Annulment Complications Philippines
Psychological Incapacity and Grounds for Annulment
The Family Code of the Philippines sets forth several grounds upon which a marriage may be annulled, with psychological incapacity being one of the most commonly cited. The interpretation and application of psychological incapacity as a ground for annulment remain subject to judicial discretion. It's crucial to present concrete evidence to substantiate claims.
Adultery, Concubinage, and Annulment Cases
Having another partner while still legally married can lead to complications in an annulment case. In the Philippines, adultery and concubinage are criminal offenses and can be used against a party in family law proceedings. It's worth noting that such issues can make the proceedings more contentious, elongate the process, or potentially affect the court's decision.
Impact of Long-term Separation
If the parties have been separated for an extended period, the court may consider it relevant when assessing psychological incapacity or other grounds for annulment. However, long-term separation alone is not sufficient to substantiate psychological incapacity or other grounds for annulment under the Family Code.
Financial Considerations
While the court evaluates the grounds for annulment, it also scrutinizes the couple's assets and liabilities for equitable distribution. Having another partner may or may not affect this distribution but could raise questions regarding marital waste or dissipation of assets.
Child Custody
The moral character of each parent may be assessed in determining child custody. Having another partner while an annulment case is ongoing may affect the court's judgment on custodial arrangements.
Recommendations
Legal Counsel: Engage the services of an experienced family law attorney who can navigate the complexities of annulment proceedings.
Evidence: Collate all evidence to substantiate the grounds for annulment, including psychological evaluations, witness statements, and other documents.
Financial Statements: Prepare a detailed account of all marital assets, liabilities, and individual income streams.
Transparency: Be upfront with your attorney about all potential complicating factors, including having another partner, to better strategize your case.
Conclusion
Though the annulment process in the Philippines is often complex and taxing, knowing how different factors like having another partner can impact your case will help you make more informed decisions. Always consult with a qualified legal professional for advice tailored to your situation.