Uri,
congrats for the annulment! At last! I was jumping with joy when I got mine so I imagined you and Sally must have been "really jumping" to the full too!
in case sally dont know what are the next steps for processing the registration of annulment decree , some here (or I )might be able to help.
again, welcome!
Thanks Francesca,
I have to say, I need a moment to recognize that we've achieved the next step. Waited for almost 2 years. Thats like something unexpected had happen...
Thansk for the offer too. If we need some assitance or have any questions you'll see for sure my question here somewhere
There are only 10 types of people in the world,
those who undertstand binary and those who don't.
Hi Uri,
I'm surprised if you gf's ex had not been around for so long that you didnt go for the quicker and much less expensive process of "Presumtive Death". My wife was also married when I met her and when she consulted an attorney about it, he advised her to go for this option instead of annulment. The whole procedure was over with just one court hearing although it took about 6 months to get to that stage. Then the decision was released after about 2 weeks and then the finality after another 21 days. The legal document that is issued is not a death certificate, its just a court decision for Presumtive Death for the Purposes of Subsequent Re-marriage. The only thing wrong with this arrangement is that if the husband re-appears after your married, then your subsequent marriage is null and void because she is still married to him so you have to get married and get her a visa as quick as possible, just in case. Only in the Philippines..........
In this one, you have a important risk: if the husband reappear, the new marriage can be annulled...Originally Posted by IainBusby
Read this:
A person whose spouse has been absent for four (4) consecutive years may remarry provided that prior to the subsequent marriage and WITHOUT PREJUDICE to the reappearance of the first (absent) spouse, the present spouse obtains a judicial declaration of presumptive death of the absent spouse through a summary proceeding in court.
Before a declaration of presumptive death of the absent spouse can be obtained, it must be shown that the spouse had been absent for four (4) consecutive years and the present spouse has a well-founded belief that the absent spouse is dead.
The four (4) year period can be shortened to two (2) years in case of disappearance where there is danger of death, i.e., absent spouse was onboard a vessel and the same was lost during a sea voyage and he has not been heard of for 2 years since the loss; when the absent spouse was on an airplane which was missing and unheard of for 2 years since the loss of the plane; when the absent spouse was in the armed forces and has taken part in war and missing for 2 years; and when the absent spouse has been in danger of death under other circumstances.
It must be remembered, however, that it is only a declaration of presumptive death and, therefore, if the absent spouse reappears, automatic termation of the subsequent marriage can be obtained by the recording of an affidavit of reappearance of the absent spouse in the civil registry.
Although a petition for declaration of presumptive death of an absentee spouse is just a summary proceeding and faster compared to petitions for declaration of nullity of marriage and annulment, the former is risky because an absent spouse who reappears can easily terminate the subsequent marriage by executing an affidavit of reappearance and recording it in the civil registry. Furthermore, any interested party (parents, children) may file the said affidavit of reappearance.
Best regards.
Yves
Yes Yves we both realised that was the situation, but the husband in our case has been gone for more than 6 years and even if he wanted to, which is very unlikely, he probably wouldn't be able to find out where she is now as she has since moved far away from where they lived together and has no freinds or contacts in that area. Anyway, hopefully she'll get a visa soon and then she'll be here with me in the UK.
Iain.
I prefer the truth and clean way of having an annulment. I can be sure, no husband will be "ressurected" and claim me back.
Sometimes ex husbands do the hiding VOLUNTARILY due to their mistress .or he is abroad, with fake identities.
Despite all the waiting of Uri, its serves best. Sally is free to remarry for the rest of her life with out another "goonie husband " to blackmail her in the future if she choose that law of presumptive death.
That law for me is: Silly.
It's just that we were told that annulment could take up to 3 years and even after several hearings, when the whole procedure was completely exhausted, the paperwork would probably just sit on some judges desk until a suitable bribe was offered (through your attorney of course) to the clerk of court who would take his cut and then pass the rest on to the judge.
Then miraculously everthing would be finalised, but only if the bribe was big enough that is. We would have much preferred the certainty of an annulment as an outcome, but the total uncertainty of it happening anytime within the foreseeable future, or maybe not even within my lifetime, made us choose the other option, as risky as it may be.
Wasn't an option as everyone knows he is alive. What I tried to say is, that he is not in the neighbourhood, not around und don't care about her and the kids... So we filed for psychological incapacity.
Yes, it is exhausting and I can't count the number of hearings for she have to attend. I hope the paperwork will be done faster (but doubt will not)
There are only 10 types of people in the world,
those who undertstand binary and those who don't.
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