Another significant concept that the Family Code introduced as a ground for annulment was the now much abused psychological incapacity to enter into marriage. When the Family Code was new, many believed that this ground could very well be the foundation of divorce. Since the law itself did not define what psychological incapacity meant, evolving jurisprudence would do that job. In short, depending on how courts decided, every new case that alleged acts of psychological incapacity could continuously widen the scope. For instance, A files for annulment alleging that her husband B is a mama’s boy–too immature to act independently–and thus psychologically incapacitated to have entered into marriage in the first place. If the circumstances surrounding the allegation–the very acts to show the extent of the immaturity–are sufficient to prove psychological incapacity and the court grants the annulment, then, it becomes a precedent of sorts.
Later on, however, it became clear that despite the leeway allowed by the concept of psychological incapacity, there was a huge gaping hole in the law. Annulment is a very expensive legal procedure beyond the financial capacity of majority of the Filipinos. The laundrywoman living in the slums who is physically abused by the drunken jobless husband could not afford it. In addition to the expense, the process was a long and tedious one. Eventually, the divorce advocates started making noise again. As expected, the Catholic church is getting more imaginative in coming up with arguments against divorce.
It is sad that most Filipinos cannot view marriage independently from its religious context. It is even more sad that most Filipinos do not consider themselves validly married unless married in church. Very sad indeed.
So, will the passage of a divorce law patch the loopholes in the Family Code? It depends on what the law will allow as valid grounds for divorce and what the required procedure will be. It has happened before that a law is passed as some sort of pacifier. Congress can pass a “divorce” law which such narrow grounds and complex process that it will effectively negate the very purpose of a divorce. You know, just so it can be said that a divorce law has been passed. I doubt if that will satisfy the progressives and the divorce advocates.
GREETINGS
SINCE THERE IS NO SENSE IN MAKING HAPPY SALUTATIONS DUE THIS WEBPAGE IS FULL OF BROKEN TIES. PLZ ACCEPT MY APOLOGY, I WILL GO STRAIGHTTO THE POINT.
I WAS MARRIED AT A YOUNG AGE. 21 UPON LEGAL AGE. THIS IS FOR THE SAKE OF TRANSFERRING MY SON'S NAME UNDER UNDER THE FAMILY TREE.
WE WERE BOTH LIVE IN PARTNERS FOR 10 YEARS. THIS WAS NOT A SMOOTH SAILING CRUISE UNDER THE PALE MOONLIGHT. THERE WAS ALWAYS DOUBT BETWEEN US WITH REGARDS TO OUR FIDELITY. CELLPHONE MESSAGES, MULTIPLE SIMCARDS AND PHONES WERE ALWAYS UNCOVERED. MY PARTNER CLAIMS THEY ARE JUST A HOBBY OR CHATROOM TRIP. THIS I BELEIVED AND CONTINUED TO BE AS LOYAL AND LOVING AS THE BETTER HALF OF A FAMILY. I DO ADMIT THAT FIGHTS OCCURED WHEN SUCH DETAILS WAS UNCOVERED. MY PARTNER DOUBTED MY FIDELITY TOO DUE TO MY LIFESTYLE. I SOCIALIZED AND SOMETIMES FRIENDS LEAVE ITEMS ON OUR PROPERTY THAT CAUSED DOUBTS. NEVERTHELESS I NEVER CROSSED THE LINE. I HAVE TRADITIONAL VALUES AND CATHOLICISM IS ONE OF MY BASIC FOUNDATIONS
WE FINISHED OUR STUDIES, I FOUND A JOB FAR AWAY . THE TIME CAME WHEN I HAD MEANS TO GIVE A CHURCH WEDDING, A LONG TIME PROMISE THAT I WAS EAGER TO KEEP. THE ANSWER WAS A NO.
ADMITTING A THIRD PARTY WAS INVOLVED I LOST MY WAY. WORK BECAME TORTURE AND LOVE BECAME DESPAIR…… MY PARTNER EVEN FEARS THAT SEXUALLY TRANSMITTED DISEASE IS IN HER VEINS.
THOUGH THIS WAS THE CASE I CONTINUED TO PURSUE MY PARTNER, I ACCEPTED THAT MISTAKES ARE MADE FOR US TO LEARN FROM IT.
MY PARTNER JUST GOT OFF SCHOOL. MY FAMILY PROVIDED EVERYTHING FOR 10 YEARS FOR THIS PERSON ONLY TO FIND OUT THAT THE 3RD PARTY AND MY PARTNER HAD PLANS TO LEAVE WHEN THEY HAD TAKEN EVERYTHING THAT THEY NEEDED. AN EDUCATION, MONEY, PROPERTY RIGHTS AND MY BLOOD. THEY PLAN ON PLUNDERING US FROM THE POCKET TO THE BONE.
I KNEW FOR A LONGTIME EVEN FOR THE TIMEFRAME THAT WE SHARED 1 BED THAT THERE WAS SOMETHING WRONG. I CONTINUED TO LUV THE PERSON UNTIL NOW……..
ONE OF MY RELATIVES MADE INVESTIGATIONS DUE TO SOME DISTURBING MOVEMENTS. UNTIL EVIDENCE CAME UP THE SURFACE ENOUGH TO PROVE THIS DOUBTS….. TANGIBLE EVIDENCE. I AM STILL KEEPING MY DISTANCE. MY PARTNER KNOWS EMAIL PASSWORD, MY ATM PIN, MY PH#. MY OFFICE ADDRESS
I AM PLAYING IT SAFE FOR NOT TO TIP THE SCALE…..
Hi,
I have a question. I have a freind who wants to marry a women from the Philippines. before she was married to a man in the philippines who was unfaithful. She abtained a legal separation or annulment from this man. Now she want's to marry my freind in Indonesia. The problem, Indonesia does not recongnise her documrnt as legal and says she needs a certificate of divorce. How does she proceed so that she can be legally married to my freind in Indonesia? do you have any advice? Danny
Legal consultations are not free.
I have a friend who is married to a girl. But these 2 couples didn't live in one house like a family. The marriage was only by document. For a long period of time, the girl was found out dating with another man. Then afterwards, my friend finds a girl, they live in together and got a child. My question is, if my friend files for an annulment, how long would it take? How much would it cost him? What would be his penalty for having a child with another girl?
gil0577, if I answered your questions, I'd have to charge you by the hour.
i hav a frend who loved a complicated person! compicated b cos he was married but his wife find another when the boy was n abroad.Now they are separeted by words then his wife go with another boy. can husband was allowed to comit anoder girl? wat the best ting dat boy do. help pls…
I don't know what to ask after I read your answers from a couple of people. Looks like I'm gonna have to set up an appointment with you and pay the appropriate fees before you can give me any advise.Well, let me , at least, try this one. I'm divorced, a US citizen and I have a girlfriend who is still married but wants to end her marriage soon because of some irreconcilable differences bet. her and her husband. I'm in the US and she's overseas but we always see each other from time to time for over a year now. If you can, at least, answer me with a yes or a no, I'll be more than happy..She's in the Philippines with no divorce still. Is there a way for us to be together, any chance at all?
i hav a married bf but at this time they are separated for two years now, her wife was the one who left their house. my question now is "wat are the legal grounds to file a case to nullify their marriage, because my bf now is planning to legalize our relationship because he is leaving soon for his work abroad and before he leave he wants a security and an assurance for us to be together again, i mean he wants to hav a baby with me… and im afraid about the legal action that her wife could possibly do if ever we hav our own baby…
I have a girlfriend in the philippines . We would like to get married . She is already married . What do we need to do . Can we get married with a legal separation . Does it have to be an annulment . What is the proper term for what we need to do . If I can get a response . It would give us an idea if we need to speak to a lawyer
I am a Canadian who got married in the Philippines in April this year. We did not consumate the marriage and now she is refusing to come to Canada as she had previously promised. Do I get a divorce or an annulment???? Please advise!!!!
I have a boyfriend who got married in the Philippines after they live together here in US and married for 5 yrs they decided to get divorce… if i to marry may boyfriend since philippines really dont consider divorce thats really mean that our marriage is not legal if we are to go back to the Philippines? * By the Way his ex wife already married to a Fil Am guy.
age 30, i m an indian, and currently living in india, i m married in india from last 10 years, now i m legal separated this time.
so can i get remarry in usa on behalf of my legal separation.
i want to be assue about it that the indian legal separation certificate is valid to remarry in usa or not
please give me help in this regards as soon as
Good day!i find thi site very helpful and informative.can you help me with this?i need legal advise.ive been married for 9 years kasi i was pregnant getting married with the man i dont love ng dahil sa kahihiyan i decided to get married labag man sa loob ko.since i m married i am not happy.is there any possibilities to have legal separation?i wanna leave him….is there a solution for this?hope you can help me this mam/sir.
Would you like my hourly rate?
can i ask your rate per hour?thanks mam.
It was meant as a sarcastic remark, Sam, because I know you're just spamming to promote your sleazy website. By the way, in case you haven't noticed, I've been deleting your URL. Now, I banning you altogether.
hello sir can i ask u one question i want to help can help me how i gat annulment and legal separation can give me your good responce and do me faver thanks
hello , sir / mam plese can help me we r mery 3 augest 2007 then we dont have any contact and any relastion so i need means we need devorce / legal separation so give me your good responce and help me thanks
hi. im 22, i have two kids and i'm married. me and my husband had been separated for several months. we had been together for 4 years, we just had our civil wedding last year, 2009. we are separated now for several months. i dont love him when we got married…so in short it was just for the sake of the kids. my question is….is my reason enough for our marriage to be annuled? thank you.
hello,
I was just looking an info how to get into divorce/annulment……i will be happy to hear from you….anyway i read some comments here as i see you are a private attorney…just hoping u will leave comments for me.thank you….
i’m separated almost 6yrs.
My ex husband now is living with her mistress and we have 4kids living w/ me.
He is happy with his new family and have kids w/ there own.
Yes he give an allowance w/ the kids but can’t afford them to go to collage ….,its just enough for there foods but sometimes not…
The question is …how about me?…i will tie to our marriage forever …cos there is no divorced in the PHIL?
I want to get out of our marriage to face a new life and re married again to the man i newly love!
But how?….i’m poor i can’t afford the annulment then …it is infidelity or my ex not perform as a husband to me…and what if not granted by court because infidelity is not valid reason as i read in this column…
For me marriage is a bond that should be kept if you can’t keep it don’t commit to it simple as that.
At the same time you have to understand how the Philippines functions or more importantly how its dysfunctional in many ways when it comes to love and marriage.
And its unfair to those unsuccessful marriage.
In my case my ex husband now is happily living w/ her mistress….so i deserve also to choose what i want to do in my life.
I want to re-married again.
If anyone here can help me(we were married in municipal mayor) ..i will be happy but i don’t have money to pay.
I just want to live happy and peaceful with someone i love now…but because i’m married its a hindrance to us,cos i want to make it legal to go into new relationship.
I hope there is someone here can help me!!
thank you