Posted by Nydia Streets of Streets Law in Florida Annulment

When a party tries to have a marriage annulled in Florida, certain requirements must be met. A party might seek an annulment instead of a divorce to avoid the legal obligations that attach to marriage such as alimony and equitable distribution of assets. The validity of a marriage is called into question in an annulment proceeding, and this is what happened in the case Claflin v. Claflin, 1D19-1370 (Fla. 1st DCA January 21, 2020).

The parties were married in the Philippines and subsequently moved to the United States where they raised their three children. When the wife filed for divorce after almost twenty years of marriage, the husband became aware the wife was married to another man at the time she married the husband in this case. The husband contended that because that earlier marriage was never annulled under Philippine law, the instant marriage was void. The wife denied being married and explained the marriage was arranged by her family when she was 17, that she never attended a ceremony and never lived with her intended husband. In response to the husband’s allegations in the Florida case, the wife obtained from the Philippines a judgment declaring her alleged previous marriage void because the wife lacked the legal capacity to marry due to her age at the time.

In response, the husband sought a declaration from a separate Philippines court that his marriage to the wife was void because she failed to clarify the legal status of her first marriage before she married the husband. That Philippines court agreed with the husband and entered an order declaring the parties’ marriage to be void as bigamous, declaring the children of the marriage to be illegitimate and canceling all support obligations between the parties. The trial court found the two different orders to be irreconcilable, and nonetheless recognized the wife’s order, declining to declare the parties’ marriage void. The husband appealed, arguing it was reversible error for the trial court to refuse to recognize the judgment he obtained from the Philippines.

Reasoning that it would be against Florida public policy to declare the parties’ marriage void and uphold the Husband’s decree which de-legitimatized the parties’ children, the appellate court sided with the wife. Specifically the court held “ Under the principle of comity, the trial court correctly acknowledged that Philippine law controlled but erred in excluding the Pasig City judgment from consideration as it was not irreconcilable with the San Mateo judgment. However, we decline to provide effect to the provision of the Pasig City judgment which declares the parties' marriage invalid because no judicial decree of nullity of the prior fraudulent marriage was obtained prior to their subsequent marriage. This outcome is compelled under section 61.0401, as doing otherwise would be unjust, unreasonable, and contrary to the public policy of Florida.”

Situations involving laws of foreign countries may complicate divorces in Florida. This is why it is important to consult with a Miami divorce lawyer in proceeding. Schedule a meeting to go over your case.