There are a number of differences between legal separation and annulment/declaration of nullity. One of the differences, in terms of procedure, is the requirement of a “cooling off” period.
Continue reading“Is my divorce valid in the Philippines?” In reply to this common query, we usually point to the previous articles in this Forum or politely state that we can only give legal information, as legal advice is for clients only. However, given the changing jurisprudence on the matter, we find it helpful to summarize the evolution of the rules regarding the recognition of a foreign divorce decree in the Philippines.
Continue reading“SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. While the news article does not mention the title of the case, it’s clearly abundant that it refers to the 2015 case of Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015). Did the Supreme Court, in the case of Kalaw, “relax” the rules on petitions for declaration of nullity of marriage based on psychological incapacity? Let’s discuss this question and, at the same time, highlight ten matters that may be of interest to those seeking answers.
Continue reading[This is the full text of the Supreme Court’s Resolution in the case of Valerio E. Kalaw vs. Ma. Elena Fernandez, G.R. No. 166357, 14 January 2015, with Justice Bersamin as ponente. This is reproduced for academic reasons, for those who seek a more thorough understanding of the case. See also: The “Relaxation” of Rules in Declaration of Nullity of Marriage Based on Psychological Incapacity.]
Continue readingA petition for annulment may be denied for a number of reasons (see Grounds for Annulment of Marriage). We’ve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code:
Continue readingWe already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions.
Continue readingWe previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Let’s continue the discussion on these concepts:
Continue readingThis is part of the continuing installment of discussions on annulment of marriage or declaration of nullity of marriage. We cannot answer each question because of certain limitations. Related questions are lumped and discussed in general. Before posting a question, kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query.
Continue reading“I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid?” This is one of the discussions or questions, submitted through the comments in various posts, which centers on the validity of marriage without the knowledge or consent of parents. This is a general discussion on parental consent and parental advice.
Continue readingDivorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this. In certain instances, however, a divorce validly secured abroad may be recognized here in the Philippines.
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