Legal separation or Annulment?

In Philippines
Last Updated: Jul 17, 2024
Can I either get legal separation or annulment if we are separated for more than 2 years and he is not even providing anything for the needs of our children?

Lawyer Answers

M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS

M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS

Jul 17, 2024
Best Answer

Yes, you can get legal separation but I need some more information regarding your marriage contract.

LAW CHAMBER OF ADVOCATE RAJVEER SINGH

LAW CHAMBER OF ADVOCATE RAJVEER SINGH

Jul 19, 2024

Yes you can claim Divorce from your husband because “desertion for a continuous period of not less than two years” is a ground of divorce under Hindu Marriage Act. You can file a petition for divorce. Under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife is entitled to maintenance from her husband during the subsistence of the marriage if she is unable to maintain herself. Also You will get permanent alimony under Hindu Marriage Act after getting divorce. Under Section 20 of the Hindu Adoption and Maintenance Act, 1956, father is responsible for the maintenance of his minor children. This responsibility persists even after separation or divorce. You can also file for maintenance for yourself and your children if the spouse is not providing financial support. This can be done through a separate petition or as part of divorce proceedings. 

Dapat & Dapat Lawyers

Dapat & Dapat Lawyers

Jul 31, 2024

Dapat and Dapat Lawyers is a full-service law firm with over 13 years of experience representing clients successfully. You may reach us Monday to Friday 8:00 AM – 6:00 PM (Philippine time) thru mobile/Viber at (+63)9175488045, 79331768 or info@dapatlaw.com. We are able and willing to represent you after a full assessment of your case.

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