A Discussion on the Grounds for Legal Anulment

[Florge]

Hi Pete,

Thank you for the information I have read most of them that I need to know but I am not quite sure if i did miss something out. My question is relating to Judicial Declaration of Nullity of Marriage.

I have applied for Judicial Petition for Declaration of Nullity of Marriage was declared Null and Void, (He was previously married) making the children Illegitimate. By law, should there be a stipulation about the children's custody if they were born out of wedlock?

Under Family code, title VI, article 176:

Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.(As amended by Republic Act 9255, approved February 24,2004.)

[Florge]

im hesitant to start a thread. but whilst looking for a related discussion, i found this - in such case where husband and wife married in the Philippines, both still filipino citizens but residingi n the UK - where is the venue to file an annulment? how do the petitioner go about it?

any help/advise is greatly appreciated.

venue for annulment is in the Philippines.. how to go about it? file in a philippine court... would be more expensive as petitioner has to come back to the philippines to attend trial.

[jaishann]

Or go for "Pesumptive Death" instead, most smart lawyers in Phills can manage this for you even if the ex is still alive and well.

..you are absolutely right

[ticker]

hi raindear26, wow, your mother's annulment was quick, who was her lawyer? how much did it cost her? my girlfriend as been quoted 150 thousand pesos and will take up to 12 months to complete, is this the going rate and time wise?

[myrna]

hello can u help me to find the best way how to get a visa in ireland? i

[darren-b]

hi raindear26, wow, your mother's annulment was quick, who was her lawyer? how much did it cost her? my girlfriend as been quoted 150 thousand pesos and will take up to 12 months to complete, is this the going rate and time wise?

raindear26 hasn't been active since june 08, so I doubt you'll get a reply from her.

Going by what others have said PHP150K and up to 12 months is fairly normal - some have taken longer and cost a lot more.

hello can u help me to find the best way how to get a visa in ireland? i

Marry someone already living in Ireland is the easiest way. Or are you are work visa?

[pinay4uk]

Pete, good, you visit Paris again and can practice your Bonjour et Merci, Au Revoir, haha. Your Paris trip must be a continuance of a never ending honeymoon!
Got something here about the topic:

http://philsfamilyjurisprudence.blogspot.com/

It is a story of both filipino married in phils, then the wife went to US, filed a divorce, marry a US citizen, become US citizen,but do not free the poor filipino husband to remarry.

According to Article 26, paragraph 2 of the Family Code of the Philippines –Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Court decision says:

By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus.


I think, amy perez can file a divorce and remarry, but not free her husband for any divorce amy perez filed. Same with Zsa Zsa, as they are both STILL FILIPINO, when they file their annulment. Dont know if I am correct here, hehe.


To summarize,(I think ) its better to wait new citizenship before filing divorce/annulment isnt it? hehehe!

Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too? I mean as far as I know once married here and will get married there in UK without annulling her marriage here even was able to get divorce there, such a Filipina involved will still have problem since once she applied for a spousal visa she has to show CENOMAR or show evidence of nullity of marriage here right?or will the divorce she filed there will be ok? i am just confused....

[RickyR]

It becomes very complex, but yes the difficult part is getting the spousal visa without a CENOMAR. Honestly, it would be sensible to get married whilst your still married in the Philippines. The Philippines doesn't recognise an overseas divorce either. I personally wouldn't have married someone who was still married in the Philippines, even if I could, because it would leave you wide open.
I know the annullment is a long process, but its worth it. My wife got an annullment, and it was a hell of an ordeal, but everything is legal and easy now.

[sars_notd_virus]

The Philippines doesn't recognise an overseas divorce

The Philippines recognises foreign divorce as long as the divorce is properly done in legal way (divorce decree), it is usually filed in Regional Trial Courts in the Ph.

http://jlp-law.com/blog/judicial-rec...ivorce-decree/

[sars_notd_virus]

Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too?.

No , you need to have Decision and Finality of Annulment before you marry in the US or the UK.
Once you got the Decision/Finality of annulment papers it will be annotated on your NSO Marriage certificate , this documents is very important to show any embassy that the previous marriage is nulled and void,...the previous marriage will still appear in the NSO if applied Cenomar but the annotated copy will support the documents and is free to marry again.