Husband living in with another woman is not a ground for Annulment

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Husband living in with another woman is not a ground for Annulment

Atty. Barney, my husband left for Dubai to work on December 2016. Through a Filipino friend, I learned that he has now a girlfriend and that they are living together as if they are a married couple. What should I do? Can I file a case for annulment or petition for nullity of marriage? – Lorraine

You cannot file a case for annulment against your husband since engaging in an extramarital affair is not a ground for annulment.  The following are the grounds for annulment:

 

(1)  lack of parental consent for those below 21 years of age

(2) either party is of unsound mind

(3) consent of either party was obtained by fraud, force, intimidation or undue influence

(4) physical incapability of either party to consummate the marriage

(5) affliction of sexually transmissible disease found to be serious and appears incurable

 

A petition for declaration of absolute nullity of marriage may be filed based on any of the following grounds:

 

(1) contracted by any party below 18 years old

(2) solemnized by unauthorized officer

(3) solemnized without marriage license

(4) bigamous or polygamous marriages

(5) mistake in identity

(6) non-recording of the judgment of annulment or absolute nullity, the partition  and distribution of the spouses’ properties and the delivery of the children’s presumptive legitimes in the civil registry

(7) either of the party is psychologically incapacitated

(8) incestuous marriages

(9) void by reasons of public policy

Based on the facts you have given, you may opt to file a petition for legal separation due to sexual infidelity of your husband. This petition should be filed within five (5) years from the time of the occurrence of the ground.

On the other hand, Art. 356 of the UAE Penal Law penalizes two unmarried and unrelated persons of the opposite sex living together. A complaint must be filed with the Dubai Police and if proven, your husband and his girlfriend may be held criminally liable under UAE laws. They will be deported following their jail term.

Pera ng Customer

Atty. Barney, contractor po ang aking asawa. Sa halip na bumili ng materyales para sa project, ginamit nya ang downpayment para sa aming pamilya.  Hinahabol siya ngayon ng customer. Natatakot po ang aking asawa na humarap sa customer sa pangambang may kaso siya at ipakulong na lamang bigla. Ano po ang dapat naming gawin? Magkano ang piyansa kung siya ay makulong? – Cindy

 

Kung patuloy na magtatago ang iyong asawa, lalu lamang lalaki ang problema. Kailangan niyang makipag-usap sa customer upang mapagkasunduan nila kung paano maibabalik ang pera o maitutuloy ang project, alinsunod sa nilalaman ng kanilang kontrata.

Maaaring siyang sampahan ng civil at criminal charges kung siya ay magpapatuloy magtago. Upang di na umabot sa husgado o pulis, makabubuti na makipag out-of-court settlement sa kanyang customer. Kung siya ay natatakot, maaari namang “authorized representative” o abugado ang makipag negotiate para sa kanya. Ang piyansa ay depende sa halaga ng pagkakautang at mga alegasyong nakasaad sa kasong kanyang hinaharap.

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