Kris Aquino wants annulment, not separation

ABS-CBN News

Posted at Jul 12 2010 08:37 PM | Updated as of Jul 13 2010 04:41 AM

MANILA, Philippines - Television host and actress Kris Aquino will be seeking an annulment of her marriage to basketball player James Yap, lawyers said.

In an exclusive interview with ABS-CBN's Marie Lozano, lawyer Anna Liza Logan said the TV host is not seeking legal separation.

Logan is a partner of the Marcos Ochoa Serapio and Tan, the law firm retained by Aquino.

“We will have the court decide na yung marriage was void from the beginning,” she said.

Logan said they are now preparing the petition for the declaration of nullity of marriage. In simple terms, this is called the annulment of marriage.

Once the decision becomes final, the parties are free to enter into separate partnerships once again.

This is different from a mere legal separation, where the bond is only dissolved “in fact.”

Logan refused to answer the reasons behind Aquino’s decision to annul her marriage.

“We can’t pre-empt. Ayaw muna namin. May privacy yung parties. Tapos confidential ang proceedings especially if a child is involved,” she said.

Aquino has a child with Yap, 3-year-old Baby James.

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.”

Logan, however, said Aquino is open to discussing the custody issues with Yap.

She said the contents of the petition will be finalized once Aquino arrives from her 3-week vacation in Orlando, Florida.