A Discussion on the Grounds for Legal Anulment

[alliah]

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.

if both are filipino citizen and the marriage happen in the phil you have to file it in the philippines. Usually according to them u have to file it to where you are residing. But if you want to have it in a month, 3 or 6months find a lawyr wer they can accommodate your request.

[IainBusby]

if both are filipino citizen and the marriage happen in the phil you have to file it in the philippines. Usually according to them u have to file it to where you are residing. But if you want to have it in a month, 3 or 6months find a lawyr wer they can accommodate your request.

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.

[Tawi2]

Very perceptive of you Ian I know someone who has just had documentation that their ex is dead,even though he lives several doors away from her parents

[Ady]

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?

[IainBusby]

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?

He couldn't just come knocking on the door, he would have to hire himself a lawyer and go to court to contest the ruling and in 99% of cases like this, the ex has moved on and has either married again bigamiously, or is shacked up with another woman somewhere else anyway.

Most of the time the only reason they haven't filed for annulment is because they don't want to spend the money and if they did learn that they were no longer married, they would probably be quite chuffed about it.

Having said all that, if the ex did find out and took it to court, then he would then be regarded as the legal husband. But in practise philippines law is very vague about what would happen then, it seems they either don't expect that ever to happen, or they just can't be bothered to legislate for this sort of outcome.

This is only ever likely to be a problem if the couple in question intend to live in the Philippines permanently. But if the couple come and live in the UK for long enough for the wife to get at least ILR, or better still British citizenship, then I don't think it would be a major concern in the long run.

Iain.

[johncar54]

However, what would happen if, for argument's sake, the husband that was presumed dead came knocking on the door with a policeman claiming he was still alive, and that his wife had now committed adultery?

If that happened in the UK, the original couple would still be married but the new couple would not have committed any criminal offence. They of course would have declared the situation when they applied for the 'new' marriage licence. Had they lied of course they could be prosecuted for making a false statement.

To sort it out, the original couple would need to get a divorce and the new couple would need to marry again. If the first partner, who had been considered dead, objected to the divorce, they would need to have a very good argument to convince the judge that they had not deserted their partner and thus the divorce would normally be granted.

[alliah]

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.

its not wise to go on with "PRESUMPTIVE DEATH", u might even get sued by your husband, presumptive death maybe applicable if both of you are willing to annull the marriage. then why not go on for psychological incapacity. that is the most in nowadays.

[Florge]

sorry... but just to clarify, presumptive death is not a ground for annulment of marriage. Presumptive death is a petition you file in court for purposes of remarriage.

Presumptive Death for Purposes of Remarriage

Art. 41 of the Family Code, provides that:

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

But if you have doubts as to his existence, the Family Court provides another remedy. It is called a petition for presumptive death for purposes of remarriage. This is only applicable when you haven't heard of your spouse for four consecutive years and that under existing conditions, you believe that he or she is already dead. Only two years is required in case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, like when the spouse is on board a missing airplane or vessel.

For the purpose of contracting the subsequent marriage, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

[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