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Is my marriage void and null? How can I nullify it?

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Arresto Menor
Good day. I just have an inquiry regarding my status. When I was 17yo or 18yo (I'm sorry, I'm not quite sure because it happened a long time ago), I got married at Manila City Hall. A few months after the marriage, my husband and I parted ways. I did not know the name of the judge who conducted the ceremony, I do not have any idea who were the witnesses, no parents' consent, of course my parents did not know anything about it and lastly, we did not have any marriage license.

I am now 29yo and I am planning to marry. I thought everything that happened back then was just big joke. When I requested for my CENOMAR, it appeared that I am married to the guy. Apparently, there are some information which are questionable stated on the certificate. My name was misspelled, my year of birth was incorrect and the place of marriage that was stated was in Las Pinas, where in fact it happened in Manila City Hall.

I also read some references online (I am not quite sure how updated they were), and here are some points that I have found:

Chapter 3. Void and Voidable Marriages

Art. 35. 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;

(3) Those solemnized without license, except those covered the preceding Chapter;

I am quite sure in this case that I don't have a license during that time

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

Can I have some legal advice? I can not afford for a decent lawyer. Is there anything that I can do to fix this? Thank you very much.

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tsi ming choi

Reclusion Perpetua
Your marriage status is Void ab initio, that is void from the very beginning because of the following defects/absence:

1. YOur age, 17yrs old. Incapable of giving consent, you are not legally capacitated to marry.

2. Assuming that you are 18yrs old at the time of the celebration of your marriage, however, there is no marriage license procured yet, thus, absence of marriage license will render your marriage void.

Your remedy is to file for annulment of marriage invoking those grounds as mentioned above.

And you need a lawyer for this. Maybe in PAO. just try.

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3 Thank you. on Mon Feb 18, 2013 1:29 am


Arresto Menor
Thank you.

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