Das Kind wurde erst nach dem letzten Hearing geboren und somit nicht als Beweis während des Prozesses verwendbar. So wie es aussieht bekommen wir nächste Woche die Geburtsurkunde. Ich denke wenn die Richterin dann immer noch meint, die Ehe hätte noch Bestand, lehnt sie sich schon sehr weit aus dem Fenster.
Ich glaube, du hast das System "Annulment" nicht verstanden?!
Annullierung heißt, dass die Ehe ab initio nicht gilt! Nicht was in der Ehe passiert ist! Das ist KEIN Scheidungsverfahren!
Les Dir das durch dann verstehst Du es mehr!
Top 5 FAQs About Annulment in the Philippines: New and Updated
Annulment is a broad term for two types of dissolving a marriage in the Philippines. The first type is the “annulment” in the strict sense of the word and presupposes a valid marriage but voidable for reasons like impotence or having an incurable sexually transmitted disease. The second type are void marriages like minority (under 18) or lack of a marriage license. Generally, the distinction between these two types of dissolution of a marriage hinges on their consequences. A voidable marriage is valid until annulled, and thus will have legal effects after the annulment. A void marriage, on the other hand, is void ab initio or from the very beginning. To illustrate, children born of a void marriage are generally illegitimate while children born of a voidable marriage are considered legitimate. A void marriage cannot be cured, for example by the cohabitation of the spouses after the celebration of the marriage while a voidable marriage can be cured by cohabitation.
3) WHAT ARE THE GROUNDS FOR ANNULMENT IN THE PHILIPPINES?
While there are other grounds for annulment or a declaration of nullity of a marriage like minority (under 18) or lack of a marriage license, which are very straightforward, we will focus for this article on psychological incapacity.
What complicates the annulment process in the Philippines is the legal requirement of psychological incapacity as a ground to sever the marital ties.
The Supreme Court of the Philippines has given psychological incapacity a very wide meaning. Since the law was based on Catholic Canon Law, annulment lawyers in the Philippines often cite the following illustrative instances of psychological incapacity, such as drug addiction, lesbianism, homosexuality, habitual intoxication, absence, failure to support, among others.
The Supreme Court has often required that the above instances are not exclusive and must be taken together in the determination of psychological incapacity, which has been defined generally as the failure of one spouse to comply with his or her marital obligations . The Court has also required that the psychological incapacity must be based on antecedent facts, meaning that it must have existed prior to the celebration of the marriage, must be serious although not necessarily clinical, and must be incurable.
In one recent case which departed from its more hawkish approach to annulments, the Philippine Supreme Court reconsidered its earlier decision in the same case to deny an annulment and eventually granted the Petition for Nullity filed by the husband against the wife for playing too much mahjong and inordinately vising the beauty parlor. (Kalaw vs. Fernandez, GR No 166357 ,14 January 2015, 745 SCRA 512, 554;).
Opinion has been advanced that this case constitutes a de facto divorce in the Philippines. (Relative Impermeability of the Wall of Separation: Marriage Equality in the Philippines, Raphael Lorenzon Aguiling Pangalangan, Asian Journal of Comparative Law, Volume 13, Issue 2, December 2018, pp. 415-446, ).