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what should i do if my marriage is void?

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1 what should i do if my marriage is void? on Tue Apr 02, 2013 6:09 am

cherryblossom_88


Arresto Menor
good day!

I have read the family code in the philippines.

in my case, i was married when i was 17 yrs. old, and my husband is 21, we have our parents consent and they we're there during our civil wedding. We got married kasi dinaya po un birth cert. ko, nilagay po na 18yrs.old na ko. Pumayag po ako kasi paabroad un husband ko, i am pregnant and gusto namin na sa apelyido na niya maregister yun baby.

now i'm worried dahil nga sa nabasa ko na void ang marriage namin. we have two kids now and in good condition naman ang pagsasama namin. Ano pong dapat namin gawin para mailagay sa tama ang lahat? Maapektuhan din po ba nito un birth cert. ng mga bata?

thanks...

and sana po matulungan ninyo kami.

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2 Re: what should i do if my marriage is void? on Wed Apr 03, 2013 12:03 pm

attyjoyce


Reclusion Perpetua
Hi cherryblossom_88

Children born out of wedlock may be legitimated by the subsequent marriage of their parents, who at the time of the conception of the former, were so disqualified only because either or both of them were below eighteen (18) years of age.

Registration for legitimation is processed at the Local Civil Registrar (LRC) where your child was born.

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


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3 Re: what should i do if my marriage is void? on Wed Apr 03, 2013 8:08 pm

attyLLL


moderator
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

this is one one of those situations where if no one questions it, it will be presumed valid. and only you two can question your marriage.


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4 Re: what should i do if my marriage is void? on Fri Apr 05, 2013 5:34 pm

cherryblossom_88


Arresto Menor
thanks for your response...

about po sa marriage namin, ano pong dapat namin gawin? should we marry again?

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5 Re: what should i do if my marriage is void? on Fri Apr 05, 2013 6:44 pm

hlslawph


Arresto Menor
Better if you simply marry again.

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6 Re: what should i do if my marriage is void? on Fri Apr 05, 2013 10:17 pm

cherryblossom_88


Arresto Menor
thanks for your immediate reply...

it was a relief... we don't want our marriage to be void.



Last edited by cherryblossom_88 on Fri Apr 05, 2013 10:21 pm; edited 1 time in total

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7 Re: what should i do if my marriage is void? on Fri Apr 05, 2013 10:20 pm

cherryblossom_88


Arresto Menor
do we still have to file for declaration of nullity before we renew our marriage,

or can we just renew our marriage then register for legitimation of our children?

thanks in advance...

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8 Re: what should i do if my marriage is void? on Sat Apr 06, 2013 12:17 pm

attyLLL


moderator
i don't think you can marry again without some form of falsehood being made. cenomar is now required (although no legal basis for it) and it will show your previous marriage.

imo, the only legal way to fix it is to have the first marriage declared void and then to remarry.


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9 Re: what should i do if my marriage is void? on Sat Apr 06, 2013 2:31 pm

cherryblossom_88


Arresto Menor
thank you po sa reply attyLLL,

does this mean, illegitimate yun children namin kahit na nakapirma yung husband ko sa birthcert. nila?


i also want to know, same process po ba ang Declaration of Nullity of Marriage and Annulment? how long will it take po kaya?


maayos naman po ang pagsasama namin, gusto lang po namin na maayos yung papers namin...


and hindi po kasi ako makapagparegister as voter knowing na mali ang date ng bday ko sa marriage cert. namin...



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10 Re: what should i do if my marriage is void? on Sat Apr 06, 2013 10:47 pm

attyLLL


moderator
the children are presumed to be legitimate unless a court says otherwise. again, if neither of your spouses question it, no one else can.


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11 Re: what should i do if my marriage is void? on Sun Apr 07, 2013 2:31 pm

cherryblossom_88


Arresto Menor
ok po, thank you so much...

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