1 ATTENTION ATTY.LLL on Fri Jan 25, 2013 5:55 pm
2 Re: ATTENTION ATTY.LLL on Sat Jan 26, 2013 7:19 pm
4 Re: ATTENTION ATTY.LLL on Sat Jan 26, 2013 8:25 pm
hin ingan po ako ng parental consent para makasal at since na nnsa probinnsya ang mga magulang ko, pineke po yung pirma nila para lng masabi na pumayag sila at nandun nung kasal pero ang toto wala po...ako lng po mag isa ang nandun sa ksal.. tanung ko po pwede po ba grounds yun para ma pa void ang kasal under falsification of marrriage license. tnx po
5 Re: ATTENTION ATTY.LLL on Sun Jan 27, 2013 12:54 pm
GROUNDS for ANNULMENT:
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
AND Here are for Legal Seperation:
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
The following marriages shall be void from the beginning.
1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
2.Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.
3.Those solemnized without license, except those covered the preceding Chapter;
4.Those bigamous or polygamous marriages not failing under Article 41
5.Those contracted through mistake of one contracting party as to the identity of the other; and
6.Those subsequent marriages that are void under Article 53.
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