You will be accomplishing the questionnaire below for initial consultation and assessment purposes. After the initial consultation, we will review the facts and the legal issues, and undertake a conflicts check. We will contact you usually within 48 to 72 hours to further discuss the facts, review the documents you will provide, and provide you a proposal for legal services. If we cannot advise or represent you because of a conflict of interest, we will inform you via phone call or e-mail that we will be unable to provide representation. In such a case, the information you have provided to us will remain confidential. We may refer you to another lawyer.

Annulment and Declaration of Nullity of Marriage Questionnaire

    WHO IS THE PETITIONER? HusbandWife

    PETITIONER'S BASIC INFORMATION

     

    Full Name (Required)

    Maiden Name (If applicable)

    Date of Birth (Required)

    Nationality (Required)

    E-mail (Required)

    Phone (Required. Place numbers only. Do not include special characters.)

    Occupation (Required)

    Religion

    Permanent Address (Required)

    Present Address (Required)

     

    RESPONDENT'S BASIC INFORMATION

     

    Full Name of Spouse (Required)

    Spouse's Maiden Name (If applicable)

    Date of Birth of Spouse (Required)

    Nationality of Spouse (Required)

    E-mail of Spouse (If known)

    Phone of Spouse (If known. Place numbers only. Do not include special characters.)

    Occupation of Spouse (If known)

    Religion of Spouse (If known)

    Permanent Address of Spouse (If known)

    Present Address of Spouse (If known)

    PRELIMINARY MATTERS: MARRIAGE

     

    The first step to getting your marriage annulled or declared a nullity is to identify the ground you can prove in court.

     

    The declaration of nullity of marriage applies to marriages that are null and void from the beginning (void ab initio), due to the absence of at least one of the essential or formal requisites of marriages. It is convenient to classify these void ab initio marriages into five categories: (a) void marriages due to lack of requisites (Family Code [“FC”], Article 35); (b) void marriages due to psychological incapacity (FC, Article 36); (c) incestuous marriages (FC, Article 37); (d) marriages against public policy (FC, Article 38); (e) bigamous marriages (FC, Article 41); and (e) void subsequent marriage, when one of the spouses remarry without complying with the recordal requirement of the judgment of annulment or absolute nullity of the previous marriage, etc. (FC, Article 52 and 53).

     

    The declaration of nullity of marriage is distinguished from the annulment of marriage, which considers the marriage valid and existing until it is annulled. The grounds for annulment of marriage must have been existing at the time of marriage, and include lack of parental consent (FC, Article 45[1]), insanity (FC, Article 45[2]), fraud (FC, Article 45[3]), duress (FC, Article 45[4]), impotence (FC, Article 45[5]), and serious and incurable sexually transmissible disease (FC, Article 45[6]).

     

    The requisites for each of the aforementioned grounds are more specifically described in the Family Code and in cases decided by the Supreme Court.

     

    We will be asking you the questions below to determine the possible ground for the declaration of nullity or annulment of your marriage.

     

    Date of Marriage (Required)

    Ages at time of marriage (Required)

    Place of Marriage (Required)

    What type of solemnizing officer officiated your marriage ceremony?Municipal/City Mayor within his/her jurisdictionJudge within his/her jurisdictionMilitary Commander, Chief of Airplane or Captain of the ShipReverend/Pastor, Minister, Priest, Imam, or Rabbi of any church or religious sect

    Did both of you personally appear before the solemnizing officer? If NO, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Were there two witnesses of legal age during your marriage? If NO, please provide details in the "Remarks/Additional Details" portion below.YesNo

    If either spouse was between 18-21 at the time of marriage, did the parents of such spouse (who was between 18-21 years old at the time of the marriage) give their consent to the marriage? If NO, please provide details in the "Remarks/Additional Details" portion below.YesNoNot Applicable

    Are you "related" to Respondent other than by marriage? Answer "Yes" if your relationship falls under any of the following: (i) ascendant/descendant of any degree: (ii) brother/sister; (iii) collateral blood relative up to fourth civil degree; (iv) step-parent/step-child; (iv) parent-in-law/child-in-law; (v) surviving spouses of adopting parent/adopted children; (vi) adopted child/legitimate child of the adopter; or (vii) adopted children of the same adopter. If YES, please provide details in the "Remarks/Additional Details" portion below.YesNoNot Sure

    Were either spouse known to be of unsound mind at the time of the marriage? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Did either spouse fail to disclose to the other spouse a previous conviction by final judgment of a crime involving moral turpitude? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNoNot Sure

    Did the wife conceal the fact that at the time of the marriage, she was pregnant by a man other than her husband? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Did either spouse conceal a sexually transmissible disease (STD) that was existing at the time of marriage (regardless of curability or severity)? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Is either spouse afflicted with a serious and incurable STD (regardless of concealment)? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Did either spouse conceal a drug addiction existing at the time of the marriage? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Did either spouse conceal a habitual alcoholism at the time of the marriage? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Did either spouse conceal homosexuality or lesbianism existing at the time of the marriage? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Were either spouse coerced to enter into the marriage by force, intimidation, undue influence, or duress? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Were either spouse physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    Was the marriage arranged? If YES, please provide details in the "Remarks/Additional Details" portion below.YesNo

    What specific conduct of the other spouse do you believe constitutes grounds for the declaration of nullity or annulment of marriage based on psychological incapacity? (Required. Enter "Unknown" if you are uncertain.)

    Were either or both of the spouses previously married at the time of your marriage? If YES, please answer the questions under "Prior Marriages" below. YesNo

    PRIOR MARRIAGES (If applicable)

     

    How many prior marriages have been previously contracted by either or both spouses and how were such marriage/s terminated?

    Was a previous marriage subsisting at the time you married Respondent? YesNoNot Applicable

    If the previous marriage is no longer subsisting (because it was terminated or annulled), has the properties been partitioned/distributed already? YesNoNot SureNot Applicable

    STATUS OF FAMILY AND MARITAL RELATIONS

     

    Please indicate the names and dates of birth of your common child(ren), and who presently has custody of your minor common child(ren). (Required. Please answer "N/A" if you have no common children.)

    Are your and your spouse presently separated? YesNo

    If separated, since when have you and your spouse been separated? (Required. Please estimate if exact date is unknown)

    What do you expect your spouse to contest or oppose in your petition?(Required) My spouse will oppose the declaration of nullity/annulment of our marriage.My spouse will oppose the property division.My spouse will oppose the custody/visitation of our common children.My spouse will ask for support.My spouse will oppose my prayer for support.My spouse will NOT oppose the petition.

    Has either of the spouses previously filed a case for annulment/nullity or legal separation, or consulted lawyers in connection with problems of this marriage? If yes, please provide details in the "Remarks/Additional Details" portion below. YesNoNot Sure

    What actions or omissions of the other spouse caused you to seek legal advice at this time?

    REMARKS/ADDITIONAL DETAILS

     

    FILES

    1. Copy of one (1) valid ID. (Max. file size: 500KB | Accepted files: jpg | jpeg | png)

    2. Copy of Certificate of Marriage. (Max. file size: 500KB | Accepted files: jpg | jpeg | png | pdf)

    CONSENT

    Privacy Policy

    The Salma F. Angkaya-Kuhutan Law Office (“SAKLAW“, “we”, “our”, or “us”) is a general law practice that provides a broad range of legal counseling and representation services in the Philippines (the “Legal Services”). We are committed to protecting the privacy of information that has been entrusted upon us. This includes information that directly or indirectly identifies individuals, who may be clients, employees, or others outside of SAKLAW (“User”, “you”, “your”, “yours”) including those who visit or use this website (saklawph.com) and our social media sites, and those who communicate with us through email, our contact forms, or our social media sites (collectively, the “Internet Services”).

    This Privacy Policy explains our online information practices, the choices you can make and the controls that you have about the way your information is collected. This Privacy Policy also describes how we collect, process, and disclose such information in connection with the provision of the Legal and Internet Services.

    Collection and Use of Your Information

    We receive the following information, including personal information (collectively, the “Information“) from Users:

    • Information provided to us when communicating with us through this website, which we collect through our contact forms or which we receive through your comments on any of the articles posted in this website:
      • Name
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      • Name
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      • Any other information contained in your message or inquiry
    • Information provided to us when you communicate with us through our social media sites, which may include the following:
      • Your social media account user name
      • Any other information contained in your message or inquiry

    By visiting this website, sending a query using our website’s contact form, communicating with us through the email address or other contact information in this website or our social media sites, you consent that we may collect, process, use, and disclose your Information for the following purposes:

    • Contact you and respond to your message or inquiry;
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    • Communicate with you about our Legal Services, including those relating to but outside the scope of your inquiry;
    • Upon entering into an attorney-client relationship, provide you with Legal Services, and otherwise deal with you, and administer the matters you instruct us to do;
    • Conduct our recruiting and selection process;
    • Comply with a legal obligation, including applicable laws, regulations, guidance or professional obligations that we may be subject to, such as anti-money laundering requirements; and
    • Establish, exercise, or defend legal claims. 

    If you want the information in your comments to remain confidential, please use the website’s contact form in the “Contact Us” page, instead of commenting on an article. Please see our Terms and Conditions for guidelines on posting comments on our website.

    Retention of Your Information

    We may retain or store your Information for as long as necessary to achieve the purposes for which it was originally collected. We will also retain and use your Information to comply with our legal obligations and to establish, exercise, or defend legal claims.

    Privacy and Security of Your Information

    We have in place reasonable and appropriate, albeit not infallible, organizational, physical, and technical measures to maintain the confidentiality, integrity, and availability of your Information. We do not guarantee that those measures will always work.

    Disclosure and Transfer of Your Information

    We do not disclose your Information to third parties except in limited circumstances. Such circumstances include disclosures to our agents, consultants, or other contractors (“Authorized Third Parties“) that we have engaged to enable us to achieve the purposes set out above, to perform legitimate business-related functions on our behalf and at our direction, or where we believe it necessary to provide Legal Services and Internet Services. These include, but are not limited to, the following services:

    • website development and maintenance;
    • website hosting;
    • platforms hosting our official social media accounts;
    • cloud storage;
    • office productivity software/applications;
    • appointment setting;
    • payroll processing;
    • data privacy compliance;
    • digitization services; and
    • processing of online payments.

    For more information on these services, please send us your request through the “Contact Us” section below.

    We ensure, using contractual arrangements and other reasonable means, that such Authorized Third Parties will maintain the privacy and security of your Information, consistent with the requirements under Republic Act No. 10173 or the Data Privacy Act of 2012 (the “DPA”), its Implementing Rules and Regulations (“IRR“), and issuances of the National Privacy Commission (“NPC“). 

    Subject to the attorney-client privilege whenever applicable, we may disclose your Information in response to a court order or a subpoena, or in response to a similar request by regulatory authorities and law enforcement officials or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of our legal defenses or for our regulatory compliance matters.

    Third Party Links

    Our website may contain links to other websites provided by third parties, not under our control. When following a link and providing information to a third party website, we are not responsible for the information you provide to that third party. This Privacy Policy only applies to Legal Services and Internet Services listed at the beginning of this document, so when you visit other websites, even when you click on a link posted on saklawph.com or any of our social media sites, you should read their privacy policies.

    Cookies and Do Not Track Signals

    This website was created and is managed through the WordPress platform. Hence, your Information may be collected and used by WordPress for their purposes. Please read more about WordPress.com’s: (1) Privacy Policy, which explains their principles when it comes to the collection, processing, and storage of personal information; and (2) Cookie Policy, which explains how WordPress.com, its partners, and users of its services deploy cookies, as well as the options its users have to control them.

    SAKLAW may use the cookies deployed by WordPress to track details such as the number of unique visitors, repeat visitors, and pageviews to help improve User experience, but not for advertising or marketing purposes.

    Your Privacy Rights under the DPA

    You, as the data subject, have rights under the DPA, namely:

    • Right to be informed of the collection and processing of your personal information;
    • Right to access your personal information;
    • Right to rectify or correct your personal information;
    • Right to object to the processing of your personal information;
    • Right to erasure or blocking of your personal information;
    • Right to file a complaint with the National Privacy Commission; and
    • Right to damages.

    To exercise your rights under this Privacy Notice, please use the tools below.

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    You may also send us your request using the “Contact Us” section below.

    Contact Us

    If you have any complaints, concerns, or questions regarding the processing of your information, please contact:

    Atty. Salma F. Angkaya-Kuhutan, Unit 203 Sta. Lucia Bldg., Sta. Lucia St., San Antonio Valley, Paranaque City 1715 | Contact No. +63 28 777 3107 | Email: privacy@saklawph.com

    Changes

    We reserve the right to change this Privacy Policy at any time. We will post any updated privacy policy on this website. This was last updated on 3 June 2020.