annulment Philippines

Londonclimber · 2015-04-12T20:34:45+02:00

Seeking affordable annulment advice in Manila? Explore options for cases where one spouse can't be located, including legal recommendations.

Londonclimber Member

Member since 12 April 2015

LondonclimberMember12 April 2015 18:34:45

Hello kababayans, I was hoping you could help me with my dilemma... I was. Married to an American subject over ten years ago but it lasted about 3-4 weeks. He left the country and I get on with my life as you do. I wanted an annulment but I can't trace him.. I Spent countless hours on Internet and emailing people on face book that looked like him and still no luck. I even pay on ancestry to try and locate him but still could not find it. I come to the conclusion that either he lied to me about his name which was written on marriage certificate or he died. I searched the Internet using the information that was written in our marriage certificate and that did not help either. Could anyone recommend an affordable annulment lawyer in the ground of me suspecting he has died or something? Is this possible? I hope anyone can help me because I really don't know what to do. J

stumpy Laos Expert

Member since 27 November 2009

stumpyLaos Expert13 April 2015 03:49:19

18020

Perhaps contact the US Embassy and ask if they can assist in finding him.

ABCDiamond Serial 暗网禁区

Member since 08 December 2010

ABCDiamondSerial 暗网禁区13 April 2015 04:42:50

873

A stage further from Stumpys suggestion.聽 "Definately" ask the US embassy, as you may well need proof from them later anyway.

Using an Annulment Based on "Presumed Death" is an easier way to get annulled, BUT, if you were to later apply for a visa to go to another country, especially the US,聽 the Embassy, during the visa interview, may want extensive evidence that the absent spouse was truly considered deceased.聽 If you have already checked with the US embassy, and have written documentation, then that should be sufficient for them, or other countries embassies.

The Family Code, specifically Articles 41 to 44, deals with the declaration of presumptive death for purposes of remarriage.

The Family Code of the Philippines lists Fraud as one the valid grounds for annulment:

If he used a fake name, I would assume that to be fraud of one kind.

"[3] Proof required that petitioner tried to look for the missing spouse

The court will however require the petitioner to present proof that he or she exerted earnest and diligent efforts to locate the whereabouts of the missing spouse. These efforts include asking the police or NBI for help in locating the missing spouse, using the media like newspapers or radio, etc. The court will deny the petition if the petitioner cannot present such evidence of earnest and diligent efforts to locate the missing spouse."
The Family Code provides for a period of four years (ordinary absence) for a person to be able to go to court and file a petition for declaration of presumptive death of the missing spouse.