Application for annulment refused, help please

[Meela]

I am Filipino married in Manila to a Filipino.

We have been separated for over 9 year.

I have met a British man and want an annulment. My husband is living with another family and wants an annulment too.

I have had 3 lawyers all of whom have said they will arrange the annulment for me and who have charged a lot., but achieved nothing.

When my application was refused we appealed, to the Office of Solicitor General. They said there were insufficient grounds.

My lawyer has suggested that if I can go to UK or Spain, where I have a cousin, and become resident there for a year or so then I could get a divorce there. I know that is possible. My lawyer says that would be legally accepted in Philippines.

A friend has told me that unless it was my husband who divorced me, say in UK, then as far Philippines is concerned I would still be considered as married, so that if I returned I could be prosecuted, and that is whether or not I had got re-married in UK, as I intend to do.

Can any please advise me ?

!. How can I get my appealed repealed and approved ?

2. If I divorce my husband in say UK, can I remarry and return to Philippines without any fear of legal action ?

Thank you so much.

[raynaputi]

Unfortunately, even if you divorce your husband in the UK (or anywhere else you can) it will still not be recognised by the Philippines, unless you are already a British citizen or have any other nationality (meaning you are not a Filipino anymore and holding a foreign passport) when you file it. Your only way is to be annulled I'm afraid. Philippines will not recognise a divorce filed by a Filipino citizen, only by foreigners.

Although if you are serious with your current British bf, maybe you can apply for an unmarried partner visa to go to UK. BUT, that category would require you to have been living with your British bf (in the Philippines or any other part of the world other than UK) for I think a few years before you can apply.

With regards to your appeal for annulment, maybe others can help you with that.

[grahamw48]

I think you need to have lived with your Brit b/f continuously for 2 years...with proof., for unmarried partner visa.

[Arthur Little]

Hello, Meela ... I feel for you, I really do!

Having been widowed for many years prior to marrying my present Filipino wife, I've no experience of divorce proceedings ANYWHERE ... but remember the officiating judge who conducted our wedding ceremony pointing out the fact that the Philippines is one of very few nations where divorce isn't recognised.

Seems extraordinarily in these modern times, that *annulment should be the only option available to couples whose marriages irretrievably break down and I find it especially unbelievable that a couple who've been separated for as long as you and your husband are being denied even *that alternative. Clearly, the lawyers handling cases like yours are the ones who stand to gain the most from such crass arrangements ... and this annoys me intensely.

Alas - for the reason stated in my second paragraph above - I am unable to offer a constructive solution to your predicament.

However, if it's any consolation, I can assure you of a warm to our friendly filipino/uk community.

[Rosie1958]

Welcome to the forum, Meela. I'm so sorry to learn of your predicament and I sincerely hope that you find a solution soon

[Meela]

Having discussed this with my friend who has posted here for a long time, I should have added that, in the Regional Trial Court it was granted. But after 15 days we received a notice from the Office of the Solicitor General, which said that the grounds for granting the annulment were not enough.

My friend has sent me this email. Any comments please?

This is the law of the Catholic Church.

I am sure that in the courts this too will be sufficient grounds.

If you did not consent freely, i.e. you were pressurised by either others, or fear of others, even what they would think, then you did not consent.

If the priest had known that he would not have married you, as consent must be present.


From: http://en.wikipedia.org/wiki/Annulment


The Church holds the exchange of consent between the spouses to be the indispensable element that "makes the marriage".

The consent consists in a "human act by which the partners mutually give themselves to each other": "I take you to be my wife" - "I take you to be my husband." This consent that binds the spouses to each other finds its fulfillment in the two "becoming one flesh".

If consent is lacking, there is no marriage. The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear. No human power can substitute for this consent. If this freedom is lacking the marriage is invalid.

For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.

In this case, the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. - Catechism of the Catholic Church, 1626-1629

[jonnijon]

Mental incapacity on behalf of the husband is the only sure way to go.

[johncar54]

It was me who sent Meela the info re church annulment.

She was 20 when she marred, and pregnant. Her family arranged the marriage and she went along with it, believing she had no option but to accept their view. Thus she was not exercising a free choice to marry. As I see it, that means the marriage was invalid. Had she told the priest what she really wanted he would not have performed the ceremony.
Quote " The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear"


Her husband was 18 and, although I do not know, I gather that he too was not acting as he wanted.

I understand that it's possible to ask for annulment in the court (i.e. divorce in reality) even though having been refused previously, if one has different grounds.

I know any advice, especially from personal experience, would be most helpful for Meela.

[sars_notd_virus]

I am Filipino married in Manila to a Filipino.

We have been separated for over 9 years.



I have had 3 lawyers all of whom have said they will arrange the annulment for me and who have charged a lot., but achieved nothing.

When my application was refused we appealed, to the Office of Solicitor General. They said there were insufficient grounds.

What are the Grounds your lawyers submitted for your Annulment? I am pretty sure that ''SEPARATION'' is not a valid Grounds for Annulment no matter how long you have been separated from your Filipino partner.

Please Read Article 45 of Family Code Philippines for better understanding on Grounds of Annulment:

http://www.bcphilippineslawyers.com/...e-philippines/

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

[sars_notd_virus]

I understand that it's possible to ask for annulment in the court even though having been refused previously, if one has different grounds.

It's like using a different excuse? Is that what you mean?

An Appeal should be fine given the right lawyers and the right grounds for annulment as it has reached The Office of the Solicitor General.

[johncar54]

It's like using a different excuse? Is that what you mean?



An Appeal should be fine given the right lawyers and the right grounds for annulment as it has reached The Office of the Solicitor General.

No, I meant different grounds, not an excuse a valid reason. Excuse might imply something other than the truth.

But back to the question of annulment i.e. in the church: Proving that the marriage was void ab initio (null and void from the start). Has anyone been down that road ?

[sars_notd_virus]

But back to the question of annulment i.e. in the church: Proving that the marriage was void ab initio (null and void from the start). Has anyone been down that road ?

Yes there are lots that have been down that road (I have read too many cases in the law firm I worked before in the Philippines)

If it is null and void from the start and one party knows about it...petition of annulment should be filed straight away !!

Why wait for years and live together as husband and wife knowing your marriage is obtained by force/fraud?

[sars_notd_virus]

Mental incapacity .

Psychological Incapacity?..Yes it is the most popular ground for annulment...if proven right in the court !!

[Meela]

Yes there are lots that have been down that road (I have read too many cases in the law firm I worked before in the Philippines)

If it is null and void from the start and one party knows about it...petition of annulment should be filed straight away !!

Why wait for years and live together as husband and wife knowing your marriage is obtained by force/fraud?

Sorry but I do not understand if you are referring to Annulment in the church, or the legal process through the courts.. I would like to know the experience of annulment by the church, including the cost in the Manila diocese, and the length of time it took.

[jonnijon]

Psychological Incapacity?..Yes it is the most popular ground for annulment...if proven right in the court !!

Worked for us

[sars_notd_virus]

Sorry but I do not understand if you are referring to Annulment in the church, or the legal process through the courts.. I would like to know the experience of annulment by the church, including the cost in the Manila diocese, and the length of time it took.

Sorry if you don't understand, that is why I gave you links to read and help you understand about Annulment in our country, The Philippines!!

Now, in reply to your post no.14:

You need to be legally annulled by the civil court before you can file a petition in a church tribunal for your church annulment.

The cost is, of course, twice as expensive, because you file two petitions - one for the Civil Court and, if granted, another for the church tribunal. It will take longer knowing the legal process in the Philippines.

If I may ask, why would you like a church annulment? Do you want to re-marry again in the Catholic Church with your British boyfriend?

[sars_notd_virus]

I would like to know the experience of annulment by the church, including the cost in the Manila diocese, and the length of time it took.

Btw, you might also be interested to read this:

Pope announces annulment reform

http://www.italianinsider.it/?q=node/2581

[Meela]

Sorry if you don't understand, that is why I gave you links to read and help you understand about Annulment in our country, The Philippines!!

A somewhat pretentious comment, tantamount to saying you think I do have the capacity to comprehended the law of annulment. Incredible.

However, your next post is of extreme interest. Thank you for drawing my attention to it.

[sars_notd_virus]

A somewhat pretentious comment, tantamount to saying you think I do have the capacity to comprehended the law of annulment. Incredible.

However, your next post is of extreme interest. Thank you for drawing my attention to it.

Your Welcome !!

[johncar54]

Sars QUOTE You need to be legally annulled by the civil court before you can file a petition in a church tribunal for your church annulment.

I have been thinking about that and I cannot understand the logic.

Just for simplicity, let imagine that the ‘priest’ was in fact an actor, but that was not discovered until after the ‘marriage’ had been registered with CFA. The couple would not have been married, so how could a court dissolve what never happened ?

In the case where a person was not married, i.e. annulment as defined by the church, any registration they made with DFA would have been in error, a mistake. Thus what would be required, is the correction of that error. If DFA had known the person was not married they would not have made any record.

If, as you say, one must get a so called annulment in the court first before going to the church for annulment, the situation is preposterous, as one would be asking for an annulment when there was no valid marriage as it was void ab inito (that is void from the start, it never happened).

[Terpe]

Those folks who successfully secure a court annulment are free to marry again but are not allowed to remarry in church.

For that case they would need to secure a separate Church Annulment.

Just my 2 centavos

[johncar54]

Those folks who successfully secure a court annulment are free to marry again but are not allowed to remarry in church.

For that case they would need to secure a separate Church Annulment.

Just my 2 centavos

That is because as far as the church is concerned, that would have been a divorce, not an annulment,
i.e. void from the beginning, just like any other divorce in every other country in the world, but called an annulment by the State in ROP to avoid the reality that the State permits couples, who have been legally married, to be re-married, but avoiding actually calling it divorce.

[pancake4s7]

Hi, to those who've experienced annulment or know a good reliable annulment attorney, please PM it to me as I want to start my annulment asap. Thank you very much.

[johncar54]

Hi, to those who've experienced annulment or know a good reliable annulment attorney, please PM it to me as I want to start my annulment asap. Thank you very much.

Did you see the quote by Sars ?

Pope announces annulment reform

http://www.italianinsider.it/?q=node/2581

He said annulment in the church, i.e. an actual annulment (there was no marriage) not a 'Filipino court divorce' that is, will now be free to all, and quicker than it was.

[sars_notd_virus]

Hi, to those who've experienced annulment or know a good reliable annulment attorney, please PM it to me as I want to start my annulment asap. Thank you very much.

Did you see the quote by Sars ?

Pope announces annulment reform

http://www.italianinsider.it/?q=node/2581

He said annulment in the church, i.e. an actual annulment (there was no marriage) not a 'Filipino court divorce' that is, will now be free to all, and quicker than it was.

Johncar,

Please do not mislead Pancake4s7 !!

The Article I posted is just an extra read for your friend ''MEELA''
It has nothing to do with ''Filipino Court Divorce'' ..there is no such thing as ''Filipino Court Divorce'' period!!

[sars_notd_virus]

Those folks who successfully secure a court annulment are free to marry again but are not allowed to remarry in church.

For that case they would need to secure a separate Church Annulment.

Just my 2 centavos

[johncar54]

Johncar,

Please do not mislead Pancake4s7 !!

The Article I posted is just an extra read for your friend ''MEELA''
It has nothing to do with ''Filipino Court Divorce'' ..there is no such thing as ''Filipino Court Divorce'' period!!

I was showing that the word 'annulment' has a different definition in the Dictionary, which most people in the world would agree with, to that uniquely understood by the Courts in Phil.

The dictionary definition is the same as the Church, and indeed UK law, which is :- there was no marriage because of a fault in the conditions. Simply: as would be the case if the priest was not a priest but an imposter who fooled everyone at the time but later the truth was discovered. There would have been no marriage, so void from the start (void ab initio) it never happened.

(http://www.oxforddictionaries.com/de.../english/annul)

The Court in ROP's definition coincides pretty much with probably what every court in all the rest of the world calls divorce. That is, there was a valid marriage but for subsequent reasons it is dissolved.

If I am wrong I should be most grateful if you would explain how an 'annulmen't in the court in Phil differs from say a divorce in UK, and how it has any connection with an annulment, as defined in any dictionary, by the Church, and by the law in say UK.

http://en.wikipedia.org/wiki/Annulment

Annulment is a legal procedure for declaring a marriage null and void.

[1] Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.....................

Divorce (or the dissolution of marriage) is the termination of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state.


AND

Divorce should not be confused with annulment, which declares the marriage null and void; with legal separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).
.