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Declaration of Nullity of Marriage
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Declaration o Nullity o Marriage
!"at is declaration o nullity o marriage based on psyc"ological incapacity# $"e most
common ground iled in Courts or t"e declaration o nullity o marriage is psyc"ological
incapacity% $"is means t"at at t"e time o t"e celebration o marriage and even beore&
one or bot" o t"e parties& was suering rom an incapacity t"at rendered "im or "er unit
to disc"arge marital obligations%
's t"e process long# ' you are t"in(ing o iling a )etition to declare your marriage null
and void& on t"e ground o psyc"ological incapacity& you s"ould start preparing or it
already% $"e process is not *uic(% 't mig"t ta(e at t"e least& a year& depending on a lot o
actors& li(e t"e calendar o t"e Court& t"e availability o witnesses& w"et"er your "usband
or your wie will contest t"e same and +ust "ow *uic( t"e )rosecutors issue orders and
,udges rule on t"e w"ole case%
's t"e process tedious# 't could be& but you "ave your lawyer to guide you% A competent
lawyer s"ould be able to guide you and ma(e you understand& in simple terms every step
o t"e process% Annulment cases& at least in our e-perience& are very .emotional.& in t"e
sense t"at during t"e irst meeting& usually t"e client stops in midsentence& sig"s and as(s
time to compose "imsel or "ersel%
Li(ewise& during t"e presentation o t"e client in Court& some tend to get aected& eit"er
because o nervousness as it is t"eir irst time in Court& e-citement or +ust because o t"e
emotions involved in telling your w"ole story about w"y t"e marriage did not wor(& and
w"y t"e Court s"ould grant t"em t"eir annulment% /r& it could be all t"at combined%
But t"e good news is t"at t"ey all came out o it alive& and went on to live t"e ne-t day& to
tell t"eir tale%
!"y s"ould you ile a )etition# As a client w"o "ad "er marriage annulled succinctly
puts it& .it elt li(e turning a new page in my lie% 0veryt"ing about t"at old problematic
marriage is done and over wit"& and ' can claim my independence again%. But more t"an
symbolic& a decree o annulment or nullity "as practical eects& li(e being able to remarry
and protecting your property rig"ts%
How do ' start t"e ball rolling# 1ou mig"t consider as(ing a lawyer& because t"e nature o
your marriage and t"e ground t"at may be relied upon or its nullity or annulment mig"t
be suc" t"at no .psyc"ological test. is re*uired% /t"er grounds in t"e Family Code mig"t
apply%
'n t"at case& you and your lawyer will save& time& money and eort% However& i t"e only
ground t"at you can use is psyc"ological incapacity& t"en it starts& wit" you giving your
lawyer a detailed narration o everyt"ing t"at too( place in your marriage% Ater t"at& it
will be evaluated and a psyc"iatrist or psyc"ologist will get into t"e picture% $"en& t"e
)etition will be iled in Court% $"e w"ole process s"all be ully e-plained to you%
!"o gets an annulment# Long2time practitioners and psyc"ologists say t"at previously it
was mostly t"e wives w"o petition or annulment% Currently "owever& more and more
"usbands are iling or one%
How costly is an annulment procedure# Clients s"ould be given reasonable ee structure%
/t"er costs "owever& outside legal ees& would include ees or t"e psyc"ologists& iling
ees& and out2o2poc(et e-pense& w"ic" oug"t to be e-plained to you in detail beore
commencement o any legal wor( or you% !"en it comes to money matters& everyt"ing
s"ould be upront& at arm3s lengt" and costs s"ould be e-plained clearly and concisely%
/ne inal note% !e "ave "eard o unscrupulous individuals promising clients annulment
processes& o minimal ees& wit" no "earings and appearances and only wee(s or a ew
mont"s beore t"e same is granted% )lease proceed wit" caution% An annulment process is
a ull2blown case& wit" "earings and appearances% Alt"oug" appearances could be
minimi4ed and ways adopted to ma(e sure t"at your appearance would it into your
sc"edule& it is practically impossible to "ave a legal and legitimate annulment process&
wit"out you appearing in Court%
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