Annulment Advice

[BrummieBoy]

It is always good to start in a clean sheet so my advice for Alou is to talk and have an arrangement(in black and white,meaning properly signed by both parties) with Alou's ex that he have the knowledge and no objection when the annulment case is filed...

Hello again Sars, Alou has already had a meeting with her husband and he refused the annulment and said that he would not allow his children to move abroad. Alou has been very, very careful not to let anyone know about our relationship, but, like you say, her husband will read between the lines and suspect there is another man involved, although he cannot prove anything.

I think he will not sign anything unless Alou finds someway to "force" him to do so.

If we cannot find anything to "push" her husband in the right direction, is the annulment still possible or are we just going to have counter-claim after counter-claim to drag this thing out?

[sars_notd_virus]

Hello again Sars, Alou has already had a meeting with her husband and he refused the annulment and said that he would not allow his children to move abroad. Alou has been very, very careful not to let anyone know about our relationship, but, like you say, her husband will read between the lines and suspect there is another man involved, although he cannot prove anything.

I think he will not sign anything unless Alou finds someway to "force" him to do so.

If we cannot find anything to "push" her husband in the right direction, is the annulment still possible or are we just going to have counter-claim after counter-claim to drag this thing out?

If this is the case,i will suggest that Alou files the Annulment case straight away with the grounds of Pyschological Incapacity

http://www.scribd.com/doc/35170102/C...cal-Incapacity

RULING:
Psychological incapacity must be characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. The incapacity must be grave or serious such that
the party would be incapable of carrying out the ordinary duties required in
marriage; it must be rooted in the history of the party antedating the marriage,
although the overt manifestations may emerge only after the marriage; and it must
be incurable or, even if it were otherwise, the cure would be beyond the means of
the party involved.

The use of the phrase “psychological incapacity” under Article 36 of the Code has
not been meant to comprehend all such possible cases of psychoses as, likewise
mentioned by some ecclesiastical authorities, extremely low intelligence,
immaturity and like circumstances. Article 36 of the Family Code cannot be
construed independently of but must stand in conjunction with existing precepts in
our law on marriage. Thus, correlated, psychological incapacity should refer to no
less than a mental (not physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that concomitantly must be assumed and
discharged by the parties to the marriage which, as so expressed by Article 68 of
the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There is hardly any doubt that the
intendment of the law has been to confine the meaning of psychological incapacity
to the most serious cases of personality disorders clearly demonstrative of an utter
insensitivity or inability to give meaning and significance to the marriage. This
psychological condition must exist at the time the marriage is celebrated. The law
does not evidently envision, upon the other hand, an inability of the spouse to have
sexual relations with the other. This conclusion is implicit under Article 54 of the
Family Code, which considers children conceived prior to the judicial declaration of
nullity of the void marriage to be “legitimate.”
The well-considered opinions of psychiatrists, psychologists, and persons with expertise in psychological disciplines might be helpful or even desirable.


Wish you and Alou best of luck and hope u win the case

[BrummieBoy]

If this is the case,i will suggest that Alou files the Annulment case straight away with the grounds of Pyschological Incapacity
RULING:

Wish you and Alou best of luck and hope u win the case

Thanks again Sars

I knew from previous posts on annulment that Pyschological Incapacity would be Alou's only option for an annulment. I think I know of a very good reason she could use, but it may be very hard for Alou as it is a sensative subject.

Alou's father died three months before her wedding while helping some contractors who were fixing up the house Alou and her husband to be would be living in. Alou has told me that on most of her wedding pictures she was crying because she was still grieving for her father. But this is very personal to Alou and I do not want to bring back bad memories by suggesting that this could be a good reason to prove she was not in the right state of mind to get married.

It is a hard subject to talk about incase she feels like I am using her fathers death to my advantage.

Do you think it is worth mentioning to Alou, or shall I wait and hope that either she thinks of it herself, or her lawyer/solicitor come up with a different plan?

[sars_notd_virus]

Thanks again Sars

I knew from previous posts on annulment that Pyschological Incapacity would be Alou's only option for an annulment. I think I know of a very good reason she could use, but it may be very hard for Alou as it is a sensative subject.

Alou's father died three months before her wedding while helping some contractors who were fixing up the house Alou and her husband to be would be living in. Alou has told me that on most of her wedding pictures she was crying because she was still grieving for her father. But this is very personal to Alou and I do not want to bring back bad memories by suggesting that this could be a good reason to prove she was not in the right state of mind to get married.

It is a hard subject to talk about incase she feels like I am using her fathers death to my advantage.

Do you think it is worth mentioning to Alou, or shall I wait and hope that either she thinks of it herself, or her lawyer/solicitor come up with a different plan?

Your welcome Dave
Just give Alou the moral,emotional.financial support she needs while the case is on going
and dont forget to update us here

[BrummieBoy]

I have just had an update from Alou after she had seen her lawyer yesterday.

She has been offered two options.

1). Normal annulment and custody of her children - she has been told that this will take 18 months and will cost her 275,000 pesos.
2). Declaring that her husband is dead and therefore becoming a widow - she has been told this will take 2 months and cost her 70,000 pesos.

Obviously she wants to take the far shorter and cheaper option and she says that her lawyer has told her that this is simple to do and Alou will not have any problems.

My burning question to you all is "if this is a faster and cheaper way, why do most people go for an annulment"?

In my mind I would have thought that the Fili officials must need some sort of official proof that her husband is dead, surely they would not just take Alou's and her lawyers word for it would they?

I have also asked what if we get married and we move to the UK, what would happen if her husband complained afterwards, I assume the marriage would be null and void.

I have posed these questions to her but she keeps replying that her lawyer says it will be ok.

I do not think her lawyer is trying to con Alou as she is a friend of Alou's sister but there must be a catch here somewhere....

As usual your help and advice would be gratefully received

[baby38]

To be honest no2 dont sound right to me,he still alive he see the kids twice a year,mind you anything possible in the Phills,if someone can get a new identity at a cost,even if they married to someone else who knows.I have a American friend who lived in the Phills with his g/f for 3 years he been trying to get annulment has not even got to court yet he was quoted 100,000 peso its up to 300,000 so far, I bet if he knew about option 2 he would had gone for it,his g/f was considering changing to Muslim at cost of $5000 USA, properly another rip off , am certain option 2 dont sound right but who knows.

[sars_notd_virus]

I have just had an update from Alou after she had seen her lawyer yesterday.

She has been offered two options.

1). Normal annulment and custody of her children - she has been told that this will take 18 months and will cost her 275,000 pesos.
2). Declaring that her husband is dead and therefore becoming a widow - she has been told this will take 2 months and cost her 70,000 pesos.

Hello again Dave

Sorry but i find the quote above strange!
Usually in every transaction u get a quick result and pay a high amount. but the quotation that the lawyer gave is a complete opposite.
I hope Alou can get a 2nd opinion from another lawyer as she can get the normal annulment and custody of children with the same amount 275,000 in a quick span of time.


Goodluck again

[rani]

Hello again Dave

Sorry but i find the quote above strange!
Usually in every transaction u get a quick result and pay a high amount. but the quotation that the lawyer gave is a complete opposite.
I hope Alou can get a 2nd opinion from another lawyer as she can get the normal annulment and custody of children with the same amount 275,000 in a quick span of time.


Goodluck again

mine was 250k... waited one year for the result
i appeared only once in court
have i ripped off???? that was 5 years ago

[sars_notd_virus]

In my mind I would have thought that the Fili officials must need some sort of official proof that her husband is dead, surely they would not just take Alou's and her lawyers word for it would they?

I have also asked what if we get married and we move to the UK, what would happen if her husband complained afterwards, I assume the marriage would be null and void.

Assuming that the judge approved and annulment is done with the 2nd option,,...where can Alou get an authenticated death cert of husband?
*Alou will be needing this d.cert before she marry again
*Death cert shld also be attached in her annulment papers when she applied for spouse visa.

[ghee101]

Hello again Sars, Alou has already had a meeting with her husband and he refused the annulment and said that he would not allow his children to move abroad. Alou has been very, very careful not to let anyone know about our relationship, but, like you say, her husband will read between the lines and suspect there is another man involved, although he cannot prove anything.

I think he will not sign anything unless Alou finds someway to "force" him to do so.

If we cannot find anything to "push" her husband in the right direction, is the annulment still possible or are we just going to have counter-claim after counter-claim to drag this thing out?

annulment doesnt need the consent of the other party. if he's got another family, use that for grounds. fred is right, get proof and hold it against him.