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-I am living abroad -I am with my two minor kids here abroad -my husband was diagnosed with schizophrenia abroad, and admitted twice -hes in the Philippines now, to continues his treatment, however he's not into consideration to take his medicine -i am a batteree wife, I am working Monday-Sunday to sustain our needs -i paid all our bills, and everything. I'm exhausted now with the situation I want to be free with him, how's is it possible? Do I have the rights to not send the remittance with him? I had large debt now because of the financial cruise he caused me, not cooperating, abusing, I'm scared to be with him with our two children. Please?? What to do
Answers (1)
Posted Wed, Sep 17, 2025 2:15 PM
Steps you can take now
- Contact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.
- Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.
- Document everything. Keep a record of all relevant details, including:
- Medical records: Proof of your husband's diagnosis and hospitalization abroad.
- Financial records: Your remittance receipts, records of your debt, and expenses for your children.
- Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.
- Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD).
Legal grounds to seek freedom from your marriage
Annulment of marriage based on psychological incapacity
Since absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband.
- Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.
- Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.
Atty. Mario P Narag, Jr, CPA, REB, REA
09189395137
www.naraglawoffice.com
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working...
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