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Need to file for annulment or NOT?

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1 Need to file for annulment or NOT? on Mon Jul 16, 2012 10:38 am

freedomfighter


Arresto Menor
My partner was married last year to another woman due to pressure of the family for the sake of the legitimization of his child. He does not live with his wife nor child, but gives support and visits occasionally because they live in his family's residence. According to him, there were no papers submitted when they had their civil wedding. Is this possible? They were both 25 years old that time. He has kept our relationship a secret but it is now known to his family. He has expressed his intentions to marry me as soon as possible should he be cleared from his previous marriage. Should he need to file for annulment? Is his marriage void?

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2 Re: Need to file for annulment or NOT? on Mon Jul 16, 2012 12:02 pm

attyjoyce


Reclusion Perpetua
Hi freedomfighter.

Do they have a copy of their marriage certificate? Have they also tried getting their CENOMAR from the NSO? If they have a copy of their marriage certificate and their CENOMAR shows that there is an existing marriage between them, then in the eyes of the law they are validly married regardless of whether or not they submitted documents during their marriage. If marriage is considered valid, then annulment or judicial declaration of marriage is necessary before contracting another marriage.

For more free legal information about Annulment, please visit www.domingo-law.com

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3 Re: Need to file for annulment or NOT? on Tue Jul 17, 2012 6:04 am

freedomfighter


Arresto Menor
thank you so much attyjoyce. He is retrieving a copy of his CENOMAR. He said he does have a marriage certificate, but he did not forward any other documents. Is it possible to marry without a marriage license? Isn't that a formal requisite for marriage? Last question, should the NSO have no record of their marriage, are they still married or is their marriage valid?

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4 Re: Need to file for annulment or NOT? on Tue Jul 17, 2012 8:58 am

jeje



Last edited by vhie100862@yahoo.com.ph on Fri Nov 14, 2014 11:02 am; edited 1 time in total

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5 Re: Need to file for annulment or NOT? on Tue Jul 17, 2012 12:26 pm

attyjoyce


Reclusion Perpetua
freedomfighter wrote:thank you so much attyjoyce. He is retrieving a copy of his CENOMAR. He said he does have a marriage certificate, but he did not forward any other documents. Is it possible to marry without a marriage license? Isn't that a formal requisite for marriage? Last question, should the NSO have no record of their marriage, are they still married or is their marriage valid?

Some marriages are recorded even in the absence of a valid marriage license. If their marriage is recorded in the Civil Registry where they got married, and if the CENOMAR shows that there exists a subsisting marriage, the remedy is to file a petition for declaration of nullity based on lack if marriage license. Yes, a formal requisite is lacking, but there is still a need to have the marriage judicially declared void by the court.

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6 Re: Need to file for annulment or NOT? on Tue Jul 17, 2012 12:36 pm

attyjoyce


Reclusion Perpetua
vhie100862@yahoo.com.ph wrote:Good morning Atty! I was married somewhere in Zambales last 1984. I was pregnant then and the Dad of my best friend who happened to be a Counselor in that place served as our Guardian to materialize the wedding. This is without our parents consent. I was 21 yrs old and the guy was 19. When we got back to Manila, we separated our ways. And we agreed that the guy will tell his parents about the marriage and he will pick me up to my parents home. Two weeks has passed,and he did not showed up. My father decided to went to the guy's house and to ask what is going on. But when we are there, he did not showed up, only his parents. I remembered his father telling me that I could be put in prison, since his son is a minor. Since then, I have no communication with him. I had one kid with him, actually the marriage was done because I am pregnant. The boy now is already 27 yrs old but It was not named under me. The boy was adopted by my eldest sister who could no longer bear a child. So, there is no record that the boy is my child.Knowing that the 1st marriage was a fake one, sometime, 1987 I got married for the 2nd time and got 3 kids. The marriage lasted for 10 yrs. then I got separated. I filed an annulment last 2009 and I just got the Court Decision last Feb. 14. Wherein I worked on the Certificate of Finality and registered at my home place, the place where we got married and at the NSO. Now here goes the problem, I would want to remarry again to a guy who happens to be my first boyfriend and my first love. After 31, yrs. we saw each other again. The marriage is all set for January next year but when I ask for a Cenomar, I found out that there are 2 marriages appearing of which the second marriage was remark with null and void. My question now is that Do I have to file an annulment again for the first marriage? It was 27 yrs ago and we didn't live together as husband and wife. The guy is already married and has grandchildren. Could the issue be resolved without filing an annulment? What are the other ways that you can advice to resolve my concern. Thanks and I hope to hear from you.

Hi vhie100862@yahoo.com.ph.

Lack of parental consent is only a ground for annulment, an action which you should have filed within 5 years from the time of your marriage.

Do you remember having a valid marriage license when you first got married? If no, then you can use this as your ground in filing a Petition for declaration of nullity of marriage. Absence of a marriage license resulted to your marriage being null and void from the beginning; however there is still a need for a declaration from a competent court that your marriage is void before you can remarry.

For more free legal information about Annulment and Declaration of Nullity, please visit www.domingo-law.com

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7 Re: Need to file for annulment or NOT? on Sun Jul 22, 2012 9:02 pm

lonelyboy


Arresto Menor
good evening atty,

i am sorry because i am not good in english so that i will use tagalog here, bale po gusto namin magpakasal ng girlfriend ko, divorce na po sya 3 years ago and yung dati nya pong asawa ay patay na din, kelangan nya pa po bang mag pa annul ng kasal nya dito sa pilipinas? kasi po sabi sa amin s munusipyo eh valid pa daw po ang kasal nya dito sa pinas kelangan pa daw pong ipa annul muna, ano po ba ang kelangan naming gawin para di n mag pa annul pa?

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8 Re: Need to file for annulment or NOT? on Sun Jul 22, 2012 9:21 pm

concepab


Reclusion Perpetua
lonelyboy wrote:good evening atty,

i am sorry because i am not good in english so that i will use tagalog here, bale po gusto namin magpakasal ng girlfriend ko, divorce na po sya 3 years ago and yung dati nya pong asawa ay patay na din, kelangan nya pa po bang mag pa annul ng kasal nya dito sa pilipinas? kasi po sabi sa amin s munusipyo eh valid pa daw po ang kasal nya dito sa pinas kelangan pa daw pong ipa annul muna, ano po ba ang kelangan naming gawin para di n mag pa annul pa?

Kapag nag-apply kayo ng marriage license, sabihin nyo na patay na ang dati niyang asawa. kailangan nyo mag-bigay ng death certificate ng kanyang dating asawa bilang patunay.

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9 Re: Need to file for annulment or NOT? on Sun Jul 22, 2012 9:36 pm

lonelyboy


Arresto Menor
ganun n nga yung ginawa namin dala namin yung death certificate, pinag pipilitan pa din nila na dapat ipa annul daw yung kasal, kahit yung public atty. nila ganun din ang sabi ipa annul pa din daw... need advice kila atty who knows what is really needed to do...

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