Best Annulment Lawyers in Manila
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List of the best lawyers in Manila, Philippines

Laygo Caliuag Barrantes Law Office

Eric Fuentes Law

Villasis Law Center - Bar Review

Caraan and Associates Law Offices

Sison Reyes & Associates, Al Kanz Building

Judicial Advocacy Law Firm

DE BORJA LAMORENA AND DUANO LAW OFFICES
30 minutes Free Consultation
KCJ LAW OFFICE

LEGADO LAW
Philippines 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 Manila, Philippines
The annulment of marriage is a complex process in Manila, Philippines. An annulment is a legal procedure that declares a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. Under the Family Code of the Philippines, a marriage can be annulled for a variety of reasons, including psychological incapacity, fraud, consent obtained by intimidation or undue influence, and impotence.
Why You May Need a Lawyer
Annulment can be a long and complicated process requiring significant legal knowledge and deep understanding of legal processes. You may need an attorney to be able to navigate through the intricacies of annulment law, especially when it comes to understanding the grounds for annulment, preparation of evidence, presentation before the court, and the follow-up processes post-court procedures. A lawyer's assistance becomes even more crucial if the separation is contested, or if there are other complications like shared property or children from the marriage.
Local Laws Overview
The Philippine law emphasizes on two potent grounds for seeking an annulment of a marriage: psychological incapacity and lack of parental consent for marriages involving minors. However, other grounds listed in the Family Code include fraud, force, intimidation or undue influence, impotence or STDs. It is crucial to understand that mere separation or infidelity does not qualify as grounds for annulment under Philippines law.
Frequently Asked Questions
1. Can any marriage be annulled?
Not all marriages can be annulled. Only those that have a valid ground as stated in the Philippines Family Code can be annulled.
2. What is the main difference between divorce and annulment?
The key difference is that divorce ends a legally valid marriage, while an annulment declares that what everyone thought was a legally valid marriage was not legally valid after all.
3. How long does the annulment process take?
The process varies from case to case but generally, an annulment may take anywhere from 1 to 2 years or more depending on the complexity of the case.
4. What happens with child custody and properties after an annulment?
Child custody and division of properties are separate issues that need to be settled during or after the annulment process.
5. Who can file for an annulment?
Only the spouses themselves, not any other relative or friend, nor any lawyer, may file for annulment of their own marriage.
6. Can I remarry after annulment?
Yes, annulment, once granted, allows both parties to remarry as it legally invalidates the previous marriage.
7. What if my spouse does not agree to annulment?
Annulment can be granted even if only one spouse seeks it, as long as the reason for the annulment is justified under the law.
8. Can I file for annulment outside of Manila?
Normally, the annulment should be filed in the region where the marriage took place or where either spouse resides.
9. Do we need to appear in court personally for an annulment?
Yes, both spouses have to testify in court and may need to bring other witnesses to support their case.
10. Do we have to live separately before we can file for annulment?
No, there is no such requirement under Philippines law. The filing for annulment can be done irrespective of the living arrangement of the spouses.
Additional Resources
For additional resources, you may want to consider local legal aid services, family rights advocacy groups, women's empowerment organizations, and governmental bodies such as the Philippine Commission on Women (PCW) or the Public Attorney's Office (PAO). Various resources are also available online concerning the Philippine Family Code and legal procedures pertaining to annulment.
Next Steps
Should you decide to seek an annulment, you should first consult with a lawyer to understand your rights, obligations, and the whole process. Document and gather all the necessary documentation that best supports your case. Understand that the process can take time and requires patience and resilience. Always make sure to protect your rights and best interests throughout the 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.