Quote Originally Posted by BrummieBoy View Post
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