Annulment in less than 6 months without returning to philippines??

[HACHE]

Hi Guys,

After listening to alot people's experiences and stories and reading up alot, both here and elsewhere on the net regarding the Annulment process, I felt I had a fairly objective view that the Annulment process was complicated matter with alot of hurdles and, basically not a simple easy thing to sort out.

For me it has always been a "monster in the cupboard", in my relationship, that if I decide I have a future with my Girl, there's this massive hurdle to overcome, which is daunting and stressful.

However, a friend of hers met an english guy back in March, has been living with him, and over the last five months has apparently sorted her annulment out, in this short time, without even going back to the philipppines!! And they are getting married next month here in UK..

Anyone else heard this being that simple??? hope everything is in order for the couple in question.

Would be nice to hear other peoples take on this as I haven't been aware of such an example before.

Thanks,
Hache

[Terpe]

Let me say up-front that I've no practical experience of this but from what I understand the rules now do allow Petitioners overseas to file the Petition in the Philippines via their lawyer in the Philippines.
The actual petitionstill needs to be signed, notarised and authenticated by the local Philippine Embassy.
The papers can be sent back to the lawyer for filing with the court.

Now, here's where my understanding differs with what you've suggested.
I had always understood that there must be an attendance to the trial and maybe also for oral testimony.
As far as I know the case can be dismissed if there's a no-show at the pre-trial conference.

I think 6 months is quick but I also think it's possible. Generally it take longer.

It's always going to be impossible to predict either cost or time in these matters. Bit like any divorce really. Everything depends on the individual simplicity or complexity of the case, and also to a large extent on the relationship between laywer and judge.

You wouldn't want to be facing a judge who is associated with 'Couples for Christ' for example. :biggrin:

I'm sure there are members here with first hand experience who can offer more knowledgeable answers.
But if I were you I'd ask the friends more questions and see how their case stacked up with your g/f's case.



Just my 2 centavos

[RickyR]

The proceed isn't particularly complicated, but can be time consuming. Failing to attend the hearings would normally result in the case being terminated.
Essentially what takes time is the multiple attendance at court for the various hearings (around 10 hearings if I recall). For most of the reasons for an annullment you also need pyschologists to attend with statements, and also ensure that the husband is compliant without being accused of collusion.

Having an annulment completed in 6 months, it's not unheard of but 12-24 months is more common. Having it completed without the petitioner attending, thats a lot more unusual.

What is required to ensure this happens smoothly

1) The Lawyer is competent, knows the procedures, knows the clerk and judge well and is punctual to all hearings
2) The pyschologists are competent, and attend all hearings on times
3) The court is good, and will allocate appointments without changing them, has availability at short notice (its not unheard of for some courts to have 3 or 4 month backlogs on appointments).
4) A favourable judge

So essentially, you need a good lawyer, a good court, a good judge and good pyschologist. Sometimes to make all that happen it is necessary to grease the wheels.... Don't be fooled by the 'poor' philippines, the greasing will be 5 or 6 digits (in peso).

We ensured that my wifes annulment was by the book, as we very much didn't want it coming back to bite us in the future (unlikely, but possible). Whilst I'd say it was a fairly straightforward process of my wifes lawyer attending the hearings (and my wife HAD to attend 1 of the hearings, we were told we had no way around this legally), the delays were mostly just silly things. The court would close for holidays, and hearings would be rescheduled. The pyschologist would fail to turn up to a hearing, and even on occasions the lawyer was late for hearings, and this would put each hearing back around 3 or 4 weeks. Frustrating, but we got through it all.

[HACHE]

Thanks for your time to reply guys.

Yeah alot of what I've read in your replies seems more in line with what I've read previously understood.

I don't have much time to see either of them in person unfortunately, but of course there are alot things I'd like to ask them...

I am sure you can understand my curiosity about what they've experienced. I was dumfounded when I heard that it had all been "sorted" in the way I stated in my original post...
Will be interesting to see what others say, and thanks in advance to those who do..
Thanks,
Hache

[grahamw48]

Do bear in mind also that documents can quite easily be 'bought' in the Philippines, but that does not necessarily mean that they will pass muster when subjected to close scrutiny by experienced higher authority.

[HACHE]

Do bear in mind also that documents can quite easily be 'bought' in the Philippines, but that does not necessarily mean that they will pass muster when subjected to close scrutiny by experienced higher authority.

Yeah of course thats a good point. My curiosity just stems from the fact that the anulment in this case seemed so so different to what I have read and heard myself... Time will tell, hope everything is in order and no one's fingers get burned.
I know she needs do be able to show she's "unmarried" and single and free to get married here in the UK....I wouldn't know if its at all possible to circumvent with anything "dodgy" done along the way....

Hache

[Terpe]

Isn't it the case here in England that 'your word' is good enough?
If you say your single, never been married and free to marry then that's it?

[sars_notd_virus]

Annulment in less than 6 months without returning to philippines??

Would be nice to hear other peoples take on this as I haven't been aware of such an example before.



yes , annulment non appearance can be done if the petitioner is residing overseas and has a valid reason why they cannot attend the annulment proceedings /pre trials etc....if i may ask what are the grounds for the petition???
Ive had my annulment done in the Philippines about 5years ago , only attended the pre trial, and the respondent didnt contest thats why the timeframe is quick...I paid around 250,000 pesos altogether until my annotated marriage certificate was out,,,,....make sure that before the petitoner file the case,...they agree a total price with the solicitor or you could find them asking for additional cost such as travel expenses, court hearings, etc:cwm25:

[HACHE]

Isn't it the case here in England that 'your word' is good enough?
If you say your single, never been married and free to marry then that's it?

I do not know the formalities of getting married, but its a fair assumption that you'd need to verify your identification and your marriage status would be linked.
And I don't know how a foreign female with a MRS in her passport could present herself as single without having some false document...