annulment or legal separation

Hi good afternoon,
My live in partner is an active AFP member , he got married last 2005 and have 3 children in Zamboanga City , he doubted that he was not the real father of the 3rd child.His wife and younger brother had a short relationship when he was away and assigned in Jolo, Sulu . iT was 2010 When he already know the relationship in between his wife and younger brother, he decided to move his wife and children in Davao City ( wife's homeplace) to stop the gossip inside the AFP camp in Zamboanga. at Davao City, she bear the questionable 3rd child. After giving birth, his wife had another relationship with a married man , their neighbor in davao.. She abandoned their children for two months and run away with her new married boyfriend.After two months, she came back and after a few days her parents decided to take her far away from her parents home and children since she caused scandalous acts in their place. it was 2013 when i met my Live in partner and had relationship with him..we have 2 kids now and their 3 children is in the custody of my live in partner. we are planning to file an annulment but infidelity is not a ground for annulment. What should we do? as we are planning to get married also...and i have an information that the wife is not open for our plan for their annulment and presently shes working in UAE ..My live in partner thought that maybe she wanted to get the benefits that she could get in AFP. Thank you for reading and seeking for your positive thoughts on this. God bless.

If he plans to file for an annulment, then he would have to hire a lawyer. His wife does not need to agree to the annulment or even participate in the hearing.

In fact, the wife is not supposed to agree to the annulment. Here in our country, the preservation of marriage is still favored by our laws. That is why if the court finds that there is collusion between the husband and wife to get their marriage annulled, that would be a ground for the dismissal of the case. https://www.alburovillanueva.com/annulment-nullity-marriage At any rate, infidelity is a ground of legal separation, and NOT annulment. Legal separation would not cut the marital ties, and thus, your partner will still not be free to marry you. Try getting the marriage be declared void by reason of the wife's psychological incapacity. That ground has a lower success rate, and much harder to prove, but I believe that is the only ground available to your partner in his situation.

I recommend you wait for the divorce law to be passed.

Hello po. Need po ng advice and help. Kinasal po ako pero naglast ng 1 week lng. Sumama po sya sa tomboy.bumalik sya para kunin yung mga gamit niya at sinabi niya sa akin na nagpakasal lang sya sa akin para magkaroon sya ng ibang apelyido para maka abroad ulit sya. Its been 12?13 yrs na wla po sya sa piling ko. Wala din po kami contact sa isat isa. Hindi ko po alam kung saang lupalop ng bansa sya naroon. Gusto ko pong maannulled ang kasal namin. Puede ko po bang ilagay na fraud ang basehan ng kasal namin para maannulled? Ano po ang gagawin ko at saan po puede magpatulong kasi mahirap lang po ako.salamat po

if you were going to cite homosexuality, you have to prove that it was concealed before the marriage, and you have 5 years after you found out

What happen after 5 yrs and i didn't do anything? I dont have any evidence other than her teling me that she have a lesbian or she's with a lesbian before we got married.

then you cannot use that ground for annulment because the period to do so has already passed

I see. So what ground can i used?

Hello po. Ofw po s dubai ang asawa ko at ma kinakasama n po sya doon.2 years n po kming considered hiwalay since wala n sya pakialam samin ng anak ko at wala n rin ako pakialam s kanila. Hindi sya nagsusupport s anak nmin mag isang taon n rin po at ang mga magulang nya ay di parin tumitigil makialam dto s sariling bahay nmin kya gusto ko n rin sana sya hiwalayan ng legal at mapawalang bisa ang kasal nmin. Pwede po b ako magfile ng annulment khit nsa dubai sya? At uusad nmn po b ang kaso khit wla ang presence nya?

mhay, it's not clear if the case will prosper because there's no clear ground for annulment.