Best Annulment Lawyers in San Juan

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HG Law - Ho & Guerrero Law

HG Law - Ho & Guerrero Law

San Juan, Philippines

Founded in 2000
50 people in their team
Tagalog
English
HO & GUERRERO LAW律师事务所 HG Law is a full-service Philippine law firm with expertise in dispute resolution, arbitration, labor, real estate, family, criminal, data privacy, corporate, administrative, intellectual property, online gaming and immigration laws.At HG Law, we understand...
Co Ferrer Ang-Co & Gonzales Law Offices

Co Ferrer Ang-Co & Gonzales Law Offices

San Juan, Philippines

Founded in 1974
50 people in their team
Tagalog
English
Established in 1974, the  Co Ferrer Ang-Co & Gonzales Law Offices is a full-service Philippine Law Firm.Our Firm serves and represents both local and foreign Clients -- from individuals, to start-ups, to small and medium enterprises, to large private and publicly-listed...
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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?
Annulment
Family
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
Marriage
Family
Divorce & Separation
Annulment
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
Family
Annulment
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 San Juan, Philippines

In San Juan, Philippines, annulment is a legal procedure that declares a marriage null and void as if it never happened. This differs from divorce, which recognizes that a valid marriage has ended. Annulment in the Philippines is governed by the Family Code of the Philippines and is only granted on specific grounds, which may include psychological incapacity, fraud, consent obtained under duress, and the existence of an incurable sexually transmissible disease, among others.

Why You May Need a Lawyer

Legal proceedings for annulment can be complicated and emotionally taxing. You may require a lawyer if you are unfamiliar with the legal requirements, if your spouse contests the annulment, or if there are complex issues relating to the division of property, child custody, or child support. An experienced lawyer can help navigate the legal system, represent your interests, and provide advice to ensure that your rights are protected throughout the process.

Local Laws Overview

The key aspects of local laws surrounding annulment in San Juan, Philippines, are based on the Family Code. Grounds for annulment must closely align with those specified in the Code. The process involves filing a petition in court, going through a psychological evaluation if required, and attending a pre-trial to discuss the possibility of a settlement. If the case proceeds, both parties will present evidence and witnesses. An annulment is not finalized until the judge issues a decree of annulment.

Frequently Asked Questions

What are the grounds for annulment in San Juan, Philippines?

Some acceptable grounds include psychological incapacity, fraud, lack of parental consent for individuals aged 18-21, impotence, sexually transmissible disease, and force or intimidation.

How long does an annulment case usually take?

The duration of an annulment case varies but it can take several years to resolve due to the thorough judicial process required.

Can I remarry after an annulment?

Yes, once an annulment is granted, you are free to remarry, as the law treats the annulled marriage as though it never existed.

Is annulment similar to legal separation?

No, legal separation allows couples to live separately without dissolving the marriage bond, whereas annulment treats the marriage as if it never existed.

How much does an annulment cost in San Juan, Philippines?

The cost can vary widely depending on the complexity of the case, lawyer's fees, and other related expenses, and can range from several tens of thousands to hundreds of thousands of Philippine Pesos.

Do both parties have to agree to an annulment?

Both parties do not have to agree to the annulment; one party can file the petition, but the process becomes more straightforward if both agree.

Is there a waiting period for filing annulment in San Juan?

There is no specific waiting period for filing for annulment; however, some grounds for annulment, such as fraud, have a prescriptive period within which you must file the case.

Will our children be considered illegitimate after an annulment?

Children conceived or born before the judgment of annulment are considered legitimate. The status of the children is one of the most critical considerations in an annulment proceeding.

What are the consequences of annulment on property relations?

Once the annulment is granted, the property regime governing the marriage is dissolved, and the assets and liabilities will be divided according to the applicable property regime.

Do I need to attend court hearings for my annulment case?

Yes, attendance is generally necessary, but your lawyer can guide you on specific appearances that are absolutely required.

Additional Resources

Individuals seeking annulment advice may consider the Public Attorney's Office (PAO) for legal assistance if they cannot afford a private lawyer. The Office of the Clerk of Court in the Regional Trial Court of San Juan can offer procedural guidance. Additionally, the Department of Social Welfare and Development (DSWD) provides counseling services that can be beneficial during the annulment process.

Next Steps

If you need legal assistance with annulment in San Juan, Philippines, your first step should be to consult with a reputable lawyer who specializes in family law. You can find one through the Integrated Bar of the Philippines or ask for recommendations from friends and family. Once you've chosen a lawyer, you’ll need to compile all relevant documentation and discuss your situation thoroughly to initiate the annulment proceedings.

Lawzana helps you find the best lawyers and law firms in San Juan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Annulment, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in San Juan, Philippines—quickly, securely, and without unnecessary hassle.

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.