annulment page 8 - Philippines forum

annulment

maChel Active member

25POSTS

10 years ago

In this article correct me if im wrong pls...
It stated that if my ex filed there somewhere out of the country for a divorce will be accepted?! Isnt he aswell filed an annulment since we got married here?!

Secondly...i hope youll help me some ideas on this problem...
My ex opposed and stating he isnt the father of my child and take note...when i delivered our child he is the one registering the baby and signed that he is the legal father...and After two months of he directly goes to embassy registering our child be a citizen so he could get dual citizzenship in short to be a filipino citizen..
Wat is my thought is that he is just only using me to be able to get his residency....
And he doesnt care that he has child and denied...i.e i never asked a support either but in annulment atty told that it goes directly once we have a child....

My thought again is that...he isnt going to support coz in 4years he never gave us any peso after we got separated and it will cost him a lot as atty asked for 50k a months as this depends how much he is getting every month....

I agreed about his thought of DNA testing but till now he cannot do....

Can you tell me what and hows to do for this to finish?!

Im very tired if to be honest im not a rich filipina...just an ordinary trying my best just to dissolve my big mistake...

Thank you very much

Cynthiavilla Serial expat

291POSTS

10 years ago

#282

With due respect ABC Diamond, you are right about that provision in the Philippine Family Code, but there is still another process in the Philippines before the divorce can be recognized, the foreign divorce should be recognized here in the Philippines; this is necessary for the Filipina or Filipino divorced by their foreign spouse to amend their certificate of marriage in the NSO; and to get a Clearance to Marry; thought it will now be simpler; the Petition to be filed is Judicial Recognition of Foreign Divorce and not Petition for Annulment; you still need a lawyer to present this in court; regards

Cynthiavilla Serial expat

291POSTS

10 years ago

#283

Hi MaChel hope I can help; only Citizens of the Philippines can file annulment here in the Philippines; the Court has no jurisdiction/power over foreigners; he cannot get a dual citizenship by fathering a child from a Filipina this is not one of the requirements;

maChel Active member

25POSTS

10 years ago

#284

Thanks but he already got his permanent residency...issued by the immigration..I don't know it's getting so very complicated..but honestly got some info...Thank you
and if u聽 ud advice me more pls I need it...

Cynthiavilla Serial expat

291POSTS

10 years ago

#285

If you know his address, you can go to the Women's Desk PNP section to report your foreign husband for failing to give support to your child or to the Barangay where he resides; the court has jurisdiction over him because he lives here;

maChel Active member

25POSTS

10 years ago

#286

Can you please explain me more about ur reply earlier ago I need to gather聽 exact ways out of it. ..I need clear info so I cud talk to my atty about it properly
thank u ateh

Cynthiavilla Serial expat

291POSTS

10 years ago

#287

Just show my response to your lawyer; as to my understanding from your statements, your problem is support for your child; as to annulment your lawyer is right, the court will deal with the welfare of your child during the annulment proceedings;

maChel Active member

25POSTS

10 years ago

#288

Honestly I don't need support...
I only need annulment..but what atty tells me is that once I've filed a nullity of marriage and that u both having a child support automatically asked..
problem us that he is not going to support..and I've asked atty to find ways ..If he could drop support and to focus annulment as this is all I really needed..

Bout this divorce u are talking about
where shall I do it to be recognized ?!
shall I take it to embassy? !
Or where? !
I want my annulment to be done
I DONT聽 NEED ANY SUPPORT or anything from my ex.

Thank you again...Please

Cynthiavilla Serial expat

291POSTS

10 years ago

#289

Your lawyer can explain this better to you; there is no divorce in the Philippines; the speed of your annulment depends on the court where you filed;

professor cebu Serial expat

306POSTS

10 years ago

#290

you may file it yourself provided you have the proper grounds enumerated under the family code. it would also be easier if ur husband be the one to file in his country then you subsequently file the same in the philippines thereafter. in most cases, it is easier to first obtain divorce in other countries capacitation your alien husband to marry another woman then apply for marriage so you will also be capacitated to marry someone else as well.

maChel wrote:
but sadly i am the one who filed...
So it should be annulment as i am filipina....
Unless if my foreign husband filed he can filed divorce in the consulate embassy is ithat right ?!

maChel Active member

25POSTS

10 years ago

#291

Thank u professor cebu for a reply...
This ex husband is pain in the ***. ..He don't want to put any peso with regards to this..
since only he is the reason why we split up..

professor cebu Serial expat

306POSTS

10 years ago

#292

thanks for his stupidity that'll entitle u to ask for an alimony or ask 50/50 sharing of properties (assuming that there's no pre-nup agreement)

maChel wrote:
Thank u professor cebu for a reply...
This ex husband is pain in the ***. ..He don't want to put any peso with regards to this..
since only he is the reason why we split up..

maChel Active member

25POSTS

10 years ago

#293

Yeah its true...But I am not interested whatever property he may had聽 here in philippines though..whether before or after we live together. .He is supposedly must be lucky as I didnt want anything from him..apart from dissolution of our marriage..

professor cebu Serial expat

306POSTS

10 years ago

#294

that's very thing that foreigners like filipina... a filipina's love is one that is #forever if only we live an immortal life.

but anyhow, should you pursue your annulment , just send me a message... all the best for you maChel

cheers!!!

maChel wrote:
Yeah its true...But I am not interested whatever property he may had聽 here in philippines though..whether before or after we live together. .He is supposedly must be lucky as I didnt want anything from him..apart from dissolution of our marriage..

maChel Active member

25POSTS

10 years ago

#295

Yes true...as of now I will be waiting again this sept for or next set of hearing..
take not this is our 6th hearing...It's honestly tiring and money consuming..
I'm pretty sure before I am done with this I am in an empty pocket..LOL

professor cebu Serial expat

306POSTS

10 years ago

#296

well, the saying is true that getting your marriage annulled is as expensive as getting married... so to speak

maChel wrote:
Yes true...as of now I will be waiting again this sept for or next set of hearing..
take not this is our 6th hearing...It's honestly tiring and money consuming..
I'm pretty sure before I am done with this I am in an empty pocket..LOL

neeco8 New member

5POSTS

10 years ago

#297

Hi, im here in HK and would like to seek some advice regarding my situation.
last week i received a text from my x-wife(philippines) saying we need to get an annulment. she then ask for a 50% share.

her attorney is asking 250k all-in package for non-appearance due to me being oversees.
According to them i need not to attend those summons for which it will just make things more complicated.
They will file "psychological incapacity" to me and again no need to contest. we have 3 kids living with her.
it pains me because she is the one at fault for having an affair.
but now as it turns out,

- I will take all the blaim once i accept
- she has the kids
- asking for 125k (half) is no joke

so unfair...

please advice me what would be the best thing to do in this situation. tnx.

ABCDiamond Serial expat

873POSTS

10 years ago

#298

neeco8 wrote:
Hi, im here in HK and would like to seek some advice regarding my situation.
last week i received a text from my x-wife(philippines) saying we need to get an annulment. she then ask for a 50% share.

her attorney is asking 250k all-in package for non-appearance due to me being oversees.
According to them i need not to attend those summons for which it will just make things more complicated.
They will file "psychological incapacity" to me and again no need to contest. we have 3 kids living with her.
it pains me because she is the one at fault for having an affair.
but now as it turns out,

- I will take all the blaim once i accept
- she has the kids
- asking for 125k (half) is no joke

so unfair...

please advice me what would be the best thing to do in this situation. tnx.

From what I know of Philippines law on Annulment, you are lucky with only losing 50% when you have kids.

No idea about the bit on "fault" in this though.聽 That has no bearing on our divorces.

neeco8 New member

5POSTS

10 years ago

#299

if we got the annulment what would happen to my kids, BTW im providing the school needs of the two kids.
also about that psychological incapacy, is there a chance, they can file a restraining order againts me?
to visit/borrow our kids.

ABCDiamond Serial expat

873POSTS

10 years ago

#300

neeco8 wrote:
if we got the annulment what would happen to my kids, BTW im providing the school needs of the two kids.
also about that psychological incapacy, is there a chance, they can file a restraining order againts me?
to visit/borrow our kids.

You really need to check this with a Filipino Lawyer.
Expats may not be the best experts on this.

maChel Active member

25POSTS

10 years ago

#301

Hi would advice you to see ur lawyer...regards ur prob...Don't make a move yet without seeking advice from a lawyer...The only person who could answer everything ur concerns. ..hope this may help...

neeco8 New member

5POSTS

10 years ago

#302

yes, i think that would be the best... thank guys for the advice, ill drop by again for the updates

professor cebu Serial expat

306POSTS

10 years ago

#303

dude, dont pay her lawyer. hire your own lawyer and seek for an advice. my advice to you. you answer her annulment. file ur own annulment against her either as a counter to her annulment or a separate one. make sure that she wont receive or will receive less and majority of her share goes to ur children.... ask for attorneys fees and other cost against her. that should be fair.

just let me know if u have more questions. thanks.

neeco8 wrote:
Hi, im here in HK and would like to seek some advice regarding my situation.
last week i received a text from my x-wife(philippines) saying we need to get an annulment. she then ask for a 50% share.

her attorney is asking 250k all-in package for non-appearance due to me being oversees.
According to them i need not to attend those summons for which it will just make things more complicated.
They will file "psychological incapacity" to me and again no need to contest. we have 3 kids living with her.
it pains me because she is the one at fault for having an affair.
but now as it turns out,

- I will take all the blaim once i accept
- she has the kids
- asking for 125k (half) is no joke

so unfair...

please advice me what would be the best thing to do in this situation. tnx.

neeco8 New member

5POSTS

10 years ago

#304

when she told me they are going to file a case againt me, and needed my cooperation.... i ask her for a copy, i did'nt agreed on anything i just needed that copy for my reference. and then i told her im not paying for anything unless i know what it is, right. it common sense.

thats a good advice sir ill consider that, now im just waiting for that copy or whatever that was... atleast now i know where to start. i have few more months to think things through and would definitely need your thoughts againts the matter.

dindiners Member

3POSTS

10 years ago

#305

hi what if my husband dont want to cooperate my annulment.. what is the possible answer?

maChel Active member

25POSTS

10 years ago

#306

Then u shall be lucky...ur annulment would be so quick..
coz in my case I had to suffer bec of his kind ccooperation...and which is a shiiiiiiit..

neeco8 New member

5POSTS

10 years ago

#307

i can only think of 3 reasons

1. he's still hoping for a second chance

2. he does'nt agreed of your annulment terms.
3. grudge

maChel Active member

25POSTS

10 years ago

#308

Then be thankful that he didn't. ..
So during hearing there's no appearance from ghim or her...
then in this case proceedings shall be smooth...and not more than a year ull be granted as single again...
So if I were u do not wish or pray...

cas08 New member

4POSTS

10 years ago

#309

Hi good day! I want to know, if I can file a petition of annulment while I'm working here in Kuwait, because my husband he have now a live in partner, thanks

professor cebu Serial expat

306POSTS

10 years ago

#310

yes you can depending on the grounds of your annulment and of course, u might be required to testify once... that if ur lawyer is organized

cas08 wrote:
Hi good day! I want to know, if I can file a petition of annulment while I'm working here in Kuwait, because my husband he have now a live in partner, thanks

cas08 New member

4POSTS

10 years ago

#311

Okay thanks, but you can help me the procedure how to start to file the petition of annulment? And introduce me a good lawyer, thanks.

Simound Member

2POSTS

10 years ago

#312

Mam could i ask for the name of the Lawyer in cebu city? I need to file my annulment soonest time possible.

Thank you

maChel Active member

25POSTS

10 years ago

#313

Could only refer you my lawyer by the STEPLAW OFFICE at DO脩A LUISA BLDG. just asked the guard for further information. .
Atty.SINAJON
located at fuente circle..

Simound Member

2POSTS

10 years ago

#314

Thank you so much po. ..God bless

cas08 New member

4POSTS

10 years ago

#315

Hi mam! can you specify about attorney senajon聽 and how I contact her/ him聽 bcuz聽 I need to fil and annulment also asap. Thank you.

maChel Active member

25POSTS

10 years ago

#316

U may contact his num :
I forgot his name bec I always call him atty. Sinajon cell # 09185269095
His office located at
fuente osme帽a circle
dona luisa BLDG
3rd floor steplaw office

I already informed him and all u have to do is to contact him arrange an appointment..
just tell refered by machelle
thank you and God bless

cas08 New member

4POSTS

10 years ago

#317

Thank you so much and聽 God Bless you too

dindiners Member

3POSTS

10 years ago

#318

Hi guys... pls advice me.. i want to file annulment to my husband and my husband is working in sg. he said if i want to file annulment never siya makikipagtulungan skin as in never. hindi siya pipirma or anything... wala kami anak at ari-arian na maghahatian if ever... if ever malaki ba chance ko mggrant ung annulment skin... pls pls pls advice me.. thank you so much po.

dindiners Member

3POSTS

10 years ago

#319

Hi mam if ever po how much po na gagastos nyo sa annulment nyo and ilang months na po? para prepared dn po ako.

maChel Active member

25POSTS

10 years ago

#320

Well base on my thingy..If ur ex will never cooperate then good proceeding may be faster...Don't worry if ur ex won't appear court will decide for it..then it will be granted if the allegations u filed against to ur ex is tight then hold on to that ...strongly speak it out truth...