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Sunday, March 1, 2009

Annulment and Legal Separation in the Philippines

To all my readers and followers, I know you are aware of my current situation. I am not ashamed of having a failed marriage because I know I am NOT ALONE in this world. Agree??!! I made some researches that might help US settle this kind of problem. If the men don't have the balls to file for annulment, I guess, lets do it and be free :))

Below are just basic questions and answers about annulment and legal separation. For me, it answers my long and overdue resentments. Take a moment to read, it might help you as well!!!

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child” shall include a child by nature or by adoption.

What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?

This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:

1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry.

I am loving the last sentences :))Oh, but I still have to find my Mr. Right . If not Mr. Right atleast someone better or best :D



DJtammy

8 comments:

Shimumsy said...

you go girl!

djtammy said...

Mumsy, ay naku! go go go na talaga ito...

Mel said...

No woman deserves to be mistreated.In the Philippines when women take a stand, old folks think we are crazy. Oh well, not me...Let them think what they like because in the end nobody will dare help us but ourselves. I had my annulment 3 years ago. I waited for a year before it was finalized. I pray for yours to go smoothly and quickly.
Good luck.
Mel

djtammy said...

Hi Mel :-) thanks for the insight. Do you think it will run 1 year if i declared presumption of death?

I can file presumption of death but if someone complain. I will file the annulment under abandonment.

Pretty sure he will just sign :)) he has 2 kids already

Lollii-Pii said...

Asus. dapat to kay mama.
haha.
I'll take note of this. Perhaps, I can use this in the future. MOm totally is in need of this. I just hope they'll annul their marriage soon. i'm looking forward to it. LOL. can't consider that as a benediction. I love the post and will visit for more.

djtammy said...

Lollii, this is very useful to her for sure. I am planning to visit your mom this week and talk to the lawyer also.

I am glad that ur moms boss is the brother of my friend. He can be a great help to me.

Mel said...

Tamz,
Try to find a good lawyer who can give you exact dates not just promises. My lawyer promised to that it would be fast but it wasn't. It was a grrr. Anyway if your husband lives in another country chances are you can have presumption of death but if he still lives there I don't think the lawyer will allow that. Abandonment or polygamy might be an option.
I believe annulments in Mindanao are done faster than in Cebu because my friend from Pagadian had her annulment in a month's time.
I am glad you seem to have emotionally movedon with your life. Go for it!;-)

djtammy said...

Ate Mel, The asshole is just here in the Philippines. But pretty sure, soon he will fly to Canada na :)) Both parents are in Canada ksi. Doctor and Nurse :))

I don't know exactly where they are ... i was thinking of the presumption of death, abandonment and polygamy :)) bahala na lawyer. Anyway, i still have to consult this to a family friend na lawyer.

Thanks Ate Mel