Hello. Has anyone had any dealings with a 'Declaration of Presumptive Death of the Absentee Spouse for Annulment purposes? I've done some researching and there seems to be an avenue that we could follow as my GF has had no contact with her 'husband' since 2009! Any help and advice would be much appreciated.
After a period of 4 years if there has been no contact or evidence a party in the marriage is still alive,and the living member can provide compelling reasons to believe the other is deceased then a means is a declaration by a competent court of presumptive death marriage can take place on the well grounded belief of death of the other spouse. The period of 4 years is reduced to 2 if the person is at personal risk through things like a member of armed forces who have been at war, a sea fares who it is known to be on a vessel at the time when the vessel was lost at sea, or if said party was involved in gang warfare. There is legal provision should the presumed deceased spouse reappears! Good luck
Search and find the answer here... http://jlp-law.com/blog/can-someone...-going-to-court-due-to-absence-or-separation/
Thank you all. I'd already researched those links and knew that much I was wondering whether anyone had any personal experience of this? Again thanks for all your contributions. Jx
My cousin had experienced being away from her Filipino husband for 8 years they haven't had any communication at all when she went abroad and she doesn't know her husband's whereabout. Since the husband did not give any maintenance to their daughter and never show himself at all, just totally vanished or perhaps does not want to be obliged to any responsibility. She then filed for an annulment declaration of presumptive death of an absentee spouse as ground and it was granted after couple of years. She is now living in Amsterdam and married to a Dutch.
John a case from last year for light reading http://www.manilatimes.net/wife-can-remarry-after-declaring-husband-presumptively-dead/279544/
It's always better to take the opportunity to file for an annulment even though you are declaring of presumption of death of an absentee spouse in case the bugger is not really dead and come back, otherwise her present marriage will be null and void!
agreed and this article helps explain http://jlp-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/
