This is some of the questions gathered from my emails. Not many filipinos knows about this laws, and some think, this is a law granted only for the rich like Sharon Cuneta and some others celebrities and politicians.
No.
Any grieved party can file, but she or he must have grounds or proofs to present in court to void her existing marriage.
Adultery ,Bigamy, abandonment, even no marriage liscense are parts of grounds under this law!
So check your copy of marriage contract if it is recorded in NSO and in cityhall where your marriage took place. Maybe you are one of those...with no marriage liscence. Some marriages, the official that solemnized by the law has no authority, this marriage is void also. There are lots. You may email me or my annulment lawyer in the links of this blog.
In Philippines,with a filipina wife, husband sometimes beat her, even cheat on her, but dont let her go hungry, because the time someone offers her good position in life, she would file an annulment of marriage to end her sufferings.Its normal, who would not like to have better oppurtunities.This is a fact base on one of my discussions with my attorney.
The correct attorney, will ask you questions, why you want to have your marriage annuled. She would listen your case, assess it, and look for the ground that suits the story you told her.
Then she would ask a copy of you marriage contract, birth certificates of children if any, then she would check the marriage liscense in the city hall where it was registered.
In Manila city hall, there are lots of double or even triple marriage liscences used by a lot of couples, because they were conned. Please check your marriage contract if you are registred in Manila cityhall. Just to make sure, check if you have a vlid marriage liscence.
When the lawyer finds your marriage liscense as fake, bulls eye, you dont have an existing marriage by the law. Grounds to be used: no marriage liscense. Six months, you will have your marriage annuled. But still you have to hire a lawyer of your choice, because a judge will hear your case and decides. Oh, yeah, there are still a lot of paper works. They will decide, send copies to cityhall and NSO that the marriage of so and so is null and void. So theres still expenses to shoulder.
In psychological incapacity grounds, petitioner will hire a psychiatrist. Some lawyers will refer one, but petitioner can choose hers, if she knows one.It is a must for the case because the psychiatrist will testify in court to establish psychological incapacity of the respondent.
For the proofs, the narration of the petitioner is the basis of the proof. The birth certificate of children if any wil be exhibited in court. Then other things like salary of husband, if working, or photos, or letters to support the allegations etc etc.
Then the lawyer will prepare the petition, file it in court where either of the party presently living. The court will stamp it as recieved copy, lawyer will pay fees, and the party will have an appointment with a fiscal, who will determine if any collusion (mutual agreement) between the parties to file an annulment of their marriage.
If no collusion, the fiscal will render a decision as "no collusion" case can go to pretrial hearing. If proven there is a colluSion, the case will be denied to continue to the judge.
A date will be given to both parties. Respondent will be notified he has a case against him on this and that date. He has options to appear or not.It will not be against him.
Annulment of marriage is a civil case between husband and wife. It is not a criminal case like we read "vs people of the Phils."
No.
Date will be given to the parties to appear.Their will be a preliminary hearing, this is a presentation of the petitioner to the judge, presentaion of the lawyer who handles the case and the respondent and his lawyer. Judge will check if both parties had undergone proper proceedings, acknowledgments reciepts had been filed in the court :that respondent was notified.
If the judge is full up, there will be three or four hearings for the case.
When case hearing was done from petitioner's testimony to witness, the court will ask the lawyer to submit evidences to the court . A 90 days duration is given to the judge to render decision. When the decision arrived, the court will send the decision to the court of appeals. Meaning there will be a final decision if the marriage be annuled or not.
Zsa sza Padilla's case was decided by lower court. When it comes to appeals, it was denied. If it is like that, as it is a final decision, it is for life. She cant have her annulment of marriage even she re file.
Thats it.
But my advice, before any decision on annulment, be ready for emotional stress. People will scorn you, as in filipino culture, husband and wife should stick together despite.Even your family, or your husband's family will despise you, and threaten you to take away the kids from you.
Also be ready for financial stress. It is not as cheap as buying a new dress.
Instead of having an annulment, try to save the marriage. Talk to the husband, maybe there is a way.
In my case, the first infidelity, it was a wave of shock, five years before I recovered. When I started to trust again, on the 6th year,the infidelity started again also.
Try to forgive and mend, even it is hard. Sometimes a confidential talk to one another helps builds up again a shattered marriage.Click here for tips on
your marriage can be savedspeak to you soon...