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MARRIAGE VALIDITY

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1 MARRIAGE VALIDITY on Sun Sep 16, 2012 8:39 am

ladyconan


Arresto Menor
Good Morning Atty,

Ask ko lang po kung pano ko po malalaman kung valid ba ang kasal namin ng husband ko? nagpakasal po kami sa Judge sa QC City Hall. Fixer po ang nagasikso ng kasal nmin. hindi po kami dumaan sa right process ng pagaaply ng kasal. basta po nagbayad lang kami sa fixer and then after a day bumalik kami sa QC city Hall may Judge ng magkakasal samin.
Nagcheck namn po ako sa NSO nakakuha naman po ako ng NSO Certified na Wedding Cert namin.
ppossible po ba na fake ang kasal namin kasi thru fixer lang sya kahit n may record sa NSO?

Please advise po.
Thanks.

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2 Re: MARRIAGE VALIDITY on Sun Sep 16, 2012 10:49 pm

attyLLL


moderator
if there is a marriage license number indicated on your marriage contract, it's pretty solid.


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3 Re: MARRIAGE VALIDITY on Tue Sep 18, 2012 9:26 am

ladyconan


Arresto Menor
Thank you Atty.

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4 Re: MARRIAGE VALIDITY on Thu Sep 20, 2012 1:45 am

yarie


Arresto Menor
Gusto ko po ng annulment..nagpakasal lng kmi nuon way back 14yrs ago pero wala p isang taon nagloko n siya..now gusto ko na mag annuled sana kasi hindi nmn kmi naging mag asawa pero dahil nga nakaregister s NSO un kasal nmin i considered my self as married prin..while i was looking forward to my annulment dahil gusto ko n magpakasal s bf ko i found out na may una pala siya pinakasalan kumuha ako ng cenomar nya s NSO then i found out he was married pala last 1990 at un sken 1998..dba po null and void un married sken nun? ano po ang dapat ko gawin para maging legalize at mapawalang bisa ang marriege ko as soon as possible?

Please advice.
Thanks

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5 Re: MARRIAGE VALIDITY on Thu Sep 20, 2012 2:50 am

arden2603


Arresto Mayor
yarie I think valid yung marriage mo 14 years ago, kahit na nagloko pa yung asawa mo, as long as andun yung essential requesites ng marriage:

(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.

but you could file a petition for declaration of nullity of marriage on grounds of psychological incapacity:

Art. 36 of the Family Code.

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

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6 Re: MARRIAGE VALIDITY on Thu Sep 20, 2012 9:32 am

ElijahJohan


Arresto Menor
Hi i just want to ask kung pde po kami magpakasal kht 20 plang ako and 21 plang sya without any parental consent coming from my parent?

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7 Re: MARRIAGE VALIDITY on Thu Sep 20, 2012 10:20 pm

arden2603


Arresto Mayor
ElijahJohan parental consent is needed becase your age is between 18 and 21. Between 21 and 25 parental advice is needed, however failure to get parental advice will only postpone the issuance of the marriage license for 3 months also marriage counseling is needed. parental consent is really necessary if you want to marry at your present age.

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8 Re: MARRIAGE VALIDITY on Fri Sep 21, 2012 2:34 pm

yarie


Arresto Menor
Thanks Atty.

Atty He was married last 1990 and i married to him last 1998 for 2 weeks only. Ngyun ko lng nalaman lht ng eto after a decade na meron pala siya una pinakasalan..Pero bkt po ganon nkarehistro din un kasal ko s NSO kht n may pinakasalan siyang Una? ano po ang dapat kung gawin Madami po ang nagsasabi sken na walang bisa ang kasal ko at malaya ako magpakasal..ano po ang dapt kung gawin para mawala ang record na eto s NSO? Gusto ko po mapawalang bisa eto at mawala ang record..Di po ba single ako dhil dito? at pede ako magpakasal muli? ano po dpt gawin? Bigamy po eto db? Gusto ko mawala record ko soon po total kasalan eto ng NSO ksi bkt po nangyayari mregisterd ang kasal ng kht ilang beses hindi b nila eto check.Smile Smile

Pls advice.

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9 Re: MARRIAGE VALIDITY on Sat Sep 22, 2012 4:39 pm

attyLLL


moderator
elijah, if you are not able to get consent, issuance of your marriage license will be delayed by 3 months

yarie, you will have to file a petition for declaration of nullity based on bigamy. be thankful there's an easily provable ground


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10 Re: MARRIAGE VALIDITY on Sat Sep 22, 2012 8:38 pm

yarie


Arresto Menor
Atty Thanks..

Gaano po eto tatagal kapag nagfile ako ng petition for declaration of nulity based on bigamy? magpapakasal po kasi ako this january 2013 Gusto ko na maging legal nmn this time ang kasal ko. Hindi ko ata eto magagawa alone i need an atty's service anyone can help me..un maaaford ko lng sana..pls help.
Thank u in advance!

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11 Re: MARRIAGE VALIDITY on Sun Sep 23, 2012 10:58 pm

ydnar


Arresto Menor
gud day po!!
valid po ba ung marriage namin ng misis ko kc po kinasal kami at her age of 17 aug 1996 tapos lumabas po ung marriage contract namin after nya mag 18 that was jan 1997 so un pong petsa kung kelan kami kinasal ay hindi ugma dun sa lumabas na marriage certificate namin...valid po ba ito?? salamat po!!

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12 Re: MARRIAGE VALIDITY on Tue Sep 25, 2012 5:36 am

ElijahJohan


Arresto Menor
so we can still get married at my age wthout any consent. but it will delay the issuace of the license? after that there will be no problems on getting married. is that ryt?

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13 Re: MARRIAGE VALIDITY on Tue Sep 25, 2012 8:15 pm

attyLLL


moderator
yarie, i recommend to budget a year. and i don't recommend you get married before that is final or else you can be prosecuted for bigamy.

ydnar, imo, it is not valid, but it will be hard to prove that you did not get married on an earlier date

elijah, yes, you can get married. but can i just say that you should not rush it.


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14 Re: MARRIAGE VALIDITY on Wed Sep 26, 2012 4:17 am

ElijahJohan


Arresto Menor
Thanks for the info Atty.! i appreciate it a lot. Very Happy

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15 Re: MARRIAGE VALIDITY on Wed Sep 26, 2012 4:24 am

ElijahJohan


Arresto Menor
one last thing. we already have 1 kid and currently pregnant for the 2nd child. will that make the process much more faster or it will be the same thing? also for the parental advice, if the parents of my boyfriend do not want us to get married will that again delay the process of our license for another 3months?

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16 Re: MARRIAGE VALIDITY on Wed Sep 26, 2012 9:07 am

kiviejo@gmail.com


Arresto Menor
good day.. i am hoping i could get help here... my husband had a mistress and someone said they had a child.. my husband asked me to sign a separation de facto. i would like to ask advice what is the best thing to do? if i sign the separation de facto, can i still file adultery case against my husband and his mistress?

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17 Re: MARRIAGE VALIDITY on Thu Sep 27, 2012 9:35 pm

attyLLL


moderator
he will use that agreement to show that you gave your consent to his extramarital affair


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18 Re: MARRIAGE VALIDITY on Sat Sep 29, 2012 3:42 pm

ydnar


Arresto Menor
thanks att'y... So ano po ang mga proof na dapat kong iprovide sir?

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19 Re: MARRIAGE VALIDITY on Tue Oct 02, 2012 1:07 pm

arden2603


Arresto Mayor
@elijah your child and pregnancy will not fasten up things, yes it will delay the issuance of the marriage license.

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20 Re: MARRIAGE VALIDITY on Thu Oct 04, 2012 12:34 pm

attyLLL


moderator
ydnar, think of what evidences that you can provide. in the case we handled, we presented the witnesses and the restaurant staff where the reception was held. case is still pending.


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21 Re: MARRIAGE VALIDITY on Fri Oct 05, 2012 11:54 pm

vanet


Arresto Menor
atty,

i want my marriage to end separated for 13 yrs both of us from bulacan got married in manila city hall our marriage license issued in imus cavite the solemnizing officer was a minister... ... we dnt have kids... can i fill annulment or null n void marriage from the start due to some technicality...advice please...

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22 Re: MARRIAGE VALIDITY on Tue Oct 09, 2012 1:16 pm

ydnar


Arresto Menor
thanks atty, pwede po i pm nyo po skin ung mga dapat ko gawin and gusto ko po kkmuha ng atty para dito.....salamat po

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23 Re: MARRIAGE VALIDITY on Wed Oct 10, 2012 5:05 am

777misteryosa


Arresto Menor
please, i need some legal advice,.. ikinasal po aq s ex-husband ko 8yrs. ago. nalaman ko na ang pangalan palang ginamit nya ay yung sa pamangkin nya n matagal ng patay, dahil kasal pala sya iba bago kami nagpa-kasal. ito po ba ay legal o null? may isang anak po kami na magse-seven yrs. old na, kanino po mapupunta ang child custody ng sa bata? at maituturing po bang peke ang birth certificate ng anak ko kung ung ang paternal name na ginamit dun ay yung hindi tunay na name ng ex-husband ko na syang ginamit nya para makasal kami na sa namatay na pala nyang pamangkin? maaari po ba akong makasuhan din gaya ng bigamy or anythng? and may boyfriend po ako ngayon, pero iniiwasan po naming makagawa ng kung anu at baka makasuhan kami ng adultery, anu po ang dapat naming gawin para makasal kami at maging legal ang aming pagsasama.? maaari nya poh bang i-adopt ang anak ko as a legal son. help lang po please..

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24 Re: MARRIAGE VALIDITY on Sat Oct 13, 2012 7:19 pm

attyLLL


moderator
if you can prove that your husband was previously married, then the marriage may be declared void by the court.

child custody can be by either parent. if you want it, then keep the kids.

if you remarry before your marriage is declared void, then you can be charged with bigamy.


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25 Re: MARRIAGE VALIDITY on Wed Dec 05, 2012 5:20 pm

ydnar


Arresto Menor
sir how long it will takes po if ever na ihain ko po ito sa korte kasama ang mga evidence at witnesses?

thanks po!!!

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26 Re: MARRIAGE VALIDITY Today at 12:27 am

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