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almost instant wedding

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1 almost instant wedding on Mon Feb 25, 2013 6:54 pm

marielle1177


Arresto Menor
june of 1999, my family and my boyfriend then, agreed for us to get married, the day we went to apply for the marriage license, the mayor saw us and asked why we are there, when he learned that we were planning to get married, he told us he will marry us of at that same day, so without the marriage license, we were married, even the marriage contract we signed at the time was incomplete. they said that they will just fill in the details once the date on the marriage license came. also, my boyfriend was not accompanied by his parents, that time he said he was 20 already. he doesn't even have his birth certificate presented at the time. and on our marriage contract, it was just stated that consent has been asked. the birth year he put in the marriage contract is 1978, later i found out that his birth is not yet registered and what's more, he was born on 1980. and even if he register on his birthdate as 1978, it can't be done because he has a sister who died at birth at that year.

also, he sparingly give financial support to our children, nor he stays with us. we live in rizal since 2002 and he opt to stay in laguna, coming only in our place once a month, staying for days only. around 2009, we have stopped communicating. well, i am the one who tries to communicate with him, i am sending him text messages and calls asking for support for the children but to no avail. so when i stop calling and texting him, no communication between us ensues. for the first time since 2009, in 2012, he came to rizal to see the children, and just that. no more contacts after until this very moment. i was working in the UAE to support my children who are staying with my parents. by chance i saw his facebook page, and saw him with his new girlfriend, starting a new family with her.

i would like to ask is there any ground for me to use in order to nullify or annul the marriage? if so, how do i start the process

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2 Re: almost instant wedding on Mon Feb 25, 2013 7:26 pm

jd888


moderator
You can get Married without Marriage License under “articulo mortis”, maybe the Mayor/Solemnizing Officer made an affidavit that there was difficulty on your part to face the Civil Registrar during that time, or a situation when it is physically impossible for both or either of the party to present themselves before a local civil registrar. This happens when there is no means of transportation available to the marrying couple. The Mayor as the solemnizing officer of the marriage, must make affidavits that indeed, the barrio where the couple is residing is inaccessible. He should also make sure that both parties are legally able (no current wife or husband) to enter marriage. Then, he must send the affidavit, together with marriage contract, within 30 days, to the Civil Registrar of the Municipality.

Regarding the Birth-date, and the Birth Certificate, this is a requirement for Marriage License; I see an Argument of "Voidable Marriage" here.

I recommend you should get a Lawyer for this when you repatriate.

Regarding the monetary problem, Depriving financial support to mother, child is an act of violence.

Section 5 (e) (2) of Republic Act No. 9262 or otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004” provides, to wit:

“SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

X x x

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

X x x

Thus, the failure of the father to provide financial support to your child(ren) is a valid ground to sue him for violation of the said law. The said case is a criminal case which may lead to the imprisonment of the father of your child(ren)once you have proved beyond reasonable doubt his violation of the said law.


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3 Re: almost instant wedding on Tue Feb 26, 2013 11:57 pm

aiks


Arresto Menor
sir pano naman kung naikasal din walang licence at requirements pero mali pa ang apelido ng lalaki sa birth cert tapos separated na sila ngaun voidable po ba iyun? pede bang mapawalang bisa ang kasal?? kinasal sa manila pero sa san juan naka register?

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4 Re: almost instant wedding on Wed Feb 27, 2013 12:30 am

assenav


Prision Mayor
Hi poh..

This case is about my sister's situation right now.. She has 2 kids already and working in taiwan till now. Just last november 2012, we got surprise wen she told us that she'll be coming home to get married.. She filed a 2 weeks vacation on her company oversea for the wedding..

Sice di makakapag asikaso ng needed docs and papers ang ate ko, yung magiging husband nya ang nag asikaso sa lahat..Nagtaka kami kasi sa province ng guy gaganapin yung civil wedding..Ang reason na sinabi nila eh para daw madali na at wala na maraming questions..

Sa madaling salita poh, nakasal sila. Civil.. Need na bumalik ng ate ko sa taiwan since emergency vacation lang nmn na file nia. Naiwan yung 2 kids ng ate ko ages 9 and 12, sa husband nia at pansamantala, sa parents namin sila nakatira since doon nmn nakatira mga bata habang nasa taiwan ang sis ko..

Ok naman nung una,.. Kaso recently, biglang nagkaroon ng malaking problema.. Mag ko cross country daw yung sis ko sa dubai at duon na magwork.. Nagsimula na magka problema sa part ng parents ko and sa husband ng sis ko kase gusto ng nanay ko na umuwi nalang ate ko since may asawa na nmn para mag support sa kanila..
Pero yung husband pa ng ate ko yung nagtutulak sa sis ko para tumuloy kase syang daw opportunity.

Nitong first week poh ng feb., natuklasan namin na bakla yung napangasawa ng sis ko.. Nagsabi yung mga bata na kapag nakakatulog na daw sila, nararamdaman daw nila na hinahawakan ng step father nila yung private part nila. Sinabi rin nila na sabay sabay sila naliligo ng step dad nila na at na shock kami na hubot hubad daw yung step dad nila pag naliligo sila.. Tapos nakakita sila cd na may tatak na superman sa kwarto na tinulugan nung step father nila. Dahil akala nila movie na superman, binala nila sa dvd..
Nagulat sila na ang laman pala eh bold movie na 2 guys making love..
We were shocked...!

Isa pang problem, need ng ate ko ng 35k para sa break contract sa present company nia ngayun,,.. Ang nangyare, biglang naholdap "DAW" yung husband nia nung nag withraw ng pera.. Kine kwestyon ng ate ko yung pag wi withraw kase wala pa naman sila usapan na magpadala na sa kanya ng pambayad.. After nung "naholdap" daw,d na nagparamdam sa sis ko.. mga 2 weeks na wala kahit ano..

Then nag send ng messages sa ate ko na nakikipag hiwalay na.. Itse check daw nung guy yung marriage contract kung naipasok na at kung nde pa, hindi na raw nia ipapatuloy..

Tanong ko poh..
Pede bang kasuhan ng child abuse yung guy?
Theft?

D rin naman personal na kilala ng ate ko yung guy since sa FB world din lang sila nagkakilala...

Pa advise naman poh..

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5 Re: almost instant wedding on Wed Feb 27, 2013 6:36 pm

attyLLL


moderator
get those kids out asap. you can file a case of acts of lasciviousness or child abuse


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6 Re: almost instant wedding on Wed Mar 27, 2013 6:40 pm

assenav


Prision Mayor
Gud day attyLLL...

Reg poh sa nullity ng marriage since gay yung lalaki.. Pano poh process nun eh nasa dubai na ang ate ko..
She wants the guy to pay her all the money he intentionally get sa acct ng sis ko at the same time kasuhan ng child abuse..

Anu poh ung grounds para ma nullify yung marriage nila?

Ty poh..

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7 Re: almost instant wedding on Thu Mar 28, 2013 4:35 pm

attyLLL


moderator
the safety of the children should be the primary concern, if what you claim is true. the annulment is secondary.

if homosexuality is the ground she will rely upon, she has to prove that it was concealed from her.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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8 Re: almost instant wedding Today at 12:04 am

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