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Thread: Advice on Annulment
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29th July 2009 #1
Advice on Annulment
Hi All,
Where to start, my gf is currently going through the annulment process, which at the moment has taken 18 months. It now seems that the attourney is not happy with the doctor who did the report and needs another witness from my girlfriend. He is now saying it will be another 2 months before he can do anything. I understand it can be a long drawn out process, but I am concerned as each time something comes up and he requires another payment. I am begining to think that there is no end in sight, not a happy bunny at the moment. Any advice would be welcomed.
Thank you.
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30th July 2009 #2
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How about asking the lawyer for a written statement of what he will/can do, showing each step required, the cost and the time frame?
As an ex-cop I am of the opinion that many lawyers, I am carefully not not saying all, are in the business to make money for themselves first and that the interests of their clients are secondary to that. Most lawyer make a 'comfortable' living. When I was a serving detective I was told on a couple of occasions when I asked for advice from a lawyer, on each occasion one I knew well, that I would be wasting my money, even through I had a strong case and that in the end, although I would probably win, I would lose financially because of the legal fees involved.
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30th July 2009 #3
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30th July 2009 #4
there are lawyers who gives an annulment package... that would cover for everything.. that way, you will be assured that the lawyer won't ask for additional cost.
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30th July 2009 #5
money money money i am afraid that is there process i hope its worth it
i was told of a case yesterday the australian kept sending money money money and after 18 months he was no further forward than on day 1 in the end it turned out the girl was not even married she was just a scammer
i even read the emails makes interesting reading
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30th July 2009 #6
HI Purplealien,
As what other members here suggests it is better for your fiancee to avail of the package deal. Or if she has already had started and now it's ungoing she may ask from her lawyer a written agreement and have it notarized so it is binding. I may say that some lawyers are proloning the process so that when we get tired of waiting we will just pay and pay. Oh by the way, there are also some that accepts 2 payments but make sure not to give the full and last payment not until the final paper (Entry of Judgement) is released.
I wish your gf the best of luck..Hope she sorts out her annulment soon.
" The people who mean something to your life are not rated "the best" don't have the most money, haven't won the greatest prizes....
They are the ones who care about you, take care of you, those who, no matter what, stay close by... "
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30th July 2009 #7
Hi Everyone,
Thank you very much for all the support and suggestions. After a nights sleep I am a bit calmer lol. I have the details of the attourney now, so I will do as you suggest and contact him for details and a written statement.
I have been with my loved one for 3 plus years and been to Phil 7 times, so I am pretty sure that its all the attourneys doing,
I will try and keep positive One last question though, we were all set to sort out a vist visa for the end of the year as we were told that the annulment would all be sorted. What is the chance for a visit visa being granted with the process still being carried out ?
Thanks again.
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30th July 2009 #8
Hi purple.....im in the same position at the moment so you have my sympathies.....after many months we have just had the smallest glimmer of movement. Hang in there you know its worth it..all the best
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30th July 2009 #9
Yes try to be positive. You're almost there. Just be patient. You just have to submit the documents needed for a tourist visa. Pls refer to the checklist. I can't tell the assurance of the visit visa nowadays. Some members will share their experiences about this. I did applied for a vv 3 yrs ago. I didn't encounter any problems at all, i got the visa after 14 days w/o an interview.
All the best.." The people who mean something to your life are not rated "the best" don't have the most money, haven't won the greatest prizes....
They are the ones who care about you, take care of you, those who, no matter what, stay close by... "
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31st July 2009 #10
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hi purplealien,
i was in the same situation like your gf before. i went back to the philippines to get an annulment from my ex-husband after 10 years of separation. i got my annullment decision in 6months. i got a package deal from a reputable solicitor in which i can recommend it to your gf if she wanted. we're now planning to get married with my long time partner. my friend who's also in the uk got her annulment in 6months as well. its really difficult to find a reputable solicitor as some of the solicitor here were after money specially if they knew they have money to spend. if you need my help, send me an email at donnabelvaldeo@ yahoo.com.
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1st August 2009 #11
I take it from the situation you have described that your gf's attorney already knows that a foreigner is involved and is paying for the annulment. This seems to be typical of how Filipino attorneys behave when they know that a foreigner is paying the piper.
Unfortunately they seem to be very good at timing things just right, so they can extract as much money as possible. They always seem to give a reasonable quote and then, when you've already paid them quite a lot of money and they assume that it's very unlikely that you'll bin them, walk away and say goodbye to the money you've already spent, they start the delaying tactics and the demands for additional money.
As others have already said, it would have been better if you gf had shopped around a bit and found a fixed price package deal with an agreed payment schedule.
You don't say how much you've already paid him, but it seems to me that if you don't have any fixed cost agreement structure, then there's nothing to stop him continuing to come up with excuses and additional costs for as long as he thinks he can draw it out. I think it might be time to give it up as a bad job, cut your losses, find another attorney and start again.
Iain.
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1st August 2009 #12
Hi All,
At this time I believe that the attorney does not know that I am paying the bills. I was going to contact him, but I am rethinking my options at the moment. If I had known the ropes then we might have tackled it all differently. It was a surprise to me and my gf about her marriage, it seems it's all connected with documents in the NCO as no ceremony ever took place, its a crazy world ! Thanks again for all your help
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1st August 2009 #13
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1st August 2009 #14
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1st August 2009 #15
Hi Purplealien,
You have made the right decision not to tell the lawyer you are the one paying. Don't contact him, let your fiancee do the talking. Pls it is better to stay in the background because once the lawyer knows he will make delaying tactics so you will keep on paying him if you lose your patience in waiting.
All the best." The people who mean something to your life are not rated "the best" don't have the most money, haven't won the greatest prizes....
They are the ones who care about you, take care of you, those who, no matter what, stay close by... "
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1st August 2009 #16
I'm sure most people would remember if at some point in their past, they had stood before a judge or a priest and took part in a marriage ceremony.
Mind you, it reminded me of my wife's cousin who went right through a very expensive annulment process, only to find out at the very end that her so-called ex husband was actually a bigamist so she wasn't legally married to him anyway.
You would have thought at that stage that things would be simple and that she could go ahead and get married again as soon as, but in practise all it meant was that her attorney had another couple of paydays because she had to have 2 more court hearings before she could get her status with the NSO changed back to single.
Only in the Philippines...........
Iain
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1st August 2009 #17
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25th August 2009 #18
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[Gordon Ramsay tone] Marry a single woman! Simple, fresh, uncomplicated, no bullsh*t! [/Gordon Ramsay tone]
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25th August 2009 #19
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We started the process in February, Pre-Trial is on September 9th. The courts sent out a letter advising the date of the last hearing (responding to the summons) which arrived after the hearing date. It was sheer luck that I told Marvie to goto court and find out what was going on because things were taking so long and the lawyer didnt have a messenger to send. Because her ex isn't responding to any requests or challenging anything, it is taking much much longer. It is a long process with waiting for hearing dates, 14 days waiting for whatever, 15 days waiting for something else. But it is slowly getting there, and regular calls to the lawyer are necessary to keep him motivated lol
Regarding cost, this is from another website. But in actual fact we've agreed about two this, 100,000 PHP in advance and 100,000 PHP after completion.
Cost in Annulment/Nullity of Marriage
The usual total cost (operational cost and attorney's fees) for this kind of cases will reach from P75,000.00 to P100,000 (or about US$1,400.00 to US$1,785 at the current rate of exchange of US$1:PHP56). These are cases where both parties are in the Philippines and that there are no complications or it is uncontested.
Operational Cost of the Case
Filing Fees – about 6,000.00 (but would depend if there are properties owned by the couple)
Service of Summons - about P1,000.00
Publication – about P5,000.00 (if there is a need to publish the summons if it cannot be served personally)
Transcript of Records – about P1,500.00 (if there are about two (2) witnesses that will be presented)
Mailing expenses – about P1,000.00
Photocopying expenses – about P500.00
Psychologist/Psychiatrist – P10,000.00 (if the ground for nullity of marriage is psychological incapacity)
Estimated Operational Expenses – P25,000.00
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26th August 2009 #20
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22nd October 2009 #21
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could you please let me have details of lawyer who will only charge 200kphp. my lowest quote is 250kphp. thank you for your help. swilson
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22nd October 2009 #22
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22nd October 2009 #23
Better be careful of what u say dude...
nd to purplealien,i wish you all the best..Im also currently on ma annulment process,Ive been separated with a filipino guy for 7 years already...I went abroad and save up some money and applied for the nullity of ma marriage when i got back on ma own money,didnt wanna accept any money from ma bf that time cz its ma mess..Its almost 2 years now but hopefully gonna end by december..It depends on the sched of the judge, n the other party if theyre makin some stress and if u both have assets and all it wud really take long...In ma case,My judge's sched is hella hectic and she jst comes here in cebu every 2 months...My ex didnt bother to attend in any trials we had whatsoever...Thats good actually for me,makes the process more fast...Just be patient...Cheers!
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22nd October 2009 #24
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You can get a new counsel to represent your gf if you think he is ripping you off. Mine took 6 months. I changed counsel as I wasnt happy with my first lawyer. I spent £ 1,200.00 for everything.
Each time my lawyer appeared in court I pay P 2,000.00 and I was really persistent dont leave it to your lawyer especially the dates of the hearing, as he dont think about rushing up. Sorry to hear your troubles hope you sort things out soon.If it's not life threatening IGNORE it .. .
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23rd October 2009 #25
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srvfan's advice is true though. A LDR between someone in the UK and someone in the Philippines has enough hurdles to cross without the added complication of requiring an annulment in the Philippines first. I am not talking about the money factor, it's the time factor - as you admit you could be waiting a couple of years.
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23rd October 2009 #26
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When this was posted I too thought how could a person not know if they were or were not married.
I may have changed my view on that.
Last week friends of ours, English guy Filipino female, both intelligent people, apologised because they had not invited us to their wedding in a catholic church here in Spain. I was surprised how they could have married in a catholic church as both of them are divorced.
Well to cut a long story short, it was only when I asked if the guy had sent off the marriage cert to DWP to claim the additional pension that I discovered they were only blessed by a priest not married. Both absolutely believed they had got married.
LOL
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23rd October 2009 #27
Theres something in the Philippine press today about an annulment thats been ongoing for 30 YEARS
Sometimes you're flush and sometimes you're bust, and when you're up, it's never as good as it seems, and when you're down, you never think you'll be up again. But life goes on.
The beauty of a woman is not in the clothes she wears, the figure that she carries, or the way she combs her hair. The beauty of a woman is seen in her eyes, because that is the doorway to her heart, the place where love resides. True beauty in a woman is reflected in her soul. It's the passion that she shows to the outside world.
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23rd October 2009 #28
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I think the last post might refer to;- "Failed marriage of 30 years not enough for annulment" see :- http://ph.news.yahoo.com/abs/2009102...u-85c5a6c.html
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23rd October 2009 #29
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Five years for us so far just to get all the prerequisites out of the way to the point where we could apply to the court, that happens next week however it should be a simple case as we are just asking for recognition of a foreign divorce that happened 12 years ago.
You are right LDR's are complex enough, the stresses and strains of just trying this can be enough to almost bring a relationship to an end and we have come close a few times.
Jim
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24th October 2009 #30
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Marvie started her annulment in February and it's becoming a bit tiresome with the issues in court. Her husband has not responded to anything, so it's been a constant waiting game as they do the summons, then they have to check each time whether he's received the letters and investigate the collusion etc. Finally we had the trial a few weeks ago and ran out of time before the cross examination, and the next available court slot was 2 months later in December!
We've just gone with the flow and not tried any funny business, but it is a bit annoying having to continuously wait for the court system...
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