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Pinabayaan ng asawa, gusto mo ma-annul kasal

Jane Abad
Jane is in Asia/Pacific Region

I'm Jane Abad. Matagal po ba ma-annul kasal namin ng asawa? Hiwalay po kami 6 years na. Binabayaan nya kami kasama mga anak ko. Ano po ba pwede ko gawin? Gusto ko sana ipaanul kasal namin. Please poh tulongan nyo ako.


Translation: My name is Jane Abad. Does it take a long time to get a marriage annulled? My husband and I have been separated for 6 years now. He abandoned me and our children and does not support us. What should I do? I would like to annul our marriage.



18, Apr 2015, 14:17 PM (PH time)
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Adelaimar C Arias-Jose
Atty. Bimbi is a Legal expert in the Philippines
Hello, Jane. You can surely file a case for annulment. However, I must caution you that the length of time that you have been separated from your husband is not a ground for annulment. Iisa lang naman ang ground for annulment sa ilalim ng Family Code at ito ay iyong makikita sa Article 36 -- psychological incapacity.

Ang psychological incapacity ay isang personality disorder -- hindi batid ng isang tao ang mga marital obligations niya. If you can prove that your husband's abandonment of you and your children is part of a psychological incapacity on his part, then you have grounds under Article 36.

Please consult a lawyer.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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