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MARRIAGE-NULL/VOID?

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26 Re: MARRIAGE-NULL/VOID? on Tue Mar 05, 2013 5:23 am

caleb62


Arresto Menor
wannabuy6178 wrote: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




My situation is like this. My husband and I were married in Manila but we're not residents there. We contacted someone from a law firm in Quezon City who would arrange everything and we got married the next day. Our marriage license application was filed on the same date of marriage. I could not remember if there was a marriage license present. That was on January. The one who processed our papers said he will mail the documents in 3 days. So after the ceremony we didn't have any documents on hand. When we received the documents, there was a copy of the application and the issuance date was on December. The receipt of the marriage license (which was antedated) and the marriage license were also received . The date on the license was the day we got married. Is our marriage null and void considering the antedating? cause I think that there was really no marriage license on the day we got married. And my husband had another marriage license application filed on December with another woman. He had an arranged marriage but he called it off and he decided to marry me. Can our marriage be valid if 2 marriage licenses were filed at the same time? Please help. Thanks.

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27 Re: MARRIAGE-NULL/VOID? on Tue Mar 05, 2013 10:32 pm

attyLLL


moderator
All marriages carry the strong Presumption of validity. Having two licenses is fine


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28 Re: MARRIAGE-NULL/VOID? on Thu Apr 25, 2013 11:21 am

Richelle Joy


Arresto Menor
Hi All!

What process will I do to get my name out of the marriage registry? Me and my husband was already separated after three months of marriage. I believe our marriage was null and void since my husband's first marriage was not annulled. We use his old CENOMAR for the requirement for getting marriage license. Will he be charge for bigamy for this?

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29 Re: MARRIAGE-NULL/VOID? on Sat Apr 27, 2013 12:11 pm

attyLLL


moderator
if you knew he was previously married, both of you can be charged with bigamy.

you will have to hire a lawyer and file a petition to have your marriage declared void.


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30 Re: MARRIAGE-NULL/VOID? on Sat Apr 27, 2013 12:52 pm

lachika_05


Arresto Menor
Very Happy hi i think i have the same case.. there was no marriage license issued on the ceremony we got married under article 34 wherein it was stated that both of us have lived for 5 years as husband and wife in the affidavit of marital cohabitation which was falsified because both of us were working abroad and never had cohabitated as husband and wife even a month.. in our case would our marriage be null and void ab initio? can we file a petition for nullity? next question is can we be held liable for falsification of documents?



Last edited by lachika_05 on Sat Apr 27, 2013 1:05 pm; edited 1 time in total (Reason for editing : wrong spelling)

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31 Re: MARRIAGE-NULL/VOID? on Sat Apr 27, 2013 1:18 pm

attyLLL


moderator
if it can be proven that you did not actually live together then the marriage is void. if both of you were abroad, it sounds even easier to prove than the cases our office is handling.


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32 Re: MARRIAGE-NULL/VOID? on Sat Apr 27, 2013 4:02 pm

lachika_05


Arresto Menor
thank you for the fast reply.. though i have another question.. could we be held liable for the falsification of the affidavit for marital cohabitation? would it be a criminal offense against both parties?

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33 Re: MARRIAGE-NULL/VOID? on Sat Apr 27, 2013 6:44 pm

Richelle Joy


Arresto Menor
Who will charge us for bigamy? Do I need to file for annulment? What will be the process? Thank you so much for the help.



attyLLL wrote:if you knew he was previously married, both of you can be charged with bigamy.

you will have to hire a lawyer and file a petition to have your marriage declared void.

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34 Re: MARRIAGE-NULL/VOID? on Mon Apr 29, 2013 9:31 am

attyLLL


moderator
richelle, anyone can charge you with bigamy. we can file a petition to have your marriage declared void.

lachika, there should be a way to handle the petition in such a way so that we can minimize the risk of you facing charges.


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35 Re: MARRIAGE-NULL/VOID? on Wed May 01, 2013 3:21 pm

lachika_05


Arresto Menor
thanks for the advice will do.. more power!

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36 Re: MARRIAGE-NULL/VOID? on Mon May 06, 2013 2:20 pm

Richelle Joy


Arresto Menor
What will I do? How? I'm really thankful for your help.


attyLLL wrote:richelle, anyone can charge you with bigamy. we can file a petition to have your marriage declared void.

lachika, there should be a way to handle the petition in such a way so that we can minimize the risk of you facing charges.

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37 Re: MARRIAGE-NULL/VOID? on Mon May 06, 2013 2:47 pm

anejz


Arresto Menor
good day po,ds s jena.i just want to know kng legal pa rin ba o hindi ang married ng bf ko.he got married last 2006 but that time he s stil illegitimate but n his marriage certifcate he use the surname of his father.last 2010 lng po naging legitimate ang bf ko.paano po namin malalaman kng nka register ang kasal nila?ngayon po gustong mgsampa ng kaso ang wife nya,lastweek kasi nagkausap kmi kasi gusto nyang ma settle kasi dw gusto nyang mag asawa muli so sabi nya kng saan sasama ang bf ko e respect nlng dw namin.at ang bf ko dto sa akin sumama at sbi ng wife nya hndi dw xa manggulo kng ako ang pipiliin but after 2days kahit anu anong mga txt na panakot sa amin.since 2007 hndi na cla ngsasama sa iisang bubong.ang wife nya kasi ang ngluko ng una dhil 2007 nag work sa bar ang girl khit ayaw ng bf ko hanggang sa ngkalaboan cla.at nagpasya ang girl na mag work sa abroad but sa isang bar naman.at ngayon po may bf din xa,may picture cla na nasa motel at itinago nmin.kng magpasya ang girl ng kaso sapat bang panlaban ang picture nla at ang pag work nya sa isang bar kahit may asawa na sya?mkakasuhan ba kmi kahit wla kaming anak at mtagal na rin silang hindi nagsasama?im hoping for ur answers.

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38 Re: MARRIAGE-NULL/VOID? on Mon May 06, 2013 2:55 pm

ASHLEY-YU


Arresto Menor
Hi, I just saw your site regarding for annulment. I am Filipina and I just want to know I was married to my former boyfriend secretly the reason why we get married because i was leaving in our country going abroad to work 2 days after marriage i left the country and him and after 2 months we lost our connection because of his lack of patience waiting for me to take him in the place where i am working. after 2 years i went back to my home country and i found out that we are legally married. For almost 6 years of marriage i don't have any contact with him and i just found out that he got married with his gf but i don't have any idea if it is legal or not. i just want to know how to revoked our marriage. i hope you can help me.

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39 Re: MARRIAGE-NULL/VOID? on Tue May 07, 2013 1:26 am

rdpalomo


Arresto Menor
Gud day po, im robert po. i was 35yrs old po. umalis po ang nging asawa ko nung 2008. ksal po kmi nung since1999. simula nung umalis sya e nwalan n kmi ng communication at ang huli nmin e mdyo nagkasagutan pa po nung dec2008. till now po e wla n kmi communication. gusto ko po maging legal ang paghhiwalay po nmin, kso po mdyo tlgang kapos po ako kc po ako n po nagbantay sa anak ko po simula nun kya hindi n po nka hanap ng trabaho. ano po bang maippayo nyo po? tnx po

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40 Re: MARRIAGE-NULL/VOID? on Tue May 07, 2013 4:08 pm

ervp1978


Arresto Menor
sir,
null and void po ba ang marriage ko at ano po ba ang dapat kong gawin?

nagkaanak po ang partner ko september 1997, di pa po kami kasal nun dat time, ngayon po sa kagustuhan ko pa na sa apelyido ko ang magamit ng anak nmin, nilapitan ko po ung kakilala ko sa munisipyo nmin, at dinalhan nya po ako ng marriage certificate sa bahay at pagkatapos po eh fill up nmin ung form using pencil, pero pag dating po dun sa signatory parts para saming dalawa ng partner ko, pinirmahan po namin iyon using pen, then dun naman po sa witness signatory space nman po eh tinawag ko lng po ung pinsan ko tpos pinirmahan nya po, pagkatapos sya na din po ung pumirma dun sa para sa isa pang signature na ang isinulat nmn po nya dun eh ung name ng asawa ng pinsan ko, in other words po, ung pinsan ko po ang pumirma dun sa dalawang space na dpat pirmahan ng witness,pagkatapos, dinala na po nitong kaibigan ko na taga munisipyo ung marriage certificate at pagkatapos po eh pinapirma ky mayor, at napirmahan naman po ito, tpos po na registered, ng mag request po ako ng NSO marriage cert, eh mron po ako nakuha..same format kung saan ung pirma ko, pirma ng partner ko, at ng pinsan ko eh andun, gnun din sa mayor, NULL AND VOID po ba ang kasal namin? at ano po ba ang dapat kong gawin, kasi po gusto ko po sana mapawalang bisa po ito dahil po 9 years na din naman po kami hiwalay nung asawa ko, at ngayon po eh meron na ako kasulukuyang kinakasama at may anak na din po kami, at ung dati ko po asawa ay ganun din? pano po ang dapat kong gawin sapagkat ako po ay ng convert sa Iglesia ni Cristo, at kasulukuyang dinodoctrina, ang malaking problema ko po eh pano po ako mabautismuhan gayong di po kami kasal nitong bago kong kinakasama?

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41 Re: MARRIAGE-NULL/VOID? on Fri May 10, 2013 1:35 pm

Richelle Joy


Arresto Menor
How much will it cost the petition?

attyLLL wrote:richelle, anyone can charge you with bigamy. we can file a petition to have your marriage declared void.

lachika, there should be a way to handle the petition in such a way so that we can minimize the risk of you facing charges.

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42 Re: MARRIAGE-NULL/VOID? on Wed Jun 04, 2014 1:21 pm

housekeeping


Arresto Menor
hello!

i been married for 15yrs but been separated for 8yrs , i wanted to have my marriage be annulled and i'm looking the grounds for it, i check my copy of marriage cert and found out that the entry there was wrong the birthdate of my husband was wrong and to add that our liscense as i remember was applied to cavite even if we were both living in manila we got our liscense even we don't attend seminar or the procedure of applying for the liscense.he has no birthcert for he was yet registered in the civil registry or nso i'm very thankful if you could give advise on what to do . have a nice day

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43 Re: MARRIAGE-NULL/VOID? on Thu Jun 05, 2014 7:04 pm

attyesc


Reclusion Temporal
Those errors are mere irregularities which will not render your marriage void. Valid pa rin ang marriage nyo.

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44 Re: MARRIAGE-NULL/VOID? on Sat Jun 07, 2014 1:34 am

MamiGee


Arresto Menor
Null and void po b ang kasal kpag fake ung signature at thumb mark ng parents nya sa Birth Cert actually foster parents po nya? Kasi di p xa legally adopted den he had an NSO Birth Cert na gamit ung SURNAME ng foster parents nya hindi nya pnaalam n kumuha xa just to get married s ba2eng naanakan nya.. Wen his foster parents knew abt da marriage dey got mad and registered him a late NSO birth cert using the SURNAME ng biological mom nya.
Please help.

Thanks a lot..

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45 Re: MARRIAGE-NULL/VOID? on Mon Jun 09, 2014 1:08 pm

nivla


Arresto Menor
Hi! I just want to seek and advise. I have a wife for about 3 years but unfortunately we are no longer be called as husband and wife. I am a member of City Band and She works in a call center. We always quarrel every day. She always make some small issue that is non sense and make it a big deal. She always makes me feel down since I have no permanent work.

I'm trying to have fill an annulment since we are no longer happy to be each other and in the first place we don't want to get married, My wife just want to us be a LIVE IN PARTNER, Its just her father to want us get married.

I hope you could help me!

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46 Re: MARRIAGE-NULL/VOID? on Wed Jun 18, 2014 10:31 pm

Kred06


Arresto Menor
hi atty,

Ask ko lang po if pwedeng maging null and void ang kasal na walang marriage license? Ganito po un, nagpunta po kami ng city hall with my mom, kala po namin kukuha lang kami ng marriage license. nagulat po kmi civil wedding na po pala gagawin nung minister. valid po b un? Pero nakasal po kami sa simbahan naman. Thank u po

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47 Re: MARRIAGE-NULL/VOID? on Thu Jun 19, 2014 12:52 am

Cerbos1121


Arresto Menor
Hi! My husband has a previous marriage in 2002. The previous marriage is just a ceremony and they never live together. The marriage was done since the woman is a canadian citizen. Can I file bigamy case against my husband and will he be punished by imprisonment as well, if in case i can file a bigamy case?

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48 Re: MARRIAGE-NULL/VOID? on Thu Jun 19, 2014 1:37 am

AWV


Reclusion Perpetua
Cerbos1121 wrote:Hi! My husband has a previous marriage in 2002. The previous marriage is just a ceremony and they never live together. The marriage was done since the woman is a canadian citizen. Can I file bigamy case against my husband and will he be punished by imprisonment as well, if in case i can file a bigamy case?

Depends if he is still Filipino citizen/Philippine passport holder. Then he is still inside the family code and Philippines jurisdictions. If he is already Canadian citizen and not dual citizen (Canadian/Filipino) he is already outside Philippines jurisdictions. You have to find out if he has changed his citizenship before you can file a case against him.

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49 Re: MARRIAGE-NULL/VOID? on Thu Jun 19, 2014 1:45 am

AWV


Reclusion Perpetua
Kred06 wrote:hi atty,

Ask ko lang po if pwedeng maging null and void ang kasal na walang marriage license? Ganito po un, nagpunta po kami ng city hall with my mom, kala po namin kukuha lang kami ng marriage license. nagulat po kmi civil wedding na po pala gagawin nung minister. valid po b un? Pero nakasal po kami sa simbahan naman. Thank u po

Why ask Kung null and void eh twice ka na pala kinasal? Ma null and void man ang una papano mo explain ang pangalawa? At sa simbahan pa talaga!

Read this anyway,
http://famli.blogspot.com/2006/12/family-code-of-philippines-primer-on_06.html

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50 Re: MARRIAGE-NULL/VOID? on Sun Jun 29, 2014 4:20 pm

heaven7


Arresto Menor
Guys need help
Ang asawa ko kasal sa unang asawa. Nag pa anull .di pa tapos anullment nagpakasal ulit so meaning null and void yung pangalwa. Til lumabas na yung anullment papers at namatay na rin yung unanh asawa eh null and void parin yunh pangalawa unless nagpakasal sila ulit kaso hindi

then pinakasalan nya ako . Sabi ang kasal namin ang tunay kasi considered single ang asawa ko in papers kasi patay na unang asaawa at anulled sila bago mamatay unang asawa. Is that true?

Thank you

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51 Re: MARRIAGE-NULL/VOID? Today at 1:54 am

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