No shortcut to marital freedom

No shortcut to marital freedom "I was told that the easiest way to have a marriage annulled is to file an action to have my husband declared presumptively dead. In that way, our marriage will be annulled and I can remarry. I was also told that this action could be resolved in a much shorter time than an annulment. Is this true? I want this issue to be sorted out the shortest possible time because I am really thinking about filing this action. VangieDear Vangie, Under the law, a person who wishes to file the appropriate petition before the courts to have another person, a spouse or otherwise, be declared presumptively dead, must have a well-founded belief that said person is already dead. It is clear from your narration that you neither have an honest belief that your spouse is already dead nor is your spouse really absent. That being the case, you may not seek the aid of the court to perpetuate a deception just so you will be able to sever your marriage bond with your husband. A petition for declaration of presumptive death is not a shortcut to marital freedom.Under the law, the spouse present may file a petition for the declaration of presumptive death when the absent spouse has been absent or has not been heard of for four years and the spouse present has a genuine belief that his/her spouse is already dead. In case the disappearance or absence of the spouse happened under dangerous circumstances, such as sinking of a ship, a period of two years is sufficient. Moreover, a decision declaring the absent spouse presumptively dead does not have the effect of annulling a valid marriage or declaring a void marriage as such. The legal effect of a declaration by the court that your husband is presumptively dead is akin to the effects when your husband actually dies. Your marriage remains valid, it is just that said marriage is terminated by the presumptive death of one party.Thus, if in the interim period you married another man after you spouse has been declared dead and subsequently your first spouse reappears and causes the registration of his reappearance, your second marriage will be terminated ipso facto and your previous marriage revived. We hope that we have fully addressed your query.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/