Annulment 101

[Duel of Fate]

2 minutes ago, James Tan said:

how much estimated for annulment?

probably around 250k to 300k 

[jekyl]

On 5/13/2022 at 4:28 AM, James Tan said:

how much estimated for annulment?

There are lawyers who charges 250k and above full package na yun including pleadings and other expenses and meron din namang 200k pero hindi kasama yung mga appearance and pleadings so ang ending mas mahal. I suggest get a lawyer na magiging comfortable ka and at the same time hindi ganun kalaki sumingil.

[Dealdealers]

How long is the proceedings? Years?

[lexamicus]

1 hour ago, Dealdealers said:

How long is the proceedings? Years?

The proceedings will depend on the intricacies of the case usually this takes 2-3 years the most on the trial court level. 

[crimson17]

what if adopted name (surname ng stepdad ginamit) ang ginamit sa kasal pero siya hindi legally adopted? is it voidable?

[JonKartero]

On 10/23/2022 at 11:10 PM, crimson17 said:

what if adopted name (surname ng stepdad ginamit) ang ginamit sa kasal pero siya hindi legally adopted? is it voidable?

no. short answer is, correction of pertinent records lang yan, none of the elements of a voidable marriage are present (ie. duress, underage, etc.)

hindi rin siya "fraud" kasi the surname of a person has nothing to do with vitiating consent. puwera na lang if the stepfather's surname was used to commit a larger fraud (ie. she claimed na anak siya ni X at may makukuha siyang inheritance, kaya na-entice si lalaki na magpakasal sila, etc)

[skywalker04]

Sir @rocco69 you've got PM. thanks! 

[baddawg]

Good day sirs, wondering of there are still attys on this thread... I saw others posting a rundown of their cases so will add also. Ano kaya ang possibility na ma-grant ang annulment of this one:

 

Mr and Mrs have been married since 2013 with one kid.

Around a year into marriage, Mr notices that their sex life has dwindled to 1-2 times a month. It only picks up when they decide to have a kid. After the kid, their sex life dwindles down even less to a few times a year. Always it is Mrs who turns down sex.

After 8 yrs of marriage, it's discovered Mrs has been having an affair with a married man X at work, she claims it's only been a couple of months.

The wife of X, who used to work with both X and Mrs, warns Mr that Mrs has always been "a little too flirty for comfort" at work with other men, hinting that Mrs' daliances may have been even earlier.

Mr and Mrs try couples counseling but the suggestion of the therapist to have more sex only irks Mrs even more, as she claims she "doesn't enjoy sex", and their marriage becomes even more hostile. Mr moves out for mental health reasons but no legal separation was filed. The kid is staying with Mrs.

Recently it has surfaced that Mrs is having another relationship with another married man at her new place of work. There is no hard evidence on this.

Edited March 5, 2023 by baddawg

[gee12]

Kapag si mr po ba ang nagloko, pwede din ba siya mag file ng annulment?? Or Pwd bang gamitin nya ang grounds ng psychological incapacity para mapawalang bisa ang kasal nila ng misis nya kung my maipresenta syang evidences to prove it?? And ano po kaya possible evidences to prove psychological incapacity?? Thank you. 

[sancho_panda]

Can someone here personally vouch for a good lawyer? Yung kayo mismo client. Thanks!

[batsy]

mapapadali po ba annulment pag matagal ng hiwalay? 12 years na hiwalay tapos nag asawa na yung ex ko may dalawang anak na sila.

[Mar16]

7 hours ago, batsy said:

mapapadali po ba annulment pag matagal ng hiwalay? 12 years na hiwalay tapos nag asawa na yung ex ko may dalawang anak na sila.

Hindi po automatic na ganon ang resulta kahit matagal na po kayong hiwalay. kailangan pa rin patunayan ang psychological incapacity.

At ano po ibig sabihin nyo na nag-asawa na yung ex nyo? kung kasal po kayo nung ex nyo eh hindi po pwede yun. Ibig sabihin illegal po yung kasal nya sa bago nyang asawa.

[batsy]

18 hours ago, Mar16 said:

Hindi po automatic na ganon ang resulta kahit matagal na po kayong hiwalay. kailangan pa rin patunayan ang psychological incapacity.

At ano po ibig sabihin nyo na nag-asawa na yung ex nyo? kung kasal po kayo nung ex nyo eh hindi po pwede yun. Ibig sabihin illegal po yung kasal nya sa bago nyang asawa.

I mean not literal na married sila. Nagsasama lang sila tapos may dalawang anak na.

[Duel of Fate]

On 4/26/2023 at 9:16 AM, batsy said:

mapapadali po ba annulment pag matagal ng hiwalay? 12 years na hiwalay tapos nag asawa na yung ex ko may dalawang anak na sila.

 

7 minutes ago, batsy said:

I mean not literal na married sila. Nagsasama lang sila tapos may dalawang anak na.

annullment is for legally married people only. 

and no. walang kinalaman ang 1yr vs 100years. its the same process and timeframe and costing sa korte. 

 

Edited April 27, 2023 by Duel of Fate

[Duel of Fate]

On 10/23/2022 at 11:10 PM, crimson17 said:

what if adopted name (surname ng stepdad ginamit) ang ginamit sa kasal pero siya hindi legally adopted? is it voidable?

 

On 11/17/2022 at 5:24 AM, JonKartero said:

no. short answer is, correction of pertinent records lang yan, none of the elements of a voidable marriage are present (ie. duress, underage, etc.)

hindi rin siya "fraud" kasi the surname of a person has nothing to do with vitiating consent. puwera na lang if the stepfather's surname was used to commit a larger fraud (ie. she claimed na anak siya ni X at may makukuha siyang inheritance, kaya na-entice si lalaki na magpakasal sila, etc)

true that. 

to add, pumasa sya sa screening ng LCR to grant a marriage license. which i presume had to be questioned if the birth cert had a different name. the marriage contract is valid because the identity/ies of the parties entering it are deemed and declared as valid. if there is a name issue it is considered by the court as either a clerical error or as a "pseudo", both of which can be rectified with a one and same documentation.