Keith - Administrator
Thanks, very useful links!
This whole annulment matter is a real pain
a pain and very expensive indeed
thank you very much! very insightful articles indeed!
I guess from time to time many of us have known someone who talks about the possibility of getting an annulment.
I have searched the internet but I have not seen anywhere if it is possible to do so without employing a lawyer.
In my professional experience in UK (probably much the same everywhere) lawyers come in all varieties, unfortunately most are on the expensive side, many are less than good and quite a high percentage are 'useless.' (Apologises to any lawyers present, but I am sure you get my drift!).
Does any have first hand experience of 'doing it yourself' ?
Originally Posted by johncar54
''Don't be serious..Be Sincere''
I tried to send you a private message to ask what you had intended by re-posting my question, but found you cannot receive messages.
To anybody interested.
We used Jenny Pulido for my wifes annullment two years ago. The link to JPS law posted by win2win above. She is based in Manila and offered us a fixed price of 200,000 pesos, paid in three stages as the annulment process progressed. Expensive yes! but all I can say is she is 100 percent trustworty and reliable. She answered my many many many emails promptly every single time, and kept us informed of the progress. Even giving my wife her own address and personal cellphone number. If anybody out there needs to do this and doesnt want the hassle of worrying about if they are being ripped off then I can personally recommend her.
Great feedback, thank you
If you want your dreams to come true ...... first you have to wake up
It's a national disgrace that a country which 'pretends' it does not allow divorce, punishes its citizens with the incredible cost to obtain a euphemistically called annulment, which is of course nothing of the sort. If it were then those who obtained it could get married in the church which of course they cannot. They should just pass legislation to overtly permit, divorced, which they do, with a simple, straightforward system which could be negotiated by individuals, without the need for legal representation and at a cost which reflected such a system.
Added later:-
So why does the present expensive and unfair, system exist and continue ?
In UK the largest group in Parliament are lawyers. If government passes any law which simplifies the way things are done it means that lawyers in general will earn (be able to charge) less. Thus in UK the quality of new laws appears to ensure that lawyer will not lose out. (An example which I knew very well was the 1968 Theft Act which was so full of holes, which meant for years, lawyers, on high fees, were fighting cases in court to establish the meaning of the law. That law could have been almost watertight if Parliament had had the citizens needs foremost in their minds).
I suspect that things in RP are not that much different from UK and that the legislators protect the money making practices, which ensure lawyers get paid excessive fees, are protected by legislation, whist the ordinary citizen gets screwed and his/her need are in the main ignored.
Last edited by johncar54; 6th December 2010 at 08:20. Reason: Additional comment
Hi Jenky
I would very much like to echo the comment from Steve.r
Thanks for making the effort to pass on your experience and recommendation.
I'm sure this help a lot of people
Sorry the link to the attorney we used (Jeanie Pulido) is www.philippinelegalservices.com
i had my annulment after 2 1/2 years...agreed for 150,000 within six mos...its a long process and a lot of patience needed.....
I've heard that they are trying to pass a bill in the philippine senate that will make it much easier for woman to obtain an annullment. Im just wondering will this ever come into law or will it be a case of the lawyers protecting their interests
Why 'easier for women' ?I've heard that they are trying to pass a bill in the philippine senate that will make it much easier for woman to obtain an annullment. Im just wondering will this ever come into law or will it be a case of the lawyers protecting their interests
And whilst they are changing the law, it's about time they called a divorce a divorce, instead of euphemistically a 'an annulment' !
In my experience on Annulment
Here is my computation
Lawyers fee: P150,000
Lawyers fee during per appearance: P5,000 x 2
Psychologist: P 30,000
Photocopy and other documentation: P30,000
Under the table payment for the Fiscal: P30,000
A total of P245,000
After 1 year of stress. I got my annulment.
They Finality of the Annulment plus the NSO marriage contract with an annotation on the side that states that marriage is null and void.
I really cannot imagine I can raise that amount. In this situation GOD is really there for me to guide me in my most difficult time.
Now my EX-husband he is beating up another woman. I am really glad its not me anymore being black and blue going to work is really painful. Now I am strong and wiser.
Now I am in full custody of my son, now 11 years old. He does not support us but its okay I can manage.
Good for you and well done in overcoming your difficulties
Thank you Terpe!
looking for a lawyer
Hi Im new here. I just want to ask if you could give me a name of a good lawyer that can process annulment. Im still in the Philippines and currently doing some consultancy work here in Mindanao. Hope you can help my friend in getting a good lawyer. Thank you this site is great!
Occasionally there are posts relating to a girlfriend or boyfriend in the Philippines who is already married. With the Philippines being a Catholic country where many laws are based on Catholism, it is unsurprising to discover that it is illegal to obtain a divorce in the Philippines. There is the possibility to obtain an Annulment if it is proven that one of the parties in the marriage was psychologically incapacitated in complying with the obligations of marriage.
Annulment of a Civil Marriage
If the previous marriage was a civil wedding, then the annulment will be wholly completed through the court, but can be fraught with difficulties, delays and large costs (150,000 php is normal). The procedure takes between 12 and 24 months, but can be expedited in some circumstances, although this may involve additional costs.
Annulment of a Catholic Marriage
Once an annulment has been obtained through the courts, then an application will be made through the archdiocese for an annulment of the catholic marriage allowing you to be free to marry in a church. This is notoriously difficult to obtain.
Adultery in the Philippines
Carnal relation between a married person and a third party is a serious offense in the Philippines and can result in prison time for those involved. A quick search on google of ‘David Scott and Cynthia Delfino’ will show you how serious this is taken in the Philippines. It shouldn’t be taken lightly.
http://jlp-law.com/blog/a-brief-disc...ry-and-bigamy/
Annulment Procedure
An annulment must be filed in the Family Court, and generally that court is the one where the petitioner has previously resided for at least 6 months. Occasionally it is worthwhile filing the petition at a more favourable court, but if the respondent (spouse) wants to be difficult, he may apply for it to brought back to his local court.
For an annulment to occur a petition under Article 36 of Family Code shall specially allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.
Some information on the annulment can be found here:
http://www.familymatters.org.ph/Proc...0Annulment.htm
The main hearings will be the following:
- File Petition
- Summons
- Answer
- Investigation Report of Public Prosecutor
- Pre-Trial
- Trial
- Memoranda
- Decision
- Appeal
- Issue of decree
There can be seperate hearings for the witnesses (pyschologists), and the trial and pre-trial can be split into seperate hearings depending on time restrictions. It's also quite normal for hearings to be cancelled or delayed at short notice. Even worse if your lawyer or psychologists are unreliable then they could fail to attend or be late causing you to have to reschedule.
If the respondent does not respond this can delay things considerably, as efforts will need to be made from the court to locate him and provide a summons, who then report back to the court, who then give 15 days to respond. This same process will be repeated again if he fails to attend the pre-trial.
Overseas Petitions
The petition must be signed personally by the petitioner. No petition may be filed solely by counsel or through an attorney-in-fact.
If the petitioner is in a foreign country, the verification and certification against forum shopping shall be authenticated by the duly authorized officer of the Philippine embassy or legation, consul general, consul or vice-consul or consular agent in said country.
that"s over £3700
Hi, skinicuk!
so happy for you. i got my annulment decision last month. i am now in the process of getting the finality and so on, i am just realising it is not yet done pa pala... may i ask, how long it took for you after your annulment decision was given until you got your NSO marriage contract with annotation? thank you in advance
Once the Decision is out it wouldnt take long for the court to issue Finality judgement for the Annulment case ...what you need to worry is the Solicitor General, if they appeal to the Court of Appeals then the annulment procedures will go on again.
''Don't be serious..Be Sincere''
oh no...no more i pray! will continue praying. my ex is not interested and wants nothing to do with me. why would a solicitor general want to pursue an annulment case that has already been decided null and void by the court? my ex lived with another woman and they have a son already, i believe the boy, their son is now 9 yrs or older...
For those of you who doesnt know , there is a proposed RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES..I've seen that Rickyr posted a link for it (no.20) but I'll repost it again for the benefit of those who want to read and understand.
http://sc.judiciary.gov.ph/rulesofco.../annulment.htm
''Don't be serious..Be Sincere''
It is a good news not just for women.
http://www.bbc.co.uk/news/world-asia-pacific-12217090
The bill would make violence, infidelity and abandonment all grounds for annulment.
...at the moment the most popular ground for annulment is psychological incapacity (Article 36/familycode), which is so difficult to prove.
''Don't be serious..Be Sincere''
Sars
The bill would make violence, infidelity and abandonment all grounds for annulment.
Or as the rest of the world calls it 'DIVORCE'
yes johncar, it is sad
Philippines now only nation in the world without divorce;Malta gives in.
http://www.gmanetwork.com/news/story...malta-gives-in
''Don't be serious..Be Sincere''
Every nation in the world has divorce laws except the Philippines (though Muslims have the right to divorce) and the Vatican City. In these two countries, laws only allow annulment of marriages.
Annulment is a legal procedure for declaring a marriage null and void. That is:- that because of an impediment no marriage ever took place. (examples: the priest was a fake, or one of the parties was already married, or was under age, or was forced to marry).
What you have in the Philippines, in almost every case, is divorce but by another name.
thank you all for posting the links...
i have a qustion though... i read about "publication" after the decision leading up to the finality..
does it mean i will have to have the decision published as in, a news paper? my lawyer did not mention "publication" to me.
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