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Validity of Secret Marriage

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1 Validity of Secret Marriage on Mon Mar 04, 2013 8:54 pm

caleb62


Arresto Menor
I had a secret marriage but I doubted its validity. First, the solemnizing officer was, I think, a Christian. His religious sector is Jesus Christ Everlasting Father Church INT`L. INC. My husband and I are both Catholic. In the marriage certificate, the one who processed it wrote Christian as my husband's religion probably to match with the officer's religion. Article 7 of the Family Code of the Philippines(2) states that: Marriage may be solemnized by any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect.” We both don't belong to the same church with the solemnizing officer. Second, there were two witnesses whom we didn't know and one of them was gay but he wrote a female name in the marriage certificate or maybe his alias. Is our marriage valid?

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2 Re: Validity of Secret Marriage on Mon Mar 04, 2013 9:17 pm

concepab


Reclusion Perpetua
you want annulment or you are just worried about the validity of your marriage? if your are just worried about the validity, just leave it. as long as both of you recognized its authority, no prob. Very Happy

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3 Re: Validity of Secret Marriage on Mon Mar 04, 2013 9:29 pm

caleb62


Arresto Menor
if it's invalid then good. but if not i want an annulment. any advice? we got married before i went abroad. we never lived together. we're only married for a couple of months.

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4 Re: Validity of Secret Marriage on Tue Mar 05, 2013 5:51 pm

attyjoyce


Reclusion Perpetua
Hi caleb62

Under Article 4 of the Family Code, The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 35. The following marriages shall be void from the beginning:
(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;

Hence, even if both of you does not belong to the same church with the solemnizing officer, if you believe in good faith that such solemnizing officer has authority to do so, then your marriage is valid.

If you want to file an annulment, there must be a valid ground to support the petition.

For more free legal information about family and marriage, you may visit www.domingo-law.com

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