"The marriage was void from the beginning," is the stand of TV host/actress Kris Aquino's lawyers at Marcos Ochoa Serapio and Tan, according to Atty. Anna Liza Logan, reports ABS-CBNNews.com. Logan told ABS-CBN reporter Marie Lozano of TV Patrol that Aquino's lawyers are working on the petition for the declaration of nullity of Aquino's marriage to cager James Yap.

Logan emphasized that a declaration of nullity of marriage is similar to annulment in that a couple is free to remarry afterwards. Meanwhile, a legal separation is only "in fact" but the "marriage bond is not dissolved," meaning a couple cannot remarry, according to Logan.

Asked why Aquino wants to declare her marriage void from the start, Logan said, "We can't pre-empt. Both parties must have their privacy. The proceedings are confidential especially if a child is involved." Logan also kept tight-lipped about the issue of a pre-nuptial agreement between the couple that Aquino earlier said did not exist.

Under the Family Code of the Philippines, the couple's son, three-year-old Baby James, will likely stay with Aquino but she is open to discussing custody with Yap. Article 213 of the Family Code reads: "No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise."

Aquino is currently on a three-week vacation in the U.S. with her sons Baby James and Josh. They will miss the first State of the Nation Address (SONA) of Aquino's brother Pres. Noynoy Aquino, but will be back in time for the first death anniversary of Aquino's mother Cory on August 1, reports ABS-CBNNews.com.