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


Recososa Law Firm
15 minutes Free Consultation
ACE Law Office

ERLAW

Estrada & Aquino Law

Sta. Cruz Law Office

ABMP LAW OFFICE AND CONSULTANCY

Sucgang Law

Montano Flamiano & Associates Law Offices

Tancinco and Mangco
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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 Philippines
Annulment in the Philippines is a legal process that declares a marriage null and void. Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never existed. Annulment is granted based on specific grounds recognized by Philippine law.
Why You May Need a Lawyer
Annulment cases can be complex and challenging to navigate, especially for individuals without legal knowledge. A lawyer can provide guidance on the legal process, help gather necessary evidence, and advocate for your interests in court. Additionally, having a lawyer can ensure that your rights are protected throughout the annulment process.
Local Laws Overview
In the Philippines, annulment is governed by the Family Code of the Philippines. The grounds for annulment include lack of parental consent, psychological incapacity, fraud, and lack of legal capacity. Annulment cases are heard in family courts, and the process typically involves filing a petition, attending court hearings, and presenting evidence to support the grounds for annulment.
Frequently Asked Questions
1. What are the grounds for annulment in the Philippines?
The grounds for annulment in the Philippines include lack of parental consent, psychological incapacity, fraud, and lack of legal capacity.
2. How long does the annulment process take in the Philippines?
The annulment process in the Philippines can vary in duration depending on the complexity of the case and the court's schedule. It can take several months to several years to finalize an annulment.
3. Can I file for annulment without a lawyer?
While it is possible to file for annulment without a lawyer, it is not recommended. Annulment cases can be legally complex, and having a lawyer can ensure that your rights are protected throughout the process.
4. Can I annul my marriage if I have children?
Yes, you can still pursue annulment even if you have children. However, child custody and support arrangements will need to be addressed as part of the annulment process.
5. What is the difference between annulment and divorce in the Philippines?
Unlike divorce, which ends a valid marriage, annulment treats the marriage as if it never existed. Annulment is granted based on specific grounds recognized by Philippine law, while divorce is not currently legal in the Philippines.
6. How much does it cost to file for annulment in the Philippines?
The cost of filing for annulment in the Philippines can vary depending on the complexity of the case and legal fees. It is essential to consult with a lawyer to understand the potential costs involved.
7. Can I remarry after my marriage has been annulled?
Yes, once your marriage has been annulled, you are free to remarry in the Philippines.
8. What evidence do I need to provide for an annulment?
You may need to provide evidence to support the grounds for annulment, such as testimonies from witnesses, medical or psychological reports, and other relevant documents. A lawyer can help you gather the necessary evidence for your case.
9. Can I file for annulment if my spouse is abroad?
Yes, you can still file for annulment in the Philippines even if your spouse is abroad. However, additional steps may be required to serve the necessary legal documents to your spouse overseas.
10. What happens if the annulment is not granted?
If the annulment is not granted, your marriage remains legally valid, and you will not be able to remarry. You may explore other legal options or seek legal advice on how to proceed.
Additional Resources
If you are in need of legal advice or assistance with annulment in the Philippines, you may contact the Integrated Bar of the Philippines or consult with a family law attorney for guidance and support.
Next Steps
If you are considering filing for annulment in the Philippines, it is advisable to consult with a qualified lawyer who specializes in family law. Your lawyer can guide you through the legal process, help you understand your rights, and advocate for your interests in court. Be sure to gather all relevant documents and evidence to support your case and stay informed about the progress of your annulment proceedings.
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.