Annulment Process Philippines
Many are quite familiar of the word annulment, but on how it works is a totally different story. So, before one would wish to get an annulment and look for the best lawyer for annulment in the Philippines, certain preparations must be done first and this includes getting ample understanding on the annulment process philippines.
- Annulment petitioner and respondent. The wife or husband can be the petitioner while the other can be the respondents. And the estranged couple can file an annulment in a Family Court located in the place where the couple resided for the last six months prior to the filing. But it is also possible that the case may be filled in the court where the other party is a non-resident respondent. But before filing for a petition, the petitioner or the respondent must first look for the best lawyer for annulment in the Philippines to ensure that the annulment process is well taken cared of.
- Service and response of summons. After the filing of the petitioner, the respondent will be given a notice through the service of summons, which will be delivered to his last known address. If the responded could not be located, the summons will then be published. The response or answer of the summons, however, should be within 15 days from the date that the summons was served. If the service of summons was done by publication, the respondent must answer within 30 days.
- Investigation if there’s collusion. If the respondent failed to provide his answer of the summons on within the specified period, 15 or 30 days, the public prosecutor is then compelled to investigate if collusion between the estranged husband and wife exists. If no collusion was discovered, a pre-trial conference will follow suit, while a dismissal of the petition awaits those with collusion.
- Pre-trial and trial conference. This stage is when both parties, estranged husband and wife or the petitioner and respondent must come up with an agreement concerning major details like grounds for legal separation, concerns about child support, and jurisdiction of courts among others. Respondents must also be wary about this stage since the case may be dismissed once the petitioner failed to attend or appear during the pre-trial. However, the trial stage is when the grounds filed for the annulment is proved or opposed.
- Court decision and appeal. Once basis for the annulment was satisfied, the court will then release its decision. The decision, however, only becomes final once the 15 days notice to both parties already expired. The aggrieved party, on the other hand, can file for an appeal within 15 days.
- Liquidation, distribution or partition of assets, custody and child support and delivery of other agreement. These agreement shall take effect upon the entry of the court judgment.
- Issuance and registration of the decree of annulment. The decree issued by the court included the registration in the Civil Registry the judgment that grants the annulment. The agreement of the estranged husband and wife as to the partition and distribution of properties were registered, and also the delivery of child support.
Annulment Process Philippines
It is to note that the Best Lawyer for Annulment in the Philippines must register the annulment in the Civil Registry where the marriage of the estranged couple was registered and also registry in the office of the National Census and Statistics.
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