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second marriage

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1 second marriage on Thu Mar 07, 2013 4:55 pm


Arresto Menor
actually po nasa abu dhabi kmi,since my 2 anak na po ung asawa ko dati, ano po ang magandang gawin para po makapagpakasal kami ng bf ko d2 sa abu dhabi?since 9 years na po wala kaming communication,kahit po sustento para sa anak ko wala dn po,pero wala po akong ganong kalaking pera para sa annulment nmin...salamat po....

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2 Re: second marriage on Thu Mar 07, 2013 11:02 pm


Reclusion Perpetua
Article 41 of the Family Code reads:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse

Thus you can file petition for declaration of presumptive death if you have a well-rounded belief that your spouse is already dead.

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