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

Can first marriage be still valid even though spouse contracted 2nd one abroad

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

shanandsteph2013


Arresto Menor
My husband and I separated when my child was barely a year old. He stopped all financial support upon joining the UN flag as an employee. For 10 years we went our separate lives. I worked to support our child while he goes about on his own. During these years I constantly requested him via email to finally put a closure on the marriage so we can both start anew. No response where ever made.

Until he came home 2 years ago and requested to give our marriage a second chance. We agreed to work on it for the sake of our daughter who barely knows him.

Recently I gave birth to our 2nd child. Coinciding with this is the heart breaking knowledge knowledge that he contracted a second marriage. From what I gather he goes home to this woman and to us whenever he is in the Philippines.

Given this scenario, please shed some light on these questions that have been bothering me for a very long time.

1. Is my marriage still valid inspite of the annullent that he had filed?
2. What happens to our 2nd child since he came after he annulled our marriage?
3. Can a case be filed against him for this act?

I am really at lost right now and I need assistance so I would know how I can face this issue.

Thank you.

View user profile

AWV


Reclusion Perpetua
1. Is the annulment granted?
2. if the annulment is granted your second child is illegitimate but if he acknowledge it, it should be fine.
3. RA9262

View user profile

shanandsteph2013


Arresto Menor
Atty, thank you so much for responding to my queries.

I just need to know how could one know if the marriage had been granted annulment? What steps should I take to verify if our marriage was indeed granted annulment.

As for our child, I signed his birth certificate just like our first child because he was working abroad when I gave birth. Would that have any effect at all?

What possible punishment/sanction can be given to a man who annuled his marriage to his first wife without the latter's knowledge and sire a child with her again on the context that first wife thought she is still legally married to her husband.

View user profile

AWV


Reclusion Perpetua
Usually, most foreign embassies would require what is known as a Certiifcate of No Marriage (CENOMAR) from the National Statistics Office. After a decision is reached in an annulment case, copies are sent to the Office of the Solicitor General, the local civil registrars of the place where the court is sitting and where the marriage contract was registered, and of course to the parties themselves. After the lapse of 15 days the decision becomes final and a Certificate of Finality is issued by the court which rendered the decision. This certificate is annotated on the back portion of the marriage contract on file with the local civil registrar where it was originally recorded and finally endorsed to the NSO which then issues the CENOMAR.

As for signing the child's BC if he has given you a permission or an authorisation it should be fine, but if he didn't you just wish that he won't remember not signing it and if the signature is just like his, you might not say anything as its falsification of public documents which has statue of limitation to 10 years.

If he managed to annul the marriage without your knowledge that is also falsification of public documents! It's a bit complicated, if he managed to annul the marriage and sire a child with you, the child will be iilegitimate and your affair is out of marriage which is adultery/concubinage.

Punishment if found guilty? 7 years imprisonment or more!

View user profile

attyLLL


moderator
to check if there was an annulment, request NSO for a copy of you marriage contract. if one was granted, then it should be annotated.


_________________
[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

shanandsteph2013


Arresto Menor
Upon your advise I checked our marriage contract and even requested a copy of a CENOMAR, to my relied our marriage is still valid.
Thank you so much for the guidance you have graciously provided.

My next question would be... will there be any legal case if your spouse purchase properties but made sure that in all the deed of sales or even receipts the other spouse's name (wife) is stated although in reality its the other spouse (man)who footed the bill being the sole earner of the family.

View user profile

attyLLL


moderator
you'd have to file a case to prove that their marriage was void and that the money actually came from him


_________________
[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

zyra m. plata


Arresto Mayor
May I clarify... The 2nd wedding was contracted abroad isn't it? Has it been considered in this scenario?

View user profile

tiffanygail


Arresto Menor
kasal po kami, pero di na po kami mgkasama sa isang bahay,pero di po kami ngfile ng kht anung annulment, in good terms naman po kami pra sa anak namin.may gf na pong iba ang asawa ko at pupunta po sya ng australia para dun po sila mgpakasal. Pwede po ba yun? valid din po ba ang kasal nila kht kasal pa sya sa akin

View user profile

AWV


Reclusion Perpetua
Lalabas syang bigamist kung Pilipina rin ang pakakasalan nya sa Australia dahil kailangan i submit ang MC nila sa Philippine Embassy at ma record sa NSO yan at bago magpakasal ang 2 Pilipino abroad hinahanapan ng CENOMAR kaya imposible ring makapag pakasal sila. Pero kung Australian ang mapapangasawa nya, wala syang record ng MC sa Australia but if the Australian requires CENOMAR then ha cannot get married there.†
tiffanygail wrote:kasal po kami, pero di na po kami mgkasama sa isang bahay,pero di po kami ngfile ng kht anung annulment, in good terms naman po kami pra sa anak namin.may gf na pong iba ang asawa ko at pupunta po sya ng australia para dun po sila mgpakasal. Pwede po ba yun? valid din po ba ang kasal nila kht kasal pa sya sa akin

View user profile

zyra m. plata


Arresto Mayor
Thanks for that very clear answer Smile

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