THE FIRM ATTORNEY PROFILES PRACTICE AREAS CLIENT EXTRANET LOGIN
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Primary Contact

316 Mile Long Building

Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

 

Office Hours

9:30AM to 5:30PM PH Time

Monday - Friday

 

www.gtalawphil.com

             
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

ANNULMENT 101:  Philippine Annulment Law Made Easy

 

 

LESSON VI: SOLUTIONS FOR PETITIONERS WORKING OVERSEAS
 

For a start, we suggest that you read our article regarding the step-by-step procedure for annulment of marriage. We are sure you will find this very useful and informative. Please see the article here.

Q. I am planning to file an annulment case but I would like to know if my marriage was recorded. How will I do this?

GTALAW: You can check with the Local Civil Registrar of the place where where your marriage was solemnized. You can also go directly to the NSO at East Avenue, Quezon City. You can also request for a copy of your marriage contract on-line through NSO website here.

Q. Can I file the Petition for Annulment of Marriage even if I am working or residing overseas?

GTALAW: Yes. The New Rule allows a Petitioner who is currently residing overseas to file the Petition in the Philippines.

Q. If this is so, how do I file the Petition?

GTALAW: As your lawyer in the Philippines, we will send you a copy of the Petition by e-mail. You can download the Petition in word format and print copies and sign it afterwards. After signing the Petition, you have to have this notarized and authenticated at the nearest Philippine Embassy in your area. After the Petition has been authenticated, send it back to us preferably by courier for filing with the court.

Q. Where do we file the Petition?

GTALAW: The petition shall be filed in the Family Court of the province or city where you or your spouse has been residing for at least six (6) months prior to the date of filing of the Petition, or in the case of a non-resident respondent-spouse, where he/she may be found in the Philippines. But you still have the option to file it at the place of your residence.

Q. What if my husband is outside the country or cannot be found in the Philippines. How do we go about it?

GTALAW: Your Petition needs to be published in the newspaper of general circulation once a week for three consecutives weeks. This is necessary so that the Court can acquire jurisdiction over the person of your husband and the petition can proceed even in his absence.

Q. Do I need to come home to attend the trial?

GTALAW: Yes, you have to come home to attend the trial especially during the pre-trial conference. Your Petition will be dismissed if you fail to attend the pre-trial conference. However, your non-appearance during pre-trial conference will be excused if you can give a valid reason like sickness.

Q. What are the stages of the trial where my presence in Court is necessary?

GTALAW: Your presence in court is absolutely necessary during pre-trial conference and during the time when you have to give your oral testimony. So it appears that you have to appear in Court at least twice.

Q. It is very difficult for me to leave my work, not to mention that it is also too expensive to come home just to attend the hearing on my Petition. Is there a way for me not to attend the trial?

GTALAW: None. You have to attend the trial. But we can try to schedule your testimony immediately after the pre-trial conference. This will minimize your travel expenses because you only have to come to the Philippines at least once.

Q. If I am the one filing the Petition, do I still need to take a psychological test?

GTALAW: Yes, you have to take the test because the psychological report is the very foundation of your Petition. In the psychological test, our resident psychologist will determine the psychological incapacities of your husband or as the case may be, your psychological incapacities. We usually recommend that you take the test prior to the filing of the Petition.

Q. Do I need to come home just to take the psychological test?

GTALAW: No.You need not come home to take the test. For purpose of filing the Petition, our resident psychologist will take your psychological testing on-line or through the internet. You will undergo a confirmatory test when you are already here.

Q. Is there a guarantee that my marriage will be annulled if I file the Petition?

GTALAW: No, there is no guarantee. The success of your Petition will always depend on the strength of evidence that we will present in Court.

Q. How do I track down the status of my case once it is already filed?

GTALAW: Our Firm has an on-line client extranet.We shall create an on-line database of your case once you become a client of our Firm. You can track down the status of your case at our secured extranet anytime, anywhere using your username and password. You can also download filed copies of your Petition and other court documents in our database.

Q. Are there any other concerns that I have to consider?

GTALAW: You have to further consider the custody and support of your children and separation of your absolute community properties, if any.

Q. Can I file a divorce case here in the U.S.?

GTALAW: Yes, you can but it will not be valid here in the Philippines. Our laws do not recognize foreign divorce instituted by Filipino citizens. You still have to file an annulment case before Philippine courts to annul your marriage.

Q. I am an American citizen. I have an existing marriage with a Filipina in the Philippines. I wanted to end the marriage already. Do I need to file a Petition for Annulment before Philippine Courts?

GTALAW: No need to file the case. You can file a Divorce in the U.S. instead. The Divorce decree will also be recognized in the Philippines allowing your Filipina wife to re-marry. The pertinent law is Article 26 of the Family Code.

 

 

:: Related Topics

 

Lesson I: Annulment of Marriage

 

Lesson II: Declaration of Nullity of Marriage

 

Lesson III: Issues About Marriage License

 

Lesson IV: Issues About Psychological Incapacity

 

Lesson V: Court procedure and evidence to prove psychological Incapacity

 

Lesson VI: Solutions for Petitioners Working Overseas

 

Lesson VII: Issues after the issuance of Annulment Decision

 

Lesson VIII: Divorce obtained by former Filipino citizens

 

Lesson IX: Our Fee Structure

 

 

 

 

 

 

       
     

 

COURT DECISIONS

Read latest decisions of the

Supreme Court on Nullity

of Marriage

 
   

Contact Us

         

     

 

GETTING STARTED

How to file a Petition for

Annulment or Declaration

of Nullity of Marriage?

 

Annulment Main

             

 

ANNULMENT PROCEDURE

Step-by-step procedure in

filing a Petition for Nullity

Nullity of Marriage

 
                   
             

 

ANNULMENT LAW

Read the Rule on

Declaration of absolute

Nullity of void Marriages

and Annulment of void

Marriages

 
                     
                       
                         

 

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Guzman Taņedo & Acain Law Offices
316 Mile Long Building, Amorsolo Street, Makati City, Philippines - Telephone: 894.14.41; Telefax: 812.42.96

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