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Null and Void Marriage?

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1 Null and Void Marriage? on Sat Aug 18, 2012 8:57 am

pinkhue


Arresto Menor
This was regarding with the marriage license. My boyfriend and his ex-girlfriend was being married without a marriage license. When my boyfriend handed me their certificate of marriage, it was stated that they were married with the provisions of executive order 209, chapter two of the family code,yet all the exemptions discussed in the said EO does not apply to their situation when they contract for marriage.It was only the best reason for them not to apply for marriage license for convenience.The question is Can their marriage be null and void from the very beginning with the given information Atty.?Can my boyfriend file nullity of the marriage? I hope you could give me an advise what to do.

Thanks,
Pinkhue

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2 Re: Null and Void Marriage? on Sat Aug 18, 2012 5:00 pm

thebeb63@yahoo.com


Arresto Menor
hello,this was regarding my boyfriend of 10 months,he had a lived in partner for 23 years.Year 2009,he was 46 y/o and she was 53 he signed the marriage contract 3 months before the departure of his partner for U.S. Because his partner was going to the states as an immigrant and my boyfriend was thinking at that time since he was46 years old that there was no way for him to go but follow her so as he will earn a living for their two children thats why he decided to sign it.My question is according to my boyfriend he signed the marriage contract inside their bedroom,no appearance,no pictures at all no ceremony whatsoever. Since 2009 they never saw each other and lost their communication. I came to his life Sept 2011. Aug 2012 we were informed that the marriage was valid,is there any legal impediment re their marriage because the signing of the marriage contract was done inside the bedroom and no appearance at all in civil or church wedding? Please enlighten us about this matter so as we can proceed to our plan of getting married as soon as. We are not getting any younger I am 49 years old and we realized ours was the true love that we met again after 32 years.thank you so much.
thanks,
thebeb RC



Last edited by thebeb63@yahoo.com on Sat Aug 18, 2012 5:04 pm; edited 1 time in total (Reason for editing : wrong age)

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3 Re: Null and Void Marriage? on Mon Aug 20, 2012 11:12 pm

attyLLL


moderator
pink, it will depend on what exemption was used and whether it can be proved that the exemption was not warranted.

thebeb, if he can prove there was no ceremony, then the marriage can be declared a nullity. hard to overcome the presumption though.


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4 Re: Null and Void Marriage? on Tue Aug 21, 2012 9:43 am

pinkhue


Arresto Menor
Hi Atty!

in the marriage certificate,the specific exemption based on EO 209 were not stated clearly. It was only mark by an x on the box stating that they were married based on the said reason.

Thank you,
Pinkhue

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5 Re: Null and Void Marriage? on Tue Aug 21, 2012 9:31 pm

attyLLL


moderator
and what ground was marked with that 'x'? yes, that's how it is done


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6 Re: Null and Void Marriage? on Sat Aug 25, 2012 3:42 pm

pinkhue


Arresto Menor
Hi atty.,

in the marriage certificate, there are options where the solemnizer will have to put an "x" mark that represents as a reason of contracting a marriage. In their marriage certificate, 2nd option was the one which has an "x" mark stating that "no marriage license was necessary, the marriage being solemnized under article.... of executive order No. 209.I would like to ask if all the exemption under EO 209 applies when they contract their marriage?

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7 Re: Null and Void Marriage? on Mon Aug 27, 2012 9:58 pm

attyLLL


moderator
if he can prove that that the ground didn't actually exist, then his marriage can be declared void.


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8 Re: Null and Void Marriage? on Wed Aug 29, 2012 7:31 pm

pinkhue


Arresto Menor
Does his statement alone atty. already enough to make the marriage void or he will need a witness to testify that the ground doesn't really exist?

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9 Re: Null and Void Marriage? on Fri Aug 31, 2012 8:20 am

pinkhue


Arresto Menor
Good morning Atty!

Follow-up question po,.does declaring nullity of marriage has the same process of annullment together with the cost?How about the tenure of processing?Or does it varries with the availability of witnesses, legal counsel and the petitioner itself? If my boyfriend will pursue to file a case, can her ex-girlfriend file a bigamy case on the contrary if for example we are living together as of this moment?

Thank you po,
Pinkhue

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10 Re: Null and Void Marriage? on Wed Sep 05, 2012 10:48 am

rtyd2002


Arresto Menor
hi atty. My papers were released already from OSG. now, is there any expiry upon registering it to the Civil registrar and NSO. please atty, need you advise.
Can i have your Cellphone No?
Thank you,

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11 Re: Null and Void Marriage? on Sat Sep 08, 2012 11:19 am

attyLLL


moderator
pink - statement alone normally will not be sufficient. cost depends on which lawyer you retain.

rty - not sure what you are referring to. but if you have entry of judgment, then there really is no expiry for submission


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12 Re: Null and Void Marriage? on Mon Sep 10, 2012 9:31 am

pinkhue


Arresto Menor
Good Morning Atty.!

Aside from his statement, what do you think must my boyfriend needs to do atty.? Hope you could give us an advice again..

Much thanks,
Pink

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13 Re: Null and Void Marriage? on Mon Sep 10, 2012 5:31 pm

concepab


Reclusion Perpetua
pinkhue wrote:Good Morning Atty.!

Aside from his statement, what do you think must my boyfriend needs to do atty.? Hope you could give us an advice again..

Much thanks,
Pink

Just like what atty said in his previous answer, statement alone wouldn’t be enough. In the chapter 2 of EO 920 there are several reason for the exemption, necessary proof defends on the reason specified in their certificate.

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14 Re: Null and Void Marriage? on Tue Sep 11, 2012 6:51 pm

pinkhue


Arresto Menor
there are no specific reason specified in thier marriage certificate based on EO 209.
So, I guess it explicitly states that all of the exemptions in EO 209 could apply as a reason.Any advise po on what will my boyfriend would have to do to if his statement could not satisfy?

Thank you,
Pink Question

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15 Re: Null and Void Marriage? on Thu Sep 13, 2012 12:31 am

majhun


Arresto Menor
is it possible that the marriage contract is register in city hall but not register in NSO?

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16 Re: Null and Void Marriage? on Thu Sep 13, 2012 10:59 pm

attyLLL


moderator
pink, in the case i'm handling,i intend to prove that all the grounds do not exist.

majhun, it's very possible.


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17 Re: Null and Void Marriage? on Sat Sep 15, 2012 8:59 am

pinkhue


Arresto Menor
Good morning Atty!

If the said ground was the reason in filing for making the marriage void, can the decision be serve in a short span of months atty.?

Thanks,

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18 Re: Null and Void Marriage? on Sun Sep 16, 2012 11:05 pm

attyLLL


moderator
a year


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19 Re: Null and Void Marriage? on Thu Sep 27, 2012 12:33 pm

ruthie glance ehru


Arresto Menor
hi atty,

my boyfriend and i are planning to get married,pero kasal po xa sa unang asawa nya,valid po ba ung marriage nila since nauna palng pinakasalan nung girl ung hapon nya kesa sa boyfriend ko..at ang sabi nung girl eh legal daw silng mag asawa ng boyfriend ko..maraming salamat po

glance

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20 Re: Null and Void Marriage? on Thu Sep 27, 2012 10:04 pm

attyLLL


moderator
it might be void, but the court will have to declare it void first.


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21 Re: Null and Void Marriage? on Fri Sep 28, 2012 9:26 am

skulze


Arresto Menor
Attorney kapag po ba namatay ang asawa considered na automatically annulled na ang marriage? or do you need to file the death certificate first? and if you havent filed the death certificate and got married is st considered void? Please I need your advice thankyou....

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22 Re: Null and Void Marriage? on Fri Sep 28, 2012 5:28 pm

attyLLL


moderator
marriage is terminated upon death.

you can remarry, and you will be asked to present the death certificate when applying for a marriage license.


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23 Re: Null and Void Marriage? on Fri Oct 05, 2012 7:36 pm

skulze


Arresto Menor
thanks attorney,what if the girl didnt submit any death certificate?and the guy doesnt know that she was previously married?is their marriage considered void?

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24 Re: Null and Void Marriage? on Tue Feb 05, 2013 11:15 am

confusedMuch


Arresto Menor
Good morning Atty.

When I got my civil wedding, we just had my birth certificate form the civil registrar, I use that everywhere and didnt bother to get NSO Birth Certifiate. When I travelled to HK for a vacation, I need NSO Birth Certificate for passport. To my surprise, I was 5 years younger.. When I checked on the civil registry of my city it was the same am 5 years younger, they said, all this time am holding a tampered civil registry birth certificate, cant ask my dad who filled it coz he past away long time ago, my mom doesnt know either.

My question is, I got married when I knew I was 18 then,, contrary to the legal birth certificate, during the time of my marriage am five years younger than 18 (13 years old).

Does it mean my marriage is automatically null and void? Can I re marry another guy? or I need a court order to declare that my marriage is null and void?

What do I need to do to make my marriage null and void?

Regards,
confusedMuch

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25 Re: Null and Void Marriage? on Tue Feb 05, 2013 12:46 pm

attyjoyce


Reclusion Perpetua
Hi confusedMuch,

It seems that your correct date of birth is the date stated in your birth certificate that you get from National Statistics Office (NSO) since you mentioned that it is the same with your city civil registry.

Since your true and correct age at the time of your wedding is only thirteen (13) years old, then your marriage is null and void because you are a minor at the time of your marriage.

You need a court order declaring your previous marriage null and void before you can remarry.

For more free legal information about family and marriage, you may visit www.domingo-law.com

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26 Re: Null and Void Marriage? Today at 12:08 am

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