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Nullity of marriage

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1 Nullity of marriage on Wed Mar 06, 2013 6:10 pm

Missy_00


Arresto Menor
Dear atty,

Good day! I would like to seek legal advice about my case.. I met my husband who is a Filipino naturalized as US citizen last 2000. He had a wife here in the Philippines and got married here last Nov. 1996. Before we got married just last year 2012, he told me that he dont need to file for an annulment because his wife is now a US citizen too and that he just need to acquire an affidavit in the US embassy for the legal capacity to get married here. He filed for a divorce in the US last 2010. But when I checked from NSO a cenomar for him, 2 marriages appeared, still with the previous marriage and ours.

I would like to know if my marriage with him is still valid or not?

Thank you and God bless.

Missy

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2 Re: Nullity of marriage on Wed Mar 06, 2013 10:46 pm

ibonidarna


Reclusion Perpetua
It is correct that he does not need to file annulment due to the divorce. But he needs to file a petition for judicial recognition of foreign divorce before contracting marriage with you. due to the lack of it, his second marriage is a bigamous one.

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3 Re: Nullity of marriage on Thu Mar 07, 2013 9:33 am

Missy_00


Arresto Menor
ibonidarna wrote:It is correct that he does not need to file annulment due to the divorce. But he needs to file a petition for judicial recognition of foreign divorce before contracting marriage with you. due to the lack of it, his second marriage is a bigamous one.

Thank you for your reply. If ever that is the case, how will I (as the second wife) nullify my marriage with him? Because if I will get my cenomar, our marriage will definitely appear. I wish to nullify my marriage as early as now so I can avoid any problems in the future. He told me before we got married that it will automatically nullify the previous one because they are no longer Filipino citizens that is why I decided to marry him. I'm hoping for your advice. Thank you.

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4 Re: Nullity of marriage on Thu Mar 07, 2013 11:54 am

ibonidarna


Reclusion Perpetua
Although your marriage is void for being a bigamous marriage, you need to file a petition for the judicial declaration of nullity

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5 Re: Nullity of marriage on Thu Mar 07, 2013 2:10 pm

Missy_00


Arresto Menor
ibonidarna wrote:Although your marriage is void for being a bigamous marriage, you need to file a petition for the judicial declaration of nullity

May I know the process of applying for the petition? What would be the documents that I need to accomplish it? Does it need my husband's presence or signature? Do I need to apply on the place our marriage took place? Thank you again.

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6 Re: Nullity of marriage on Thu Mar 07, 2013 11:18 pm

ibonidarna


Reclusion Perpetua
Start off by hiring a lawyer. He/She will file the petition for you. And he will ask you to show the law which is the basis of the divorce, the divorce decree, the certification of the divorce decree from the court of origin, and the authentication of the divorce decree by the Philippine embassy in the country where the divorce was granted.

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7 Re: Nullity of marriage on Fri Mar 08, 2013 10:48 am

Missy_00


Arresto Menor
ibonidarna wrote:Start off by hiring a lawyer. He/She will file the petition for you. And he will ask you to show the law which is the basis of the divorce, the divorce decree, the certification of the divorce decree from the court of origin, and the authentication of the divorce decree by the Philippine embassy in the country where the divorce was granted.

Thank you for the information. Just to clarify again, so our marriage is void due to bigamy, is this the process for me to completely nullify our marriage? Or do I need to annul my marriage to him besides being void so it will be legal? Because I want to nullify it to avoid future problems. Thank you.

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8 Re: Nullity of marriage on Fri Mar 08, 2013 10:53 am

ibonidarna


Reclusion Perpetua
I thought you are trying to make your marriage with him valid. Thus the answer above.

However, if you want to nullify your marriage, a petition for declaration of nullity is your remedy. You need to show that at the time of your marriage, he was still married to the other woman. As proofs you need to show the Marriage Contract of the first marriage and your marriage contract. The important info there is the date of the celebration of each marriage.

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9 Re: Nullity of marriage on Fri Mar 08, 2013 11:42 am

Missy_00


Arresto Menor
ibonidarna wrote:I thought you are trying to make your marriage with him valid. Thus the answer above.

However, if you want to nullify your marriage, a petition for declaration of nullity is your remedy. You need to show that at the time of your marriage, he was still married to the other woman. As proofs you need to show the Marriage Contract of the first marriage and your marriage contract. The important info there is the date of the celebration of each marriage.

I'm sorry Sir if I got you confused. Anyway, atleast you have given me so much information regarding both options. Smile So I just need marriage contracts of his previous marriage and ours and then ask a lawyer to represent me in filing for the petition, is that right? Do I need to file it on the place where we got our civil marriage? Thanks again.

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10 Re: Nullity of marriage on Sat Mar 09, 2013 4:57 pm

attyLLL


moderator
this is just my opinion. i don't agree that, as to the foreigner, the second marriage is void because the first marriage is still subsisting. the termination of the first marriage is not dependent on the petition for recognition of the foreign divorce. if he was charged with bigamy but was able to prove the divorce, my opinion is that he should be acquitted and the 2nd marriage deemed valid.


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11 Re: Nullity of marriage Today at 2:11 pm

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