a good report from a psychologists. With that said, let's be realistic.. if you pay the right price to the right people, (you know what i'm saying? ) you will most likely get your nullity in about a year's time.

[g0ps]

If your wife gets pregnant by another guy, that is not a ground for annulment or nullity of marriage. That is however a strong evidence for adultery.