Filing for Annulment and Dissolution of Absolute Community Regime in the Philippines

Question:

The client needs to file an annulment case and is interested in pursuing the dissolution of the absolute community regime of property. What steps should they take?

Answer:

Annulment Procedure:

Consult a Lawyer: Discuss the grounds for annulment under Philippine law to assess if your case has merit. Psychological incapacity is the most common ground.
Prepare Documents: Your lawyer will help you gather necessary documents like marriage certificates, psychological assessments, etc.
File the Petition: Submit the petition to the appropriate Family Court.
Trial and Decision: The court will set a trial, and if the grounds are proved, an annulment will be granted.

Dissolution of Absolute Community Regime:

Identification of Assets: List all properties acquired during the marriage, as these are presumed to be part of the absolute community unless proven otherwise.
Inventory of Debts: Similar to assets, all debts incurred during the marriage are presumed to be communal.
Court Petition: Your lawyer will include the dissolution of the absolute community regime as a prayer in the annulment case or file it as a separate petition.
Partition: Assets and liabilities will be divided equally between the parties, unless a different agreement is reached.

Interplay Between Annulment and Dissolution:

If the annulment is granted, the court will typically also issue an order regarding the dissolution of the absolute community regime of property.
An agreement for separation of property can be done and approved by the court even before the annulment is finalized, subject to certain conditions.

Points to Consider:

If the annulment is not granted, the absolute community of property will continue to exist unless a legal separation case dissolves it.
Accurate documentation is key for both annulment and dissolution procedures.

Disclaimer:

This article is intended for general informational purposes and should not be construed as legal advice. Consultation with a legal expert is highly recommended for case-specific advice.