Declaration of Presumptive Death

Adventure_Junkie- Did you get an annulment? or are you going to use the Presuption of Death Declaration for your K1?

Problem is that I suspect the Embassy will be very suspicious since there are people out there that fake this. This is just a simple out. The Phil Government can certainly do a SSN search or even do an NSO querie to see if the other is actually dead. Just a thought

Maybe before we start this debate all over again people who are interested should actually READ the Article.

Article 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)



ducecoop

Thanks for getting in touch with me adventure junkie..but hoping the now already a six months process which used to be previously only 45days will be once again granted.


any other quick options for annulment proceedings?

Originally Posted by ducecoop

Presumption of death is not the primary objective.
It is an avenue to annulment.
It is not the US Embassy concern how the annulment was arrived at – only that it is a legal annulment.
Now that I have just defended this as a possible approach, you should consider that this is a rarely used method of Annulment so I cannot attest to its success rate or the competence of attorney�s who approach the bench with this defense or Judges who hear this defense. The few cases I have heard of were successful and for much less money and it a much shorter period of time.


ducecoop

Could you inform me..how short is the shortest period of time you've heard from those people out thre?

I would really hope to rub elbows with those people!

I beleive under 3 months.
Talk to your attorney.

ducecoop

Originally Posted by ducecoop

I beleive under 3 months.
Talk to your attorney.

ducecoop

I did already consulted to 3attorneys since way back year 2000 after that bad marriage..i was technically out of the relationship since Dec 6,1999.

do u have any idea which technical part with those 3months annulments?

Is my last option with adventure junkies' advice?

I really needed more advice on this..
I dont have much time since i felt a bit discouraged about the attorneys-at-law before..

I also believe in fate and instinct that i needed to file it asap!

Help me dear members..

Do you know where your husband is?
Have you had any cotact with him over the last 4 years?

If you can answer yes to either of those questions then this is probably not an option for you.

I am not an attorney nor am I educatiod in Filippino law so I can not really advise you more then the information I have provided.

I do not know anything about your particulars or why you wich to persue this approach.

ducecoop

Originally Posted by ducecoop

Do you know where your husband is?
Have you had any cotact with him over the last 4 years?

If you can answer yes to either of those questions then this is probably not an option for you.

I am not an attorney nor am I educatiod in Filippino law so I can not really advise you more then the information I have provided.

I do not know anything about your particulars or why you wich to persue this approach.

ducecoop

No..i havent seen him for the past 5years..his previous residence was already taken over by the gov't.

He was into doping and very dangerous before...

Now that he is nowhere to be found..

Like everyone else here..I deserve to have a good and normal life.

Originally Posted by ducecoop

I beleive under 3 months.
Talk to your attorney.

ducecoop

Probably no attorney in the Philippines would take an annulment case for only 3months unless he had gathered a bunch of clients to make a fast buck.

This is one of the reasons it is not used very often. It is short and simple. Much less $$$ for the attorneys



ducecoop