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MARRIAGE-NULL/VOID?

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1 MARRIAGE-NULL/VOID? on Tue Jan 31, 2012 6:16 pm

wannabuy6178


Arresto Menor
Hello!

First time to post here...maybe somebody can help to enlighten on what to do. Thank you in advance. Smile

I would like to ask if this marriage is valid or not? Is it possible to be issued a marriage license on the same day that you're scheduled to be married? Or shall I say this is falsified by antedating? If this was done, is there a possibility that the marriage be null and void? Upon checking, marriage license is valid because I think twas done with the magic of ante-dating but as to the person who got married...the application of marriage license was done the same day of wedding rites and only took hours to get it which i think is not possible if you go through the due process as it takes about 2 weeks or so, right? Also, the application of marriage license was done at Rizal but both parties were not living there and from different municipalities. They went to Rizal in the morning for the marriage license because the guy to be married knows somebody working in that area and viola! License done after a few hours even without attending a seminar...went ahead for their after lunch wedding ceremony at Makati City Hall.

Hope you can get to advise on what to do. The married couple with 2 offsprings are already living apart for almost 9 years with no financial support from the guy. The children are living with their mother and the support comes from the maternal family.

The guy doesn't want an annullment even if he is already living with his common-law-partner and children (younger than the first 2 offsprings) and this triggered to look at the possibility of nullity of marriage instead of the first option.

Hope you can help out. Did some research but found out that if there's a marriage license, the marriage is valid despite of the irregularities done. Or am I wrong about this?

Please enlighten. Again, thank you in advance. Hope one gets to answer it to know the next step. Thank you! Thank you! Have a great week! God bless! Smile

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2 Re: MARRIAGE-NULL/VOID? on Sat Feb 04, 2012 3:32 pm

attyLLL


moderator
those are presumed to be valid unless it is proven to be fake. i would argue that if there is an actual license, even if it was irregularly issued, then the marriage is still valid.


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3 how can it be proven fake? on Tue Feb 07, 2012 1:06 am

wannabuy6178


Arresto Menor
thank you for your reply. tis very much appreciated. just got another question...hopefully, you'll be able to answer it again like the first one.

if the marriage license is presumed to be valid unless it is proven to be fake, can you advice on what to do? how can it be proven fake? was there any case same as this that the marriage license was filed with irregularities? what transpired? just curious how can something presumed as valid be proven fake.

hope you can help out. thank you in advance. have a great week! Very Happy

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4 Re: MARRIAGE-NULL/VOID? on Tue Feb 07, 2012 10:26 pm

attyLLL


moderator
do not confuse the license with the marriage contract. irregularity is also different from being fake. if it was truly issued by the civil registrar, then it is real.


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5 Re: MARRIAGE-NULL/VOID? on Tue Feb 07, 2012 11:23 pm

wannabuy6178


Arresto Menor
thank you again for your reply. Smile

marriage contract or certificate was registered at nso. as per your response, marriage license if issued by the civil registry...is real. regardless of the irregularities on how twas issued like both parties didn't reside in the municipality where the application of marriage license was done nor the 10 days posting...it is still valid. therefore, regardless on how the marriage license was issued even with irregularities, marriage is valid. there is no chance that it can be considered as null/void because marriage license is present before the ceremony, correct?

next option would be annullment? sorry, kinda confusing. the other party was hoping for nullity instead of annullment that's why full of questions. thank you for your advice.

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6 Re: MARRIAGE-NULL/VOID? on Wed Feb 08, 2012 1:47 pm

happyalready


Arresto Menor
good day!

my boyfriend & I are now planning to get married but he has a past marriage & they had a son who is with me now. but we heard that we can file for null & void of marriage because his ex wife is his mom's first cousin. I believe his grandmother & his ex-wife's father are siblings. Would there be any chance that it would be processed to be null & void? Because his ex wife is still wanting to fix their marriage & be together, but they have long been separated when they had issues before about a third party resulting to a child born by his ex wife from a different man. so he doesn't want to be with her anymore because also of the fact that they are relatives.

i'm hoping that i would be able to get some answers about this.. thank you and more power to your website!

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7 incestuous marriage on Wed Feb 08, 2012 2:31 pm

Yes. their marriage can be nullified as it is an incestuous marriage. Article 37 of the Family Code expressly provides that relationship between ascendants and descendants of any degree (whether legitimate/ illegitimate) is incestuous and void from the very beginning. Therefore your bf can file an action for the declaration of nullity of his previous marriage based on the above-mentioned ground. And once finally declared void, there is no longer impediment on his part to marry you.

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8 Re: MARRIAGE-NULL/VOID? on Wed Feb 08, 2012 3:52 pm

dakukai22


Arresto Menor
Hello!

I am a filipina and was married 10 1/2 years ago to an Australian in the Philippines but just found out that my husband was still married to a Filipina and their marriage is not annulled yet. From my understanding, my marriage with him is null and void. What is the process to get my name out of the marriage registry? How much will be the estimate legal cost?

Please advise. Thank you

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9 incetuous marriage on Wed Feb 08, 2012 8:51 pm

happyalready


Arresto Menor
Yes. their marriage can be nullified as it is an incestuous marriage. Article 37 of the Family Code expressly provides that relationship between ascendants and descendants of any degree (whether legitimate/ illegitimate) is incestuous and void from the very beginning. ...

Thank you for the reply! What if the woman disagrees to his actions? What steps does he need to do? And would it cost much? Thank you once again for your assistance Smile

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10 Re: MARRIAGE-NULL/VOID? on Fri Feb 10, 2012 11:08 pm

happyalready


Arresto Menor
Thank you for the reply! What if the woman disagrees to his actions? What steps does he need to do? And would it cost much? Thank you once again for your assistance Smile

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11 Re: MARRIAGE-NULL/VOID? on Sat Feb 11, 2012 11:26 am

karen75


Arresto Menor
hi atty good day! i just want to ask how i can file a legal separation from my ex husband we just broke up 3 months ago and i leave the house because he force me to leave but my child was still there. after i leave the house he bring her gilfriend on our house and our neighbor was see them together and i know that his girl was also sleep there. could i file a case against him before i do that i need your advise.

I also find out that aside of his current girl she had other woman too "feeling gwapo" actually he work as a call center agent and one of his girl was his officemate, please advise me atty. I need a legal support for my child and my child want to stay with me, but I am afraid because my income is not enough to support her studies could I get a financial support with him once my child is with me. we have 1 child and now she is 10 yrs old. pls advice me soon thanks.

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12 Re: MARRIAGE-NULL/VOID? on Sat Feb 11, 2012 6:19 pm

attyLLL


moderator
happy, i replied to your other thread. my opinion is that the marriage is valid.

dakukai, you have to file a complaint to have your marriage declared void from the beginning based on bigamy. cost will depend on which lawyer you retain.


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13 Re: MARRIAGE-NULL/VOID? on Wed Feb 15, 2012 8:35 pm

maricel0224


Arresto Menor
Hi Attorney,

I just wanted to ask if the below grounds can be used for my case? My story is this. I do have a boyfriend but sad to say nakabuntis po sya nung magkalayo kami. My ex-boyfriend who is a US citizen told me that he can help me to go to USA, he said we will get married and if things work out fine we will continue living together and if not we will just file an annulment. He told me to go back to Philippines as he will also go on vacation in Philippines. During that time I am also abroad working. So we got married in 2003, during that time he was only 24 and I was 25. We got married in Balagtas, Bulacan while during that time we are both living in another part of Bulacan. The reason why we had our marriage solemnized there was, the Mayor of that town is their family friend. I don’t even remember getting CENOMAR before the marriage. The person stated in our marriage contract who gave consent was his father, but during the time of marriage both of his parents was in USA. It was only his 1st cousin and cousins husband was present from his relatives side. And my mom and 1 colleague and 2 people working in the Municipality was there.

Now he is in USA and got married there and has 1 child. It’s been more than 7 years and since then we don’t have any communication. I just found out from our common friend that he got married there and I’ve seen the pictures. I myself has a live-in partner and also has kids.

I am still using his surname as during that time he told me to amend my passport. All I want now is to get out from that marriage, but HOW? Is the below grounds stated can be one point so I can apply for annulment or legal separation or anything so I get out from this.

I really need your help and advice.

And here are the void marriages:
5) Those contracted through mistake of one contracting party as to the identity of the other; and



Grounds for Judicial Separation of Property:
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly impro

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sadamra


Arresto Menor
dakukai22 wrote:Hello!

I am a filipina and was married 10 1/2 years ago to an Australian in the Philippines but just found out that my husband was still married to a Filipina and their marriage is not annulled yet. From my understanding, my marriage with him is null and void. What is the process to get my name out of the marriage registry? How much will be the estimate legal cost?

Please advise. Thank you

My wife is dakukai22 and it is rather strange that she has made such an inquiry. When she wrote we had been married for nine and a half years and we were married on 14 October 2002 with a civil ceremony in Pasig and then a full Roman Catholic ceremony on 12 December 2002 in New Zealand and it was done with a certificate of non-impediment from the Australian Embassy Manila and an annulment from the Roman Catholic Church. I was not married at that time to any Philippine citizen. At the time on coming to New Zealand, unbeknown to me, my wife conducted an online affair with a Filipino living in the US which culminated in an adulterous two week betrayal between him and her when she returned to the Philippines after lying and in collusion with a Tita on having to go to Pasig for her Lolo's birthday. She became pregnant from this adultery. The baby was born in New Zealand on 5 March 2006, and although not biologically mine, her birth certificate recorded me as her father and she attained, Australian, New Zealand and Philippines citizenships and has been loved and supported as my own. The adulterous lover, with three biological children to his Filipino wife in the US, was found out because of pornographic photographs of herself given to him by my wife, access on Facebook, telephone accounts and my wife's panties and in turn she contacted me wanting to take legal action. I have been devastated by this and since then from subsequent, lies, deception, betrayal and more recent visits to the Philippines in December/January this year and also September.

Sadly what course of legal action can be taken by the man's wife and also me?

I would most certainly appreciate your advice and thank you in advance.

Kindest regards Sad

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15 Re: MARRIAGE-NULL/VOID? on Fri Dec 28, 2012 12:13 pm

adel.villafuerte


Arresto Mayor
In paragraph (1), you may file a petition for declaration of nullity of marriage bcoz your marriage is void ab initio or void from the beginning.

You may file also a criminal and/or civil action to claim damages.

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16 Re: MARRIAGE-NULL/VOID? on Wed Feb 13, 2013 5:54 pm

sade


Arresto Menor
i am married to my first cousin and registered in nso, do need to file in court to be able to void it?

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17 Re: MARRIAGE-NULL/VOID? on Wed Feb 13, 2013 7:49 pm

attyLLL


moderator
sade, while your marriage appears to be void, a petition still has to be filed in court to declare it void.


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18 question on Fri Feb 15, 2013 4:21 pm

I was married to someone who falsified her birth certificate and did not have the consent of her parent. her aunt signed the papers for marriage license because we where under aged. it is possible that she is not of legal age when it happened.can this stand in court for the marriage to be void?

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19 Re: MARRIAGE-NULL/VOID? on Thu Feb 28, 2013 2:42 am

Shanen06


Arresto Menor
Hi po.. May bf po ako na kasal po sa pilipinas.. Pero he is planning to file an annulment soon.. Balak po naming magpakasal here abroad.. Valid po ba ang aming magging kasal here abroad dito sa country kung nasaan kami at nagtratrabaho? Ano po ang mas valid kapag benefits po dito abroad, ang kasal namin or kasal nya sa piipnas? Thank you..

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20 Re: MARRIAGE-NULL/VOID? on Thu Feb 28, 2013 3:21 am

nathanmichaels


Arresto Menor
anthony martin molina wrote:I was married to someone who falsified her birth certificate and did not have the consent of her parent. her aunt signed the papers for marriage license because we where under aged. it is possible that she is not of legal age when it happened.can this stand in court for the marriage to be void?


where is her real parents during that time?



Last edited by nathanmichaels on Thu Feb 28, 2013 4:00 am; edited 1 time in total

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21 Re: MARRIAGE-NULL/VOID? on Thu Feb 28, 2013 3:31 am

nathanmichaels


Arresto Menor
Shanen06 wrote:Hi po.. May bf po ako na kasal po sa pilipinas.. Pero he is planning to file an annulment soon.. Balak po naming magpakasal here abroad.. Valid po ba ang aming magging kasal here abroad dito sa country kung nasaan kami at nagtratrabaho? Ano po ang mas valid kapag benefits po dito abroad, ang kasal namin or kasal nya sa piipnas? Thank you..


there are some government agencies abroad which has 100% same function as that of those in the philippines. one of the requirements in marrying abroad is CENOMAR or documents that shows when and where the first
marriage was annulled.

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22 Re: MARRIAGE-NULL/VOID? on Thu Feb 28, 2013 4:05 am

Shanen06


Arresto Menor
Oh i see.. Ok poe thank you..

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23 Re: MARRIAGE-NULL/VOID? on Sat Mar 02, 2013 11:39 pm

bessy_08


Arresto Menor
my husband to be has been previously married, it happened in September 2002.. but their marriage didn't work out, so they have decided to separate ways, and its been for about 6-7 years that they have been separated. We both request for a CENOMAR and it was stated in his CENOMAR that their marriage is still on record. Now, i would ask on what are we to do to make their contract voided? what are the considerations to make the contract null & void? do his previous marriage can be considered null/void since they have been separated for a long time though they have a child, they already decided that they will never be together again.

i need a very reliable and honest reply.. please help..
it would be appreciated so much..

thank you in advance.

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24 Re: MARRIAGE-NULL/VOID? on Sun Mar 03, 2013 2:58 am

ibonidarna


Reclusion Perpetua
Separation per se will not dissolve the marriage. So if you're married to this "husband" of yours, he might be liable for bigamy.
Depending on the circumstances, it is better for your husband to have his first marriage declared null or nullified.

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25 Re: MARRIAGE-NULL/VOID? on Sun Mar 03, 2013 6:44 am

MuGzzy Dyle


Arresto Menor
hi po..hiwalay na po kami ng asawa ko 2yrs ago at meron po siyang kinakasama ngayon at nagkaroon po sila ng anak..kasal po ako sa asawa ko at me 2 po kaming anak..nagbibigay po siya ng sustento sa mga anak namin pero simula po ng nagkaroon siya ng kinakasama,unti unti po itong nabawasan at ngayon po madalas ay kulang at delay.anu po ba ang pwede kong gawin??dapat ko po bang iapela sa kanya yung required na halaga na dapat niyang ibigay?pwede ko po bang sampahan sila ng kinakasama niya ng kaso?anu po ang ikakaso ko kung merun man???
sana po matulungan po ninyo ako.maraming salamat po.

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26 Re: MARRIAGE-NULL/VOID? Today at 5:33 pm

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