7 year anullment

[jfiala 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

[HappyDancer 7]

Oopps... not true!

[Rocky_nBullwinkle 6]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

IT"S NOT TRUE. You cannot get marry unless she get an annulment decree from the court. Tell her to get a lawyer to help her file an annnulment. There is no such thing as DIVORCE in the Philippines. Annulment is only granted under specific grounds as provided for under Article 45 of the Family Code of the Philippines.

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Rocky

Edited February 5, 2009 by Rocky_nBullwinkle

[jfiala 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

IT"S NOT TRUE. You cannot get marry unless she get an annulment decree from the court. Tell her to get a lawyer to help her file an annnulment. There is no such thing as DIVORCE in the Philippines. Annulment is only granted under specific grounds as provided for under Article 45 of the Family Code of the Philippines.

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Rocky

Thanks

[walls1010 3]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

Whaaaaat??? I guess better tell her to ask a real lawyer. Being separated for a long time doesn't mean she's free to marry someone else, her marriage is still exist/valid.

[usa_honey 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

Whaaaaat??? I guess better tell her to ask a real lawyer. Being separated for a long time doesn't mean she's free to marry someone else, her marriage is still exist/valid.

Yes some woman from philippines think that if they are separated for a long period of time then they are free to marry...i heard a lot saying this but really ITS NOT TRUE....i dont know how they got this thinking....even 30 years of separation you still need an annulment in order for you to remarry again...

[Jasman0717 9]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

Whaaaaat??? I guess better tell her to ask a real lawyer. Being separated for a long time doesn't mean she's free to marry someone else, her marriage is still exist/valid.

Good luck, it takes!

[barenaked 0]

Maybe whats shes trying to say is "presumptive death"

"When you use presumptive death to terminate the marriage, you will be declared a widow when your petition is granted by the court. This process is actually shorter than an anullment, however the court is strict when it comes to the proofs of evidence to be presented . There is a certain period of time. . 4 years under ordinary circumstances and 2 years under extra-ordinary circumstances that you have not heard or seen your husband before you can file the petition. Also, you must prove to the court that you exerted due diligence in trying to contact or locate your husband before you file the petition. If you meet these requirements, go see a lawyer and file the petition.

Presumptive death is one of the ways to terminate the marriage under our laws and as long as it is annotated in your Marriage Certificate, I am sure it will be recognized by the US embassy."

[Loolie 56]

to be safe..better to file for annulment before you marry her...it will take less than a year i guess just like the person i know...and she even told me her friend only took a month...but i dont know if thats true.

[yan 1]

Maybe whats shes trying to say is "presumptive death"

"When you use presumptive death to terminate the marriage, you will be declared a widow when your petition is granted by the court. This process is actually shorter than an anullment, however the court is strict when it comes to the proofs of evidence to be presented . There is a certain period of time. . 4 years under ordinary circumstances and 2 years under extra-ordinary circumstances that you have not heard or seen your husband before you can file the petition. Also, you must prove to the court that you exerted due diligence in trying to contact or locate your husband before you file the petition. If you meet these requirements, go see a lawyer and file the petition.

Presumptive death is one of the ways to terminate the marriage under our laws and as long as it is annotated in your Marriage Certificate, I am sure it will be recognized by the US embassy."

A BIG NOT TRUE.

[Rocky_nBullwinkle 6]

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

Article 45 generally encompasses the specific means whereby you can get an annullment. However, this is why you need a lawyer. This clause (Article 36) is so broad you can drive a Jeepney through it, but it takes a lawyer to make the argument.

Rocky

[Rocky_nBullwinkle 6]

Maybe whats shes trying to say is "presumptive death"

"When you use presumptive death to terminate the marriage, you will be declared a widow when your petition is granted by the court. This process is actually shorter than an anullment, however the court is strict when it comes to the proofs of evidence to be presented . There is a certain period of time. . 4 years under ordinary circumstances and 2 years under extra-ordinary circumstances that you have not heard or seen your husband before you can file the petition. Also, you must prove to the court that you exerted due diligence in trying to contact or locate your husband before you file the petition. If you meet these requirements, go see a lawyer and file the petition.

Presumptive death is one of the ways to terminate the marriage under our laws and as long as it is annotated in your Marriage Certificate, I am sure it will be recognized by the US embassy."

A BIG NOT TRUE.

Absolutely! Unless the husband from the previous marriage can not be found at all, then this is a dead end. This would almost guarantee a referral to the Fraud Investigation Unit. And, if the FPU can locate him, then you will never get your fiancee to the US.

Rocky

[smokey27 0]

Guys I want to share something about this situation. My Best friend his Father had a previous marriage he abandoned his first family and and live with my mom's best friend and they live for a long time without annulled of first marriage, His father never had a communication to his previous family, NO support as In nothing, when the parents of my best friend decided to marriage his father decide to annulled his first marriage and with surprise his first marriage is Authomatic annulled, The judge said that his act is abandoned to his first family and the marriage is annulled, I dont know how to explain the whole situation, But its happen to my best friend parents they said if you are married and never had a communication for your previous marriage for 7 years its act of abandonment,. and when my best friend get married he ask it to a judge who give a vow to them if it's true that if his husband leave her and she don't hear for a long time (minimum of 7 years)is it her marriage will be annulled and the judge said yes, but still depends on the situation and the place where you get married, I guess if you married in a church it is more strong than married to civil,. Just a share to some have experience I dont have knowledge about the law here, but it's better to ask the lawyer..

[Rocky_nBullwinkle 6]

Here is the section of Philippine law that keeps getting referred to:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. (n)

Rocky

[Loolie 56]

Guys I want to share something about this situation. My Best friend his Father had a previous marriage he abandoned his first family and and live with my mom's best friend and they live for a long time without annulled of first marriage, His father never had a communication to his previous family, NO support as In nothing, when the parents of my best friend decided to marriage his father decide to annulled his first marriage and with surprise his first marriage is Authomatic annulled, The judge said that his act is abandoned to his first family and the marriage is annulled, I dont know how to explain the whole situation, But its happen to my best friend parents they said if you are married and never had a communication for your previous marriage for 7 years its act of abandonment,. and when my best friend get married he ask it to a judge who give a vow to them if it's true that if his husband leave her and she don't hear for a long time (minimum of 7 years)is it her marriage will be annulled and the judge said yes, but still depends on the situation and the place where you get married, I guess if you married in a church it is more strong than married to civil,. Just a share to some have experience I dont have knowledge about the law here, but it's better to ask the lawyer..

ive heard about this too..my grandma's sister did that too...her husband abandoned them and my grandmas sister got married to another guy without filing for anullment...but since you are dealing with the embassy to have visa then better filed for annullment..to be sure..so your fiance will have clear record from her previous marriage before getting married again.