A Discussion on the Grounds for Legal Anulment

[raindear26]

my mother got her annullment in just a month or less.. i couldn't believe but it's true... i first applied for my divorce and she got her annullment first.

[dee]

Hi. I am new to this site. Although I am not living anywhere near UK,I found this site very interesting.

[katie37pinayuk]

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.

[keithAngel]

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.

cant answer the second but the first is the Fils

[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?

[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

[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.