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Validity of Marriage

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1 Validity of Marriage on Wed Oct 10, 2012 4:09 pm

ihadenuf2012


Arresto Menor
Good afternoon atty. I was married when i was 18 years ols. My parents didn't sign the parental consent, the Auntie of my husband forged the signature of my mother. Is there any way na ipa-null and void yung marriage? I had checked with NSO and it was registered.

Thank you very much.

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2 Re: Validity of Marriage on Thu Oct 11, 2012 9:52 pm

arden2603


Arresto Mayor
no, Art 3 of the family code provides that the formal requisites are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

..Since the parental consent is needed in the issuance of your marriage license Art.4 of the Family code provides:

any irregularities of any essential requisites shall not affect the validity of the marriage however, the parties involved shall be criminally, administratively, or civilly liable.

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3 Re: Validity of Marriage on Sat Oct 13, 2012 6:18 pm

attyLLL


moderator
yes, it is possible if you did not live together after reaching the age of 21 and you have not reached the age of 26 yet. after that, the ground may no longer be invoked.


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4 Re: Validity of Marriage on Tue Nov 06, 2012 3:14 am

ihadenuf2012


Arresto Menor
Thank you attyLLL for replying. I am already 27years old. So Sir, in my case only annulment lang po makakapagpawalang bisa ng kasal? Tama po ba?

Thanks din po arden2603

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5 Re: Validity of Marriage on Sat Nov 10, 2012 12:12 am

attyLLL


moderator
if there is another valid ground, yes


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6 Re: Validity of Marriage Today at 4:20 am

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