Best Annulment Lawyers in Santiago

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List of the best lawyers in Santiago, Philippines

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015

12 people in their team

www.naraglawoffice.com

English

You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...

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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]

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About Annulment Law in Santiago, Philippines

The specific legal term used for annulment in the Philippines, including Santiago, is "Declaration of Nullity of Marriage". It's a legal procedure which declares a marriage null and void because of reasons existing at the time of the marriage. Annulment is used under circumstances where the marital contract is void from the very beginning, implying that the marriage never really existed in view of the law. This is different from divorce and legal separation, as it considers the marriage invalid since its inception.

Why You May Need a Lawyer

Annulment in Santiago, Philippines is a complex process that involves a lot of legal intricacies. Professional guidance from a competent lawyer is essential to navigate the rigorous process. A lawyer's assistance is crucial in providing help with important legal documents, paperwork, presentation of evidence, and witness preparation. Furthermore, lawyers can provide advice and counsel on matters regarding custody of children, partition of conjugal assets, and other related issues. They can also represent you in court, fighting for your interests throughout the process.

Local Laws Overview

In Santiago, Philippines, the grounds for annulment or declaration of nullity of marriage are detailed in the Family Code of the Philippines. Here, a marriage can be annulled if, at the time of marriage, either party was psychologically incapacitated to fulfill the essential marital obligations; consent was obtained through fraud, intimidation, undue influence or mistake; consent was obtained by force, threat, or intimidation; the parties are related within the prohibited degrees, and various other factors. It's important for anyone considering an annulment to familiarize themselves with these legal provisions.

Frequently Asked Questions

What Is The Duration of the Annulment Process?

Generally, it takes anywhere from one to two years for an annulment case to be completed in the Philippines, depending on the complexity of the case and the efficiency of the court proceedings.

Does the Church Recognize a Legal Annulment?

The Catholic Church, which is prevalent in Santiago, Philippines, does not recognize a civil annulment. An ecclesiastical or church annulment must be obtained for the church to consider the marriage annulled.

Can I Remarry After an Annulment?

Yes. Once an annulment is granted and the decision has become final, you can remarry, under the civil law of the Philippines.

How Can I Start the Annulment Process?

The first step in beginning the annulment process is to consult with a lawyer who can help you file a petition for annulment at the Regional Trial Court.

Is There a Difference Between Divorce and Annulment?

Yes, there is. Unlike divorce, which terminates a valid marriage, an annulment declares that the marriage was never valid from the very start.

Can I Apply for Annulment Without a Lawyer?

While it is possible, it's strongly advised against since annulment cases involve complicated legal procedures that require professional expertise.

Are There Any Other Legal Options Aside from Annulment?

Yes, Legal Separation is another recourse wherein spouses are allowed to live separately without severing their marital bond.

What Happens If My Petition Is Denied?

If the petition is denied, you may either accept the decision or file an appeal with the Court of Appeals.

What are the Costs Involved in Filing for Annulment?

The costs can vary significantly and include filing fees, attorney's fees, professional fees for a psychologist or psychiatrist, and other incidental expenses.

Additional Resources

For additional legal guidance on annulment, there are a few Philippine governmental offices and organizations that offer resources, such as the Philippine Statistics Authority (PSA), which provides information on civil registrations and the Family Court where a client can file for annulment.

Next Steps

If you need legal assistance for annulment in Santiago, Philippines, you should consider seeking a competent lawyer who specializes in Family Law. Prepare to discuss with your lawyer about the reasons for the annulment, your marriage history, and any related concerns. Additionally, prepare to gather all necessary documents related to your marriage. This would include your marriage certificate, birth certificates of any children, evidence supporting your grounds for annulment, and financial records to discuss possible distribution of assets and liabilities.

Lawzana helps you find the best lawyers and law firms in Santiago 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 Santiago, 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.