
Best Annulment Lawyers in Makati City
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List of the best lawyers in Makati City, Philippines


ERLAW

Juco Law Firm

Fortun Narvasa & Salazar

Mendoza & Pangan

Guzman Acain LLP
Villaflor Law Offices

Yap, Kung, Ching & Associates Law Office

Exiomo Law Chambers

Dino Law Office
15 minutes Free ConsultationPhilippines Annulment Legal Questions answered by Lawyers
Browse our 51 legal questions about Annulment in Philippines and the lawyer answers, or ask your own questions for free.
- Can annulment or legal separation be filed even without evidence?
- Good day from Recososa Law Firm!We received your inquiry from Lawzana regarding the possibility of filing for annulment or legal separation despite the absence of direct evidence such as screenshots of an extramarital affair. We are here to provide a clear legal response based on Philippine laws and jurisprudence.a.) Under Article 55 of the Family Code of the Philippines, legal separation may be granted on grounds such as repeated physical violence or grossly abusive conduct, drug addiction, and infidelity. Specifically, sexual infidelity or a proven extramarital affair constitutes a valid ground.b.) While direct evidence (e.g., screenshots, messages, photos) is helpful, Philippine courts allow circumstantial evidence and testimonial affidavits to establish proof of these grounds. For example, your personal testimony, corroborating witnesses (e.g., family, friends, or co-workers who knew of or witnessed the circumstances), and behavioral patterns may serve as competent evidence to support your claim.c.) As for annulment, if the basis is psychological incapacity under Article 36 of the Family Code, proof is required that one or both parties are incapable of fulfilling essential marital obligations. While infidelity alone does not equate to psychological incapacity, it may be cited as a manifestation of such incapacity if linked to an established personality disorder or persistent irresponsibility. This requires the assistance of a qualified psychologist or psychiatrist, but it can still proceed even if past consultation was limited—as long as the condition can be sufficiently described and proven during the proceedings.d.) In terms of cost, a Petition for Annulment or Legal Separation involves filing fees, professional fees, psychological evaluation (if applicable), and publication expenses. The exact amount depends on complexity, but we can structure the fees in a client-friendly and affordable manner. You may also negotiate for the erring spouse to shoulder the litigation cost as part of your prayer for damages, although such claims are subject to the discretion of the court.We strongly recommend that you hire us so we can evaluate the best course of action based on your full narrative. We can assist in building a compelling case supported by affidavit testimonies, documentation, and a psychiatric assessment when necessary.We can schedule an initial consultation via Zoom or in person. Client may schedule a convenient date and time of the meeting through the below Calendly link:https://calendly.com/recososalawfirmThere is a ₱2,000 consultation fee, which we will refund when you hire us after the consultation. Alternatively, client may also call or text +639175046510 or email [email protected] look forward to assisting you in protecting your rights and moving forward with confidence.
- About Concubinage
- Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
- Certificate of Finality
- Hi. May we know where was the case for annulment filed? You yourself as a party to the case may secure for the certificate of finality. Or our law firm may represent you in securing the said court order, provided a legal engagement contract is executed between the firm and you as our client.You may send an email at our email address [email protected]
About Annulment Law in Makati City, Philippines
In the Philippines, the process of dissolving a marriage is referred to as Annulment. Unlike divorce, which is not acknowledged in the country, an annulled marriage is deemed void from the beginning, as though it never existed. Annulment law covers the grounds for annulment, steps to file, and the potential aftermath of annulment. This process can be complex and taxing both emotionally and financially, hence it's imperative to understand and prepare for it fully.
Why You May Need a Lawyer
Annulment law involves a wide variety of legal concepts, documents, and court proceedings, which can be difficult for a layperson to comprehend and pursue successfully. Given the intricacies of the process, having legal counsel can be crucial. A lawyer specializing in this field can facilitate proper filing of your case, efficient gathering of evidence, and expert representation during court proceedings. They can also provide informed advice during out-of-court settlements, and ensure fair division of conjugal properties in your favor. Furthermore, navigating through the complexities of child custody and support can be significantly less stressful with a knowledgeable lawyer on your side.
Local Laws Overview
The annulment process in Makati City, like other parts of the Philippines, is governed by the Family Code. The grounds for filing an annulment case as per Article 45 of the Family Code include psychological incapacity, consent obtained by fraud, forced consent, physical inability to consummate the marriage, severe sexually transmitted disease, and the fact that one or both parties were underage during marriage. It's noteworthy that proving psychological incapacity often constitutes a major part of court proceedings.
Frequently Asked Questions
1. How long does the annulment process take in Makati City, Philippines?
The annulment process can take at least one to two years, or sometimes longer due to various factors like court schedules, the evidence presented, and complexities of the case.
2. Can a foreigner file for annulment in the Philippines?
Yes, foreigners married to a Filipino or even another foreigner can file for annulment in the Philippines, provided the marriage took place in the Philippines.
3. What are the legal implications of annulment?
Once a marriage is annulled, it is deemed void from the start. The resulting legal implications involve splitting of the conjugal properties, child custody, and sometimes, provision of support to the innocent party.
4. Can the same lawyer represent both parties in annulment?
No, both parties are required to have separate legal representation to ensure impartiality and fair conduct of proceedings.
5. How much does an annulment cost in Makati City?
The costs involved in annulment cases can vary widely depending on the complexity of the case and the lawyer's fees. It can range from hundreds of thousands to millions of pesos.
6. If I'm overseas, can I file for an annulment?
Yes, you can, but you should be physically present at some stages of the proceedings such as pre-trial and trial stages.
7. What happens to the children after annulment?
Usually, custody of children under seven years of age is awarded to the mother. However, the court might rule differently considering the circumstances and the best interests of the child.
8. How does one prove psychological incapacity?
Psychological incapacity is one of the most common, yet challenging, grounds for annulment in the Philippines. It entails demonstrating that a spouse was mentally unfit for marriage, with evidence often provided by a psychiatrist or psychologist.
9. Can I remarry after annulment?
Yes, once the marriage has been annulled, each party is free to remarry.
10. What is a declaration of nullity?
A declaration of nullity in the Philippines is similar to an annulment. However, while an annulment makes a voidable marriage null, a declaration of nullity invalidates a marriage that was void from the beginning, such as incestuous marriages, or marriages conducted without a license.
Additional Resources
For additional information, you can refer to the Family Code of the Philippines. Additionally, the Philippine e-Legal Forum and the official website of the Philippine Judicial Academy provide resources and updates related to annulment laws and other family law topics.
Next Steps
If you require legal assistance for annulment in Makati City, firstly, collect all necessary paperwork as proof for the grounds of your annulment. This may include medical records, communication records, or witness testimonials. Next, approach a legal professional specializing in this field, discuss your case thoroughly, and understand the probable timeline and costs involved. Remember, it's critical to comply with your lawyer's advice and the court's requirements at all stages of the proceedings to ensure a smooth and successful annulment process.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.