procedure to file a anullment

gusto ko sanang i ask kung anong 1st step ang gagawin ko to anull of ipa void ang marriage ko, its almost 5 years na akong separated sa wife ko but we still have communication but not that frequent . . .
we have made a affidavit as a binding agreement for us to be separated and we notarized, is there any foul on it?
we have marriage contract but we don't have marriage license.
hope you can recommend me a attorney with a free or charge less than.

thanks,
bartu

is it stated on your marriage contract you don't have a marriage license? what reason?

Atty,
i have checked my marriage contract, it was stated there that i have marriage license, my license was dated 12/3/1999 but the wedding was happen 12/20/1999.
Atty. what would be the best thing to do, i want to void my marriage contract.
Please help . . .
Bartu

here are the grounds for annulment: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

you can also have your marital history analyzed by a lawyer to determine if there is a ground.

what is the diff. between marriage contract at license yong license ba yong galing sa NSO? am asking this coz i have a problem with my marriage too.

marriage license is what you apply for at city hall. marriage contract is what you signed during the ceremony.

oic, that is why the marriage license has a different date mas nauuna siya kay sa date ng ceremony talaga? Am confuse right now when i ask my husband kung napawalang bisa ba ang aming kasal sabi nya wala na daw yong bisa how come na wala akong natanggap na papers na nag file siya ng anullment sa amin. Possible ba yon na bura na record namin sa NSO?

begin with requesting a copy of your nso marriage cert. see if there's an annotation or remarks whether your marriage has been annulled.

attyLLL i just checked our record in NSO but but the remarks ay walang laman. So meaning hindi may bisa pa rin ba marriage namin?

yes, only when there are remarks can you consider your marriage to be annulled.

im just hoping na nagfile na ng annulment husband ko yon naman kasi sabi nya sa akin hindi ko lang alam kung kailan sya nag file i tried to talk to him but i find it very difficult even thru phone lang sumisigaw sya kasi palagi kaya di ako makapagsalita so i prefer sa txt lang pero when i asked him hindi siya nag reply. Ayoko din na ako mismo gagastos ng annulment namin gusto ko siya mismo. Atty how long does it take the annulment procedure and how much? wala din kaming anak so mas madali lang ba matapos?

the more important thing is whether there is indeed a ground to invalidate your marriage. see the grounds here:http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

gaano po katagal ang process ng annulment?

at least a year. much more if it is appealed.

http://www.pinoylawyer.org/t7952-annulment-denied

http://www.pinoylawyer.org/t7956-solicitor-general-motion-for-reconsideration

ok thanks. Atty may you please explain kung ano ibig sabihin nito? dahil 1year na kasi kami di nagkaayos ng asawa ko at di na rin nagkikita.

Grounds for Judicial Separation of Property

Art. 135. Any of the following shall be considered sufficient cause for judicial separation of property:

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable.

that is a ground for separation, not annulment. the marriage will still subsist.

How about my health condition? Last jan. 2011 i had my first heart attack my dr advised me na i need to undergo a surgery coz one of my valve needs to repair but hindi ako pumayag dahil aside from my heart desease i have a mild pulmonary hypertension so its useless if magpa opera ako. What do you think atty can my husband use this as a ground for annulment? Dahil ako din mismo gusto ko din ma annul talaga kasal namin kahit na hindi ako tatagal dito sa mundo. By the way atty if legal separation matagal ba ang process then if ever my mangyari sa akin may karapatan ba husband ko mag claim what i have own if mag legal separation kami?

sickness is not a basis for annulment. i recommend you have your marital docs and history by a lawyer to see if there is a valid ground for annulment

thanks atty. nalilito na rin ako dahil yong husband ko tnxt ko siya re our annulment sabi naman nya ako daw ang mag file. siya ang may gusto maghiwalay kami tapos ako gagastos nito.

atty what if kung ako nalang muna mag file ng legal separation how much will it costs and how long yong processing?

i recommend you have your marital docs and history by a lawyer to see if there is a valid ground for annulment. if you're left with nothing else than psycho incapacity, it will be harder and more expensive

atty.. kung meron marriage cert. pero walang marriage license valid po b ang kasa?

it is still possible if there is a valid reason why there is no marriage license

gud am atty. yong picture na may kasamang babae ang asawa ko valid po ba as evidence na may ibang babae siya at magiging ground for annulment ba?

imo, that is insufficient