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nullity of marriage

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1 nullity of marriage on Thu Nov 15, 2012 9:15 pm


Arresto Menor
This is my second time to ask this question. I am asking this again because in my past post, I have few replies.
Again, I would like to ask if the issue of not submitting an affidavit before marriage ceremony could be grounds for nullity of marriage. I read that for common law marriages, the contracting parties should submit an affidavit stating facts about the living together for certain period of time.
In our case, we did not submit any affidavit thats why the judge ask us where is the document. But, she still proceeded with the ceremony.
Can I use this to file for nullity of marriage?

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2 Re: nullity of marriage on Fri Nov 16, 2012 3:55 pm


Arresto Menor
Can anyone please reply to my posted question?

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3 Re: nullity of marriage on Fri Nov 16, 2012 7:00 pm


Reclusion Perpetua
What is that affidavit? In marriage, there are only 3 requisites
1. Consent
2. Authority of the solemnizing officer
3. Marriage ceremony

The absence of the affidavit is not a license for you to file for nullity of marriage.

Please read Article 35 upto 54 of the Family Code of the Phils. just in case.

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4 Re: nullity of marriage on Sat Nov 17, 2012 2:19 pm


if you actually lived together for 5 years, then it is only an irregularity

if you didn't live together for 5 years before the marriage then the marriage is void

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