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After annulment,,what will be the status of the legitimate children?

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cloudstar


Arresto Menor
Good Evening Atty.,
I just want to ask,,kung ano po ba ang magiging status ng mga legitimate children after the annulment? Are they still considered as legitimate children? Kasi po,,di ba annulment means walang nag exist na marriage,,so paano po nun ang status ng mga legitimate children pag lumabas na ang annulment ng mga parents nila?

Thank u very much for giving me time & for your answer.. God bless you!

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concepab


Reclusion Perpetua
cloudstar wrote:Good Evening Atty.,
I just want to ask,,kung ano po ba ang magiging status ng mga legitimate children after the annulment? Are they still considered as legitimate children? Kasi po,,di ba annulment means walang nag exist na marriage,,so paano po nun ang status ng mga legitimate children pag lumabas na ang annulment ng mga parents nila?

Thank u very much for giving me time & for your answer.. God bless you!

the child will remain as legitimate.

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attyLLL


moderator
it depends on the basis for annulment. if it is something like bigamy or lack of marriage license, the children become illegit.

if it is psychological incapacity, they remain to be legit


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cloudstar


Arresto Menor
Thank u so much for ur answer attyLLL & concepab. God bless u both...

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adel.villafuerte


Arresto Mayor
In Annulment of Marriage, the essential and formal requisites of marriage are complied with, and hence the marriage is valid and the declaration of annulment by the court by reason of psychological incapacity does not affect the status of the child/children, it shall remain legitimate(s).

However, in Petition for Nullity of Marriage, in the beginning the marriage is void for reason of the defect in the formal requisites of marriage during its celebration.In this case, the declaration of the court annulling the same shall affect the status of the child and is/are considered illegitimate.

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