Annulment costs and conjugal properties – Katrina Legarda
Joekerr
Good pm Madam Katrina Legarda, before I'll start my queries I just
want you to know that I admire your strong personality and
intelligence. To start with, I’m planning to file for an annulment
case with my husband; we separated 6 yrs. ago as in we're not living
together anymore. My big problem is the huge fee for filing it because
I don't have enough money for that. May I know the approximate
standard cost for an annulment case, from the beginning until the case
is finish? Secondly, what if he don't want to cooperate with the case
is there a possibility that the said case will take a long period of
time? How long usually this kind of case last? In the case of our
properties what if he doesn’t want to give me my share? Hoping for
your reply. Thank you so much.
Hello, “Jane,”
It amazes me that no matter how often I write about marital matters,
letters like yours continue to come in! Anyway, you want to know about
the costs and procedure of a petition for nullity of marriage. You
must go and see a lawyer, a family lawyer.
If you are certified by your barangay and the DSWD to be an indigent,
you can ask the court to allow you to litigate as a pauper. This means
that you will be exempt from filing and other court fees. Note,
however, that if you have properties, you will not be considered a
pauper. What you can do is to ask the lawyer to file a motion with the
court to be given time to pay the filing fees due. Some courts allow
this. It is not cheap to marry; and it is certainly not cheap to have
that marriage declared void.
If you are an indigent, the Public Attorney’s Office (or PAO) can
handle your nullity case. Otherwise, you may want to check out the
services of the nearest Integrated Bar of the Philippines (IBP)
office. There is usually one in the city hall. If you live near the
University of the Philippines, you may want to ask at the Office of
the Legal Aid located in the College of Law. All these agencies will
first determine your ability or inability to pay legal fees.
If you are one of the millions who are neither impoverished nor rich,
then I am afraid you will have to go to a private lawyer. Their costs
vary, and you get what you pay for. Some lawyers require an up-front
fee which they say will include the whole case. Others will require an
acceptance fee, fees for meetings and hearings attended costs of
litigation, and other fees. Others will charge you at the end a
percentage of the value of the property you may be given. Go to one
you trust. Ask the IBP to recommend one for you.
Make sure that whoever lawyer you choose, you insist on a written
contract that states the fees and the services to be rendered. Make
sure you understand what you are signing. And to answer your question,
you better prepare at least P100,000.00 for your case.
As for your conjugal or community propriety, if you and your husband
fight bitterly over properties, you can expect to stay in court for
years, thereby escalating your legal fees. It is best that you settle
this matter before you file in court. If you can’t, the court will
require you both to undergo mediation. If that is unsuccessful, you
will have to prove many things, like ownership, possession, titles,
and so forth.
The only way you will not be given your share in the conjugal or
community property is if you cannot prove that these properties belong
to you and your husband. Make sure you have all documents ready to
prove your claims. There is no such thing as “he said, she said” when
you are trying to have property placed in your name.
Good luck.
paula...@gmail.com
Dear Madam Atty: Katrina Legarda,
I have the same problem po, I was Married June 13, 1994 and
separated Aug.18, 1997 just after I gave birth to my youngest son from
this man, he had mental problem then and was in UERM Psychiatric ward
for months and he even tried to hostage my eldest son then so that
they can release him but I manage to convince him to give me back my
son, Since then for almost 12 years now we never been connected nor he
helped me with the child support and now I have two other children out
of wedlock and the hindrance is always me not able to get married then
man I was with years and years later.. so now I ended up having 5 kids
and still stuck with that marriage 12 years ago. I can not afford to
pay for the annulment or even the lawyers fee as I am now the only one
supporting my 5 children that all goes to school. I can say I have
been a good mother to my kids as they are all studying in private
school, eat food they want and clothes to wear.. But I don't even have
savings for my own sake in the future. All I think right now is the
kids well being.. I have been a battered wife back then both my ex-
husband and his family hurts me and blamed me for him being mentally
ill..was abuse physically and verbally with my past relationship after
that marriage also. Now I am alone but still don't feel like free at
all.. Psychologically its affecting me.. He is now living with other
woman whom they have a 2 years old daughter and he is still jobless...
so since the day I left him until now I didn't receive any centavo
from him to help me out with the children.. Is there any hope for
someone like me to be able to be really free from this marriage?? I
was married to him at early age due to the fact that it was a teenage
impulse decision to run away from a very abusive home. Which was
physically, mentally, sexually abused..I got no one to talk to... I
have no place to run...Bantay Bata came later...and I wasn't freely
decided to marry the guy but my father wants me to marry him. to run
away from whatever he was responsible of doing us so his escape if to
let me marry this man I ran away with..I only wanted to run away but
didn't ran away to marry the man..Only for me to find out my life will
be more worst than what I already have.. My children don't know
anything about this in my life and I don't want them to know...But I
live life as if all those didn't happened to me as I want to move
forward for the kids sake but this early marriage that locked me up
from the past brings it to life everyday.. Is there a hope for me in
legal ways? As I said I don't have money to pay lawyers or anything..
The father of my kids don't help me financially as I have not oblige
them to do so.. first is the man I married 15 years ago but been
separated for almost 12 years is job less.. then the father of my
older kids are not helping me too..So I am really helpless.. Thank you
so much Madam...
Just call me Paula Lee.. which is not my real name... but if theres
anything.... you can email me back and I can give you my real name and
real email.. I just created this account so I will remain anonymous to
others... Thank you again Ma'am..
