Ikinasal ako thru Marriage for convenience last February 1995. Marriage not consumated po ang case namin. Kasi after 6 months, naglaho po siyang parang bula, hindi na sya nagparamdam. Tulungan nyo ako paano mapawalang bisa ang kasal?
Atty. Bimbi
is a Legal expert
in the Philippines
I don't understand it. You were married, here in the Philippines? Were you both Filipino citizens? And the marriage was not consummated? Meaning, you did not have sexual intercourse? After your spouse left and was never heard from again, did you have any sexual relations with anybody else?
Well, I read a similar case a long long time ago. The spouses got married but although they lived together, they did not engage in sexual intercourse. This was the ground for the annulment of the marriage, that the spouse (who did not want to have sexual intercourse with the petitioner) did not understand and did not fulfill the essential obligations of the marriage (love and respect and sexual intimacy are obligations of marriage).
The thing was, the parties did not wait for 21 years. The petitioner instituted the petition for annulment within six months of the marriage when it was clear that the other spouse would not have sexual intercourse with her -- it really was no marriage at all. The petitioner (a woman) was found to still be a virgin -- proof that she has had no sexual intercourse with her spouse even though they were married and cohabited for six months under one roof.
In your case, 21 years have passed. Although it is true that since your spouse has not cohabited with you and has not had any sexual intercourse with you, I cannot be sure if you have the same kind of evidence that would prove that you really had no sexual intercourse with your spouse and the marriage was a sham, and not really consummated. If not, then, your ground will only be that you have been abandoned and your spouse has not supported you or cohabited with you (these are allegations that are difficult to prove).
It would be best to consult a lawyer so that you can explore the possible evidence you can present in case you do decide to file a petition for annulment.
Well, I read a similar case a long long time ago. The spouses got married but although they lived together, they did not engage in sexual intercourse. This was the ground for the annulment of the marriage, that the spouse (who did not want to have sexual intercourse with the petitioner) did not understand and did not fulfill the essential obligations of the marriage (love and respect and sexual intimacy are obligations of marriage).
The thing was, the parties did not wait for 21 years. The petitioner instituted the petition for annulment within six months of the marriage when it was clear that the other spouse would not have sexual intercourse with her -- it really was no marriage at all. The petitioner (a woman) was found to still be a virgin -- proof that she has had no sexual intercourse with her spouse even though they were married and cohabited for six months under one roof.
In your case, 21 years have passed. Although it is true that since your spouse has not cohabited with you and has not had any sexual intercourse with you, I cannot be sure if you have the same kind of evidence that would prove that you really had no sexual intercourse with your spouse and the marriage was a sham, and not really consummated. If not, then, your ground will only be that you have been abandoned and your spouse has not supported you or cohabited with you (these are allegations that are difficult to prove).
It would be best to consult a lawyer so that you can explore the possible evidence you can present in case you do decide to file a petition for annulment.
Yes Atty Bimbi, we were married in the Philippines and on that same day, he went back to States. I don't know if he's already a citizen during that time. No kiss, no intercourse and definitely no children because I only met him on the 17th Feb, we got married on the 20th, 21 years ago. We only had communication for six months after he left, after that, I don't know his whereabouts, his contact number or where he lives abroad. He totally abandoned me. Until now, he doesn't have any intention of getting back to me or even to contact me. Its difficult to find someone who doesn't want to be found. And in case I want to file an annullment, is it possible if its just me? I know it not possible, then there goes my problem.
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