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Void Marriage

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1 Void Marriage on Thu Sep 06, 2012 11:11 pm

parallaxe


Arresto Menor
Hi,

I have a girlfriend. I wanted to marry her someday. My problem is that she has a record of a "fake" marriage with her ex-husband in NSO. I said it's fake because her husband was married to another woman long before they got married. She does not know that her ex was already married. She searched in registry using her ex-husband's name and 2 marriage contracts appear for his name.

What can we do to fix this? What process should we undertake to correct the fake marriage?

Thank you in advance for your replies.

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2 Re: Void Marriage on Thu Sep 06, 2012 11:39 pm

haunt


Arresto Menor
atty---

correct me if ia m wrong but as per above and other replies in the forum --. marriage is null and void since marriage is bigamous,but IF not declared by court TO be annuled yet --- if parallaxe and girlfiend are having sexual intercourse, they can be chage with adultery and guy can be considered paramour and be possible to charge damages for interfering in marital affairs, right?

To solve issue, girl needs to file annulment but if husband considers you to be the cause of their fallout ,you will be possible to be charge for adultery and damages.

Marriage is null and void but still valid until declared by court to be annuled. First guy commited bigamy.

If girl marries even though her precious marriage is null and void and did not annul it --would be commiting bigamy as well.

and boyfriend/paramour can still be sued for damages even after marriage is annuled.


did marriage happen in Philippines?

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3 Re: Void Marriage on Fri Sep 07, 2012 2:12 am

parallaxe


Arresto Menor
As per my girlfriend, they married here in the Philippines. I can't be the reason for their fallout because we just met a few months ago and they were separated a few years back before we met.

Is there a need to file annulment case for a void/null marriage? And how did it occur that their marriage was recorded even though in our registry the "fake" ex-husband already has a record? I know that a CENOMAR is one requirement to be able to get a marriage license.

Tsk, tsk.... only in the Philippines....

Thank you atty for your reply. Please advise me further.

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4 Re: Void Marriage on Fri Sep 07, 2012 2:34 am

haunt


Arresto Menor
WELL AS FAR AS I KNOW..it happens..does nit mean any irregualrity in marriage makes it not valid anymore.as long as ceremony happened with witnesses and was not force into it...As per Family Code i believe.marriage is valid until declared void by court.

as per your claim just became her boyfried now..does not mean you were not the reason of their fallout, but still they are married and you can be considered interfering with Marital affairs now, as you know first priority of court is to ask if marriage can still be save as Christian country and all.

and now husband can possibly charge you with damages that they cannot fix it now coz you are there..you can be considered as a paramour(kabit) ,since as you know a marriage contract is a contract..Atty,,if anything else pls add..

you cannot say he is a fake husband coz they are not yer annuled , if a wedding ceremony happened ,any irregualties in paperwork are just that, irregularities, because they are registered,,they're marriage is void but until declared by court ,they are still marriedly valid?

and she is still not heR EX-HUSBAND..coz does not mean they are not living together that they are not married anymore..if husband got evidence of your name or evidence of sexual intercourse or if you are living together, adultery can be filed and damages so be careful Smile

sorry to say but its always dangerous to court a married lady...unless they have amicable understanding to go separate ways,,but if one still want to fix it and fighting for it...you will be considered the third party--good luck Smile

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5 Re: Void Marriage on Fri Sep 07, 2012 4:42 am

parallaxe


Arresto Menor
Thank you all for your valuable replies. I surely learned something and planning for the next course of action.

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6 Re: Void Marriage Today at 6:21 am

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