While Kris Aquino is currently in Orlando, Florida for a 3-week vacation with sons Baby James and Josh, her lawyers are now beginning the process of legal separation from her husband James Yap.
According to Atty. Anna Liza Logan, (a partner of the Marcos Ochoa Serapio and Tan – the law firm retained by Kris) they are now preparing the petition for the declaration of nullity of marriage. In simple terms, this is called the annulment of marriage.
“We will have the court decide na yung marriage was void from the beginning, so there was no marriage from the beginning. Sa legal separation kasi, the marriage bond is not dissolved so they be separated in pact but they cannot marry anyone else. So for a petition for a declaration of nullity or annulment, once the decree is final, they can marry somebody else,” Atty. Logan said.
Atty. Logan refused to answer the reasons behind Aquino’s decision to annul her marriage with James.
“We can’t pre-empt. Ayaw muna namin. May privacy yung parties. Tapos confidential ang proceedings especially if a child is involved,” she said.
When asked if Kris also files for full custody of Baby James, Logan mentioned that based on the Family Code of the Philippines “no child under 7 years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” But Atty. Logan also mentioned that Kris is open to discussing the custody issues with James.
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