Collussion or agreement to annul marriage

Today, I receive an inquiry about annulment.

Here is the question:

"I wanted to use my maiden name again. I am separated for 5 years and my ex-husband already has a family of his own. We signed an agreement that both of us can already find partners of our own."

Much that I wanted to end her ordeal, what she said closed the doors for freeing her up. She is from the Philippines, and under the Philippine Law, divorce is not legally accepted. Legal separation though may be accepted but still she will be married to her husband even under the legal separation law.

Another thing, the agreement she mentioned do not free her from the marital tie. Actually, if you show that document in court, your petition for nullity will be denied.

The agreement is called "collusion". Meaning both parties agree or connive to dissolve their marriage. No psychological issue, this is how I think of it.

She cannot use her maiden name because up to this time, she is still legally married to her husband. The marriage of her husband to the other woman is therefore not accepted by law.

If she knows of any reason to annul her marriage, she should have done it by filing for nullity in court.

To help those who wants to seek nullity of marriage. Here are some known grounds for filing for nullity under the Philippine Law.

1. Marriage under 18 years of age.
2. Marriage solemnized without a license.
3. Polygamous marriages.
4. Force or intimidation
5. Fraud in obtaining consent
6. Inability to perform the duties of marriage including incapacity for sexual intercourse.
7. Insanity

There are other grounds you may think of but these are the grounds that the law specifically states.

So, for those who needs the relief of nullity, consult your lawyer. He is the best person to give you advice.

Divorce and Annulment Resource

Divorce, annulment and legal separation, it has been trying to get my attention for quite a long time now. I believe this is such a popular issue that many men and women are affected by this disease.

I felt remorse when I was trying to research a legal matter when I saw a posting of a woman battered by her foreign husband. I commented in the forum and gave her answers that I hope she was able to use to better her situation.

That happened almost 5 years ago. Since then, I never heard from this lady again. However, at least every two to three months I would get messages from women seeking either and annulment, legal separation or divorce.

I thought that this could be such a popular subject that I thought a blog on it will help people in that dilemma.

This is the back bone of this blog and I hope that people who need help i.e., advice, resource or just any information about divorce and annulment can get help with this blog.

I invite you to comment, ask questions and get back to the site from time to time for the latest tips that the battery of lawyers in my circle can provide.

Have a nice day and I hope I will be able to reach as many people wanting advice.

Josie P. de Dios
http://josie.dedios.googlepages.com/
http://www.travelwriters.com/josie_dedios