Annullment

Hi - I was married with 3 kids, we're now separated(not legally) for almost a year, i can no longer stand her being jealous all the time, currently I'm supporting my kids and providing them Php16K/month, my first born is going in a private school, still she's demanding for further support and saying that what I'm providing is not enough, I'm felling like I'm being harassed whenever she's bringin up the idea of insufficient support to my kids, she's even mentioning about filing a legal case to hold me from going out of Philippines and that my SSS, PAG-IBIG, and other information about me is being watched.

I'm currently on a relationship, just want to know about child support, custody, and what grounds of annullment can i file.

Thanks,
Ethan

check whether
1. legal age at the time of marriage (18 above)
2. consented marriage-no intimidation
3. there is a marriage ceremony
4. there is a valid license
5. the solemnizing officer had the authority

if the answer is no either any number-you have a ground
if yes, check whether the marriage is bigamous
last ditch-psychological incapacity-failure to comply with essential marital obligation

Thanks for your response, marriage is legal and is not bigamous.

Can i file something about the harassment i'm experiencing from her about the child support? can she actually have my SSS, and other personal information be watched? and hold me off from going abroad?

Sir, would be appreciated if you can refer us to a lawyer whom we can get in touch to and discuss these legal matters with.

Thanks,
Ethan

nope, they aren't public records
it is unlikey but your could file a case for unjust vexation against her for harassing you
if she sues you for 9262, financial violence, yes she could asked for an HDO, but if you could prove that you are handing down support, the case will have no anchorage,. will be dismissed at the most

If I file an annullment for psychological incapacity, can she do a counter? since I'm currently in a relationship? does her signature be really required for the annullment be successful?

Hi Taleo.

Your wife may oppose the petition for declaration of nullity of marriage that that you plan on filing, and she may bring up the issue that you are currently in a relationship.

In filing an annulment case or a petition for declaration of nullity of marriage, there is no need for the consent of your wife, so there really is no need for her signature. She has the option to appear or not during the trial; so long as you can prove in court the psychological incapacity of both or either of you, then the case may prosper.

For more free legal information about annulment or declaration of nullity of marriage, please visit www.domingo-law.com

Thanks Joyce,

If the filing of the annullment has to be done, should it be within the municipality where the marriage took place?

No. Annulment has to be filed before the RTC of the province/city where you or your wife has been residing for at least six months.

Ok I think lawyers will take care of these details, as I'm reading several other topics here about the same, is 150k the benchmark of the cost and 1-2yrs of processing?

some of the testimonials I've read was like file the case, testify and not attend the hearings (letting the attorney work it out), would that be effective even the other party counter file other grounds or object about the annullment?

In my case I have to stay in communication with her for me to continue my support for my kids.

Thanks,
Ethan

and i think she'll most likely to contest just to keep me suffer from the burden of still being tied within our marriage, while of course I dont want to cut off my support to my kids...

Taleo wrote:and i think she'll most likely to contest just to keep me suffer from the burden of still being tied within our marriage, while of course I dont want to cut off my support to my kids...

Don't worry about her harassment. She cannot just simply step into SSS or Pag-ibig office and ask for your record. But be sure about your grounds for annulment, you don’t want to waste big amount of money for unclear thing.

ethan, be wary of any person who offers a package deal where you don't even have to appear in court, or file the case where you don't live because these are against the court rules.

any annulment which faces opposition from the other spouse or from the government has a long and arduous path ahead of it.

thanks for the advise, is there really a set amount/computation for child support? she's always pointing out that its 70% of my salary including all bonuses should be due for support, i guess she's got this idea from solicitation from her colleagues that somehow practice law. And what are the chances of gaining custody of my kids? she's currently unemployed, my eldest is 7yrs old.

Hi Ethan.

As to the amount/computation for child support, there really is no formula. The court will just take into consideration all your sources of income, then from that, the court will decide how much of it will go to your children. What the law mandates is that support "shall be in proportion to the resources or means of the giver and to the necessities of the recipient (Civil Code, Art. 201)."

As to custody of your children, the general rule is that the custody children below 7 years of age is granted to the mother EXCEPT when the court finds the mother unfit to take care of the children.

really? you know why? it's good to see your partner suffering if they wasted your time.

Taleo wrote:and i think she'll most likely to contest just to keep me suffer from the burden of still being tied within our marriage, while of course I dont want to cut off my support to my kids...

Of course she can do a counter especially if there's a proof and evidence that you are in a relationship similar to my case with my husband he is living with another filipina in Singapore. when the annulment is on going process. If she gathers evidence then it will take time and will cost a lot of money, especially if she fight you back in court.

Taleo wrote:If I file an annullment for psychological incapacity, can she do a counter? since I'm currently in a relationship? does her signature be really required for the annullment be successful?

czairinayepez wrote:Of course she can do a counter especially if there's a proof and evidence that you are in a relationship similar to my case with my husband he is living with another filipina in Singapore. when the annulment is on going process. If she gathers evidence then it will take time and will cost a lot of money, especially if she fight you back in court.

why counter? why do you want to waste your time and resources in a relationship that doesn't work anymore? assuming that the annulment was not granted, what's next? Will you still stay in a house with a person you don’t trust? your marriage is already a shattered glass, why keep it?

hi I am married with 3kids and currently living with my husband, I just want to ask if our marriage is null and void...I found out that prior to our marriage he was married already..i found out that his marriage of year 1996 and ours was year 2001...do i have to file an annulment if i wanted to our marriage to be null and void

it's because he wasted my life, time and opportunity too. his mother ruin our marriage. she wants his other woman just to be nasty to me. even if it doesn't work but he is still married even i don't want to live with him anymore he doesn't deserved to just get away with me and my children. he has no ground for annulment his mother just dont like me and he is mamas boy. she wants all his money and the new woman is giving her money too that is why she likes her.

concepab wrote:
why counter? why do you want to waste your time and resources in a relationship that doesn't work anymore? assuming that the annulment was not granted, what's next? Will you still stay in a house with a person you don’t trust? your marriage is already a shattered glass, why keep it?

czairinayepez wrote:it's because he wasted my life, time and opportunity too. his mother ruin our marriage. she wants his other woman just to be nasty to me. even if it doesn't work but he is still married even i don't want to live with him anymore he doesn't deserved to just get away with me and my children. he has no ground for annulment his mother just dont like me and he is mamas boy. she wants all his money and the new woman is giving her money too that is why she likes her.

then you will be wasting not only his time but also yours. because instead of moving on, you choose to live your life in a ruined relationship thinking that you can get your revenge in that way. also you are putting your kids in an difficult situation seeing their parents fighting every time they see each other.

apples28 wrote:hi I am married with 3kids and currently living with my husband, I just want to ask if our marriage is null and void...I found out that prior to our marriage he was married already..i found out that his marriage of year 1996 and ours was year 2001...do i have to file an annulment if i wanted to our marriage to be null and void

It is void from the start. But the court has to declare its nullity due to bigamous reason. you must file a petition for that.

It's okay as I only want to dedicate myself to my children.
At least he can give maintenance as I am still the legal wife. now that I have evidence lots of pictures of him and his live-in parter and her family. he is not likely to have his petition granted. he already spent a lot of money but he doesn't deserved to be free.

concepab wrote:
then you will be wasting not only his time but also yours. because instead of moving on, you choose to live your life in a ruined relationship thinking that you can get your revenge in that way. also you are putting your kids in an difficult situation seeing their parents fighting every time they see each other.

apples, yes, you need to have your marriage to be declared void by the court

apples28 wrote:hi I am married with 3kids and currently living with my husband, I just want to ask if our marriage is null and void...I found out that prior to our marriage he was married already..i found out that his marriage of year 1996 and ours was year 2001...do i have to file an annulment if i wanted to our marriage to be null and void

Hi apples.

Your marriage is considered void from the beginning for being bigamous. However, such marriage is valid until judicially declared void by a Philippine Court.

For more free legal information about declaration of nullity of marriage, please visit www.domingo-law.com