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 VII: ISSUES AFTER THE ISSUANCE OF ANNULMENT DECISION
 

Q. Am I allowed to get married immediately after issuance of the Court Decision on my annulment case?

GTALAW: Not too fast. The Law says that you have to wait for the issuance of the Decree of Annulment. Otherwise, your second married is also invalid.

Q. The Court has already issued a Finality of Judgment on my Annulment case. Apparently, the Solicitor General did not file an Appeal to the Court of Appeals anymore. Can I get married already? How do I get the Decree of Annulment?

GTALAW: Not yet. The New Rule says that you have to register the Entry of Judgment in the Local Civil Registrar of the place where your marriage was solemnized and in the Local Civil Registrar of the Place where the RTC Court which issued the Entry of Judgment is located. If you can show proof to the RTC Court the that registration of the Entry of Judgment in the Local Civil Registrar has been done, it will issue you a Decree of Annulment.

Q. My lawyer told me that before I can get married again, I also need to

show proof to the RTC Court that our common properties mentioned in the Decision have been transferred in the name of our children. Is this true?

GTALAW: Yes, your lawyer is correct. The law says that partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property. Otherwise, your second marriage is also void.

Q. What are the effects of the annulment of my marriage in so far as our common properties, inheritance, and children are concerned?

GTALAW: The effects are as follows:

1. Children conceived or born before the issuance of the Entry of Judgment shall be considered legitimate.

2. The spouse who contracted the marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor:

a. of the common children; or
b. if there are none, the children of the guilty spouse by a previous marriage;
c. in default of children, the innocent spouse;

3. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and

3. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse.

 

:: 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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