Annulment of my husband past marriage?

Hi Atty,

I'm confused of what to do about this, basically my husband and I got married last June 2011 and I live in UK and he still in Philippines when we got married he didn't tell me that he was married before? they just don't see each other and they don't live together and they got married at Jan 2009 they split at Feb 2010. Does our marriage is license or not? If ever can we still a file for an annulment or not? can you please advice me what to do? And I'm planning to bring my husband here as well, do you think nothing will gonna affect about his paper or something? please can you advice me? Thank you..

Hi ladyvani14.

Your marriage with your husband is not binding in the eyes of the law because it is bigamous. So long as his first marriage has not yet been judicially declared annulled or void ab initio, he cannot validly marry another person. However, if he decides to annul or have his first marriage declared void, and his petition is granted, it will not automatically make your marriage valid.

For more free legal information about the matter, you may visit www.domingo-law.com

Hi Attyjoyce,

Thanks for the reply, how he going to annul it or declared to void it? can he still do that even thought he married again with me? Can you please let me know what does he need to file an annul or declared void of his 1st marriage? If ever I bring my husband abroad does his papers will affect or something? Thank po ng madami..

ladyvani14,

He needs to find a lawyer who will help him file for the annulment of his marriage with the first wife. If there is no ground for annulment, he may file for a declaration of nullity of marriage based on psychological incapacity (if either or both of them are psychologically incapacitated to carry out the essential marital obligations).

Annulment of marriage may take time, so it has to be done immediately if you want to petition him abroad. You won't be able to do that if his first marriage still subsists.

Hi Atty,

I have my daughter first before i got married, but when my daughter tern in to 6 years old i got separated with my husband, and now where already 15 years separated is there anyway that i can get my married null? I don't have money to pay for annulment, my x been in the jail for how many time's for a drugs issue.

Thanks


Arlen

To annul marriages it cost a lot of money and take long time process and procedures in the first place.

Is your husband a drug pusher or users?

Did he had an affair to other woman apart from you? Or did you had any affair to other man apart from him?

This will all come out in the court of law and they will then see then what grounds you can use.

Be aware that bringing this attention to the public can result of civil cases such as RA9262/adultery OR RA386/bigamy case if you or your husband after marriage was proven has a child with another person or married to another person. Then it becomes a public offense: You VS your husband and the Republic of the Philippines.

My advice hire a very good lawyer that are professional dealing in this type of case.

Arlen0214 wrote:Hi Atty,

I have my daughter first before i got married, but when my daughter tern in to 6 years old i got separated with my husband, and now where already 15 years separated is there anyway that i can get my married null? I don't have money to pay for annulment, my x been in the jail for how many time's for a drugs issue.

Thanks


Arlen

Sus! mahal kaya pa annul! kung wala ka na rin lang pira panu ka pa makapa annul? 15 years? kung drug addict pala matitigok din yun! piro di ka pwede pa annul kung ala ka pira! mahal kaya lawyer sa ganyang kasu.

Ga english ka pa gani anu ba yan? di ba nagadugo ang ilong mo?


Gantu yan gani!

I had a daughter before I got married, but when my daughter turned 6 years old, I separated with my husband, and now we're already 15 years separated, is there's a way I can have my married annulled? I don't have money to pay for annulment, my ex has been jailed several times for drug issues.

Arlen0214 wrote:Hi Atty,

I have my daughter first before i got married, but when my daughter tern in to 6 years old i got separated with my husband, and now where already 15 years separated is there anyway that i can get my married null? I don't have money to pay for annulment, my x been in the jail for how many time's for a drugs issue.

Thanks


Arlen

lol! AWV are you a moderator now?
Now I can clearly understand what she is trying to say!
Too bad! No money?
Don't you have practitioner lawyer in your country?
You may be able to hire them affordably but it will be just for a practise not sure if they can win the petition for you! Why not try it? It could be worth it!

Does anyone know here, where can I hire a good lawyer who will definitely win our case for filling an annulment? And will not going to take the procedure for like longer?

This is depends how long you've been in UK. 
Are you a resident or already a citizen? 
obviously your husband hasn't been in UK. 
In my knowledge, when I was in UK last 2006 they do verify immigrants entering UK and they are even more strict this time.

With the new implemented law in the UK dependants applying for residency the immigration are very thorough! So if you wish to petition him, you are better off to process his annulment properly according to law to avoid any consequences as the UK immigration run the CRB (Criminal Record Bureau) before approving any applications. In your case, you recently got married so they will investigate where he has been within the last 5 years. 

ladyvani14 wrote:Hi Atty, 

I'm confused of what to do about this, basically my husband and I got married last June 2011 and I live in UK and he still in Philippines when we got married he didn't tell me that he was married before? they just don't see each other and they don't live together and they got married at Jan 2009 they split at Feb 2010. Does our marriage is license or not? If ever can we still a file for an annulment or not? can you please advice me what to do? And I'm planning to bring my husband here as well, do  you think nothing will gonna affect about his paper or something? please can you advice me? Thank you..

Hi mdventura,

Everything that told me is actually make sense.. Well I'm resident here and I will be citizen soon but before I become a citizen I want him to bring here 1st. But like what you said its going to be more strict but I think it depends? Because I know so many people, relatives and friend who brought there husband/wife here even family and all they did is the one that the immigration need especially prof that we're husband and wife. They don't care about his life before? But once you apply for a citizenship or residency they will check where were you for the last 5 years? Anyway I will find that and will ask you again.. And by the way where can I hire a good lawyer? I want the one who definitely can win our file and not asking for too much money. I really appreciate your reply, its really help me to think what do I have to do and all of that! thanks..

This means you are under "Indefinte Leave to Remain" ILR visa which means you have 1 year period to process your next step which is the citizenship. There's no enough time for you to process the annulment. Unless you delay your citizenship application because if you don't wait and get your passport done before petitioning your husband he will have to wait for another 2 years before he can get an "Indefinite Leave to Remain as being married to British, then he needs another 1 year for citizenship.

What do you mean they don't care about his life before? When details are given on an AN form they run a thorough check both you and your husband. this is not a matter of it depends. The immigration are very strict specifically with newly married couples. There are lots of fake marriages has been caught and denied. Think carefully before you start your application. The best lawyer you can find has to be the expert in this divorce/annulment cases, there is no where you can find them cheap if you want to surely win the case.
Ask our attorney here they have their own firm in your country therefore they can recommend you the best lawyer.
In UK don't be tempted to mention anything about your husband's status with any lawyers (in UK they are called 'solicitors' )

When you said;
"Because I know so many people, relatives and friend who brought there husband/wife here even family and all they did is the one that the immigration need especially prof that we're husband and wife. They don't care about his life before?"
Do you know for certain that their applications were granted?

And YES! they do ask for your address for the past five years to check you again on section 1 page 3 to 4.
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_an.pdf

Wish you luck on your processing!

ladyvani14 wrote:Hi mdventura,

Everything that told me is actually make sense.. Well I'm resident here and I will be citizen soon but before I become a citizen I want him to bring here 1st. But like what you said its going to be more strict but I think it depends? Because I know so many people, relatives and friend who brought there husband/wife here even family and all they did is the one that the immigration need especially prof that we're husband and wife. They don't care about his life before? But once you apply for a citizenship or residency they will check where were you for the last 5 years? Anyway I will find that and will ask you again.. And by the way where can I hire a good lawyer? I want the one who definitely can win our file and not asking for too much money. I really appreciate your reply, its really help me to think what do I have to do and all of that! thanks..

Hi mdventure,

Thanks for the info of everything... Would you mind if I ask you where are u from and are you a Filipino? So I really have to process's it before everything else? Alright and one more thing, but do you thing there's a chance that his previews marriage will annul? I think the woman doesn't mind anyway they just need a legal separation so both side can get married again. But does my husband need to say anything about it? or he can just say that there marriage life didn't work at all and his previews wife left him alone and after we met again and back together she wants to go back with him again but my husband doesn't want it anymore and now she doesn't mind! But do you think everything will be okay? Thanks for all the info and helping me mdventura!!!

Hi! I come from Thailand but I have lots of friends from Philippines and they do find this website very useful for their own problems. I used to live in UK before I moved to New York last 2006. You need to find yourself a good lawyer when it comes to annulment as this doesn't happen in the next couple of days. I am sorry I can't be a help to suggest you any lawyer but for sure the lawyer here can be a big help to you. Cheers!

ladyvani14 wrote:Hi mdventure,

Thanks for the info of everything... Would you mind if I ask you where are u from and are you a Filipino? So I really have to process's it before everything else? Alright and one more thing, but do you thing there's a chance that his previews marriage will annul? I think the woman doesn't mind anyway they just need a legal separation so both side can get married again. But does my husband need to say anything about it? or he can just say that there marriage life didn't work at all and his previews wife left him alone and after we met again and back together she wants to go back with him again but my husband doesn't want it anymore and now she doesn't mind! But do you think everything will be okay? Thanks for all the info and helping me mdventura!!!

Hi mdventure,

Thanks for that! Everything that you told me was true, so my husband and I will fix his annulment 1st on his 1st marriage. But for how long do you thing it will take if we file it end of this year? do you think that will be done next year? because I want all of this to be than asap if its possible? I will try to contact some of my friends back home and look for a good lawyer for me, and you're right that I really need a good lawyer for this case. And by the way do you think there's nothing gonna have a problem if we ask his ex-wife to sign everything that need to be sign if everything's done because I think she let go of my husband long time ago ans she accepted everything now all we want is an annulment so we can live our life alone peacefully and happily and I think she want the same as we anyway? don't u think? Thanks for all the help and info, its really helpful.

Well if the first wife is willing it should be great, all she needs to do is don't attend the hearings and schedule it ASAP as well hopefully it will go smoothly and quicker! Wish you luck on your processing.

ladyvani14 wrote:Hi mdventure,

Thanks for that! Everything that you told me was true, so my husband and I will fix his annulment 1st on his 1st marriage. But for how long do you thing it will take if we file it end of this year? do you think that will be done next year? because I want all of this to be than asap if its possible? I will try to contact some of my friends back home and look for a good lawyer for me, and you're right that I really need a good lawyer for this case. And by the way do you think there's nothing gonna have a problem if we ask his ex-wife to sign everything that need to be sign if everything's done because I think she let go of my husband long time ago ans she accepted everything now all we want is an annulment so we can live our life alone peacefully and happily and I think she want the same as we anyway? don't u think? Thanks for all the help and info, its really helpful.

Uhm doesn't she really need to be there all the time? and where we can file the case thought? Can we file where does my husband live now or in the place that there was living before? And where are we going to file that? Is she really have to be there? like all the time? or just in the hearing? Yeah hopefully everything will be okay, pray for us please. And thanks for all the info and help. And also for being nice! Thanks so much again...