Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Legal Beneficiary - 2 marriages shown on CENOMAR

View previous topic View next topic Go down  Message [Page 1 of 1]

fea_antonio


Arresto Menor
My husband died from an accident on duty working in a ship overseas last March 12, 2013. As a legal beneficiary, i did comply with the requirements by getting nso certificates such as marriage contract, birth certificate of my children and CEnomar and found out that my late husband had been married to another woman last May 1989 while my marriage with my late husband was March 1995. I just wanted to know if i still have the right over the benefits of my late husband since the woman he was married to is also now married to a different man. I really need you help and guidance on this.

View user profile

attyLLL


moderator
very unfortunate. imo, your marriage is void, and the company might not release the benefits to you.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

fea_antonio


Arresto Menor
Would that incllude all the benefits from the governement organizations such as GSIS, OWWA, etc?

View user profile

attyLLL


moderator
well, if they have no confirmation of the first marriage, perhaps it can be released to you.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

lovely lady


Arresto Menor
atty,

Kahit po yung first wife ay hindi naghahabol?Pwede po bang sampahan ng kaso ang guy for bigamy?

View user profile

fea_antonio


Arresto Menor
Thank you for the information given, atty. May i know what confirmation means?

View user profile

attyLLL


moderator
confirmation, meaning they don't know about the first wedding.

lovely, death of a person extinguishes criminal liability.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

fea_antonio


Arresto Menor
Agency is requesting for cenomar, but didn't submit it yet. My option is to let the first wife waive her right in a form of a waiver since she is willing to do so, is this still possible?

View user profile

attyLLL


moderator
possible if the insurance will accept it, but i recommend that she waives it in favor of your children, not you.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

fea_antonio


Arresto Menor
The manning agency now knows about the first marriage and the first wife is not waiving her right. Is she still considered as a beneficiary given the conditions that she is already married to another man with children and have abandoned the marriage with my husband?

View user profile

Drummer Boy


Arresto Menor
@ fea:

Your marriage with your deceased partner is bigamous,thus null and void. The agency will rely on the the CENOMAR and will have to award all the benefits to the first wife,being the party rightfully entitled to it.



View user profile

kyna


Arresto Menor
atty,

how comes that man married twice?
was it not noticed by the 2nd wife earlier since it is both their requirement to have cenomar for the marriage license?

View user profile

attyLLL


moderator
kyna, the cenomar is only a recent development.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

kyna


Arresto Menor
atty,

when we got married we were not asked for a cenomar for our marriage license. i wonder why? they said cenomar is only for 30 above. for below 18 parents consent is required. and for me & my husband who are under 26, only appearance of both parents were required and or parents advise if parents are unable to come.

if cenomar is not a requirement for young who want to marry. therefore it is highly possible to have multiple marriage atty?



Last edited by kyna on Mon Jul 01, 2013 11:19 am; edited 1 time in total

View user profile

attyLLL


moderator
kyna, the cenomar is not really a requirement of law, but it was a good idea by nso to foil would be bigamists.

anyone marrying today who is below 18 will make the marriage void.

anyone insisting to committing bigamy will find a way to do it


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

sweetangel


Arresto Menor
Atty, I have a bf right now and we're planning to get married but He was married before and separated for more than 10 yrs now,they have 13 y/o son which is nasa poder ng bf ko. They got separated because my bf found out that she has another man, hindi pa sya buntis nun bago sila maghiwalay dun sa lalaki nya but now, they have already 2 kids. Now, our initial concern is about the annulment, because we want a legal separation first before our wedding para wala ng habol yung babae sa knya kung sakaling my mga maipundar man kmi. Pero alam po nmin na may karapatan parin sya sa bata kahit ni piso hindi sya ngbigay after thier separation. Atty. may malaking grounds po ba kayong nakikita para mapadali yung annulment? Actually, i saw thair last chat just recently after a long years na gusto ng madaliin nung babae yung annulment nila and she's willing to just sign any papers para mapadali. In your estimation atty, how long it would take? And if in case, hindi pala nakaregister sa NSO yung kasal nila, what are the legal action po na pwede naming gawin? Hindi pa po kasi namin nachecheck sa NSO at sa local registry because we're both working abroad. Pls help us atty. Thank you and Godbless. Smile

View user profile

gen_exite


Arresto Menor
Good Pm po! Paano po kung ung unang kasal ay peke ang edad lalabas din po ba sa cenomar un?

View user profile

gen_exite


Arresto Menor
fea_antonio wrote:My husband died from an accident on duty working in a ship overseas last March 12, 2013.  As a legal beneficiary, i did comply with the requirements by getting nso certificates such as marriage contract, birth certificate of my children and CEnomar and  found out that my late husband had been married to another woman last May 1989 while my marriage with my late husband was March 1995. I just wanted to know if i still have the right over the benefits of my late husband since the woman he was married to is also now married to a different man.  I really need you help and guidance on this.

Paano po kung peke ung edad nung namatay 17 ginawang 18 walang marriage lisence.

View user profile

marlo


Reclusion Perpetua

@gen_exite

marriage is void, need peition, and court to declare so.

malalaman mo sa cenomar , BC at MC from NSO

View user profile

concepab


Reclusion Perpetua
sweetangel wrote:Atty, I have a bf right now and we're planning to get married but He was married before and separated for more than 10 yrs now,they have 13 y/o son which is nasa poder ng bf ko. They got separated because my bf found out that she has another man, hindi pa sya buntis nun bago sila maghiwalay dun sa lalaki nya but now, they have already 2 kids. Now, our initial concern is about the annulment, because we want a legal separation first before our wedding para wala ng habol yung babae sa knya kung sakaling my mga maipundar man kmi. Pero alam po nmin na may karapatan parin sya sa bata kahit ni piso hindi sya ngbigay after thier separation. Atty. may malaking grounds po ba kayong nakikita para mapadali yung annulment? Actually, i saw thair last chat just recently after a long years na gusto ng madaliin nung babae yung annulment nila and she's willing to just sign any papers para mapadali. In your estimation atty, how long it would take? And if in case, hindi pala nakaregister sa NSO yung kasal nila, what are the legal action po na pwede naming gawin? Hindi pa po kasi namin nachecheck sa NSO at sa local registry because we're both working abroad. Pls help us atty. Thank you and Godbless. Smile

Unregistered marriage doesn't make the marriage void or voidable. Also Legal Separation does not gives your BF the rights to marry you. What you need is annulment. There are only few grounds for annulment, you can search forum what are those grounds. Some are using "Psychological incapacity" as a grounds to have their marriage declared void by the court... of course that is for the court to decide.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum