Annulment of marriage/ Declaration of Nullity of Marriage: 101 What is Declaration of Nullity of Marriage? Declaration of nullity is a decree from the Court wherein a marriage is declared void or not valid from the beginning. What is the difference between Declaration of Nullity of Marriage and Annulment of Marriage ? Declaration of Nullity covers void marriages while annulment deals only with voidable marriages. A void marriage means it does not exist from the start or its inception while a voidable marriage means that the marriage is valid until terminated by the court. How long does an annulment/nullity of marriage process usually take? The entire process could take less than a year or more, depending upon the circumstances. Do not believe that they can finish the process within 2 to 3 months it is only a marketing strategy. There are so many factors that could delay the proceedings like holidays, weather conditions, bulk of cases in court, and other uncontrollable factors. Do you need the consent of the of the wife/husband in order for the annulment /nullity of marriage to be granted? No. The signature and the consent of the other spouse in annulment/nullity of marriage is not required. In fact , collusion between parties is prohibited under the law. What is/are the grounds to annul/nullify your marriage ? Your case will be assessed and studied by the assigned lawyer Grounds for declaration of Nullity - A. Absence of any or all of the essential and formal requisites of marriage ;B. Article 35 of the Family Code; C. Article 37 of the Family Code; D. Article 38 of the Family Code; and E. Article 36 of the family code or psychological incapacity of one or both of the parties to fulfill the essential marital obligations.Grounds for Annulment - A. Article 45 of the Family Code; and Article 46 of the Family Code. Sometimes, getting out of marriage can be more expensive than getting into one. Personal Appearance is required. Petitioner is required to be present during: 1. During the psychological examination to determine whether one or both parties are psychologically incapacitated. 2. During investigation for collusion before the assigned Public Prosecutor. 3. During the Pre-trial 4. During trial for direct testimony. Mobile Number:+639294730927 Email: attykalibre@yahoo Yahoo Messenger id: attykalibre Viber: +639294730927
Posted on: Mon, 12 Aug 2013 01:06:18 +0000
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