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Secret Marriage is valid?

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1 Secret Marriage is valid? on Sat Aug 21, 2010 8:51 pm

ahm


Arresto Menor
Good day! i know u can help me and give some advice reagarding my problem.
when i was 18 years old me and my xbf same my age got secret married without parents consent that was year of 2002 assurance na till he get back from states kami pa rin. after a month in same year he had an affair, the lady got pregnant so i set him free. no communication at all. then now 2010 that im ready to marry with my fiancee i got shock aftr i saw the cenomar result that our marriage was filed. i tried to find him then i just found out that he's now with other lady with 2 kids. i informed him the problem and he said year of 2008 he got cenomar but nothing was filed he is still single.the only chance for me is to get cenomar again which place he had taken his cenomar before. the thing is the place were i got my previous cenomar is the city were we had married before. if ever result will be positive again you think i can ask for null & void marriage? or if the marriage was filed in nso that mean 100% valid? its really hard for me coz after we broke all i know that im still single coz we believe that secret marreiage is just a contractual agreement. pls help.. God Bless..

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2 Re: Secret Marriage is valid? on Sun Aug 22, 2010 5:32 am

ahm


Arresto Menor
why no one is replying to me=( i need help!!! pls..

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3 Re: Secret Marriage is valid? on Sun Aug 22, 2010 2:28 pm

Endless


Arresto Menor
There is no such thing as "Secret Marriage" in the law, But, it is considered as a Civil Marriage.

Your Question was :

1. Is your marriage valid at that time? No, because there you and your xbf did not possess a marriage license in the first place and there was no consent given from your parents or guardian. therefore, your marriage with your xbf is void from the beginning (meaning parang wala lng)... that also means that your xbf have the capacity to contract marriage with another woman. the same goes to you.

2. If ever result will be positive again you think i can ask for null & void marriage? No, There is no reason for you to ask, because, as if there was no marriage (secret marriage ika mo) happened between you and your xbf. It is just like, your both doing it for a security (Kasal-kasalan...) but in the eyes of the law, it really never existed.

3. If the marriage was filed in nso that mean 100% valid? No, Only in the local civil registrar where you or your xbf resides. that is the procedure, and not elsewhere.

What is your xBF status now? is he married? theres a lot of men out there who wishes a woman that is sincere and honest to them. Smile

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4 thanks God & thanks to you atty. on Sun Aug 22, 2010 5:43 pm

ahm


Arresto Menor
thats why i cried a lot kase pinalaki ako ng magulang kong matino,im not a bad girl akala ko wala na akong chance=( salamat atty!

atty, magpapakasal po kase ako dito sa bahrain court at un phillipine embassy dito asking for cenomar isa po un sa requierements nila, ofcourse atty if theres a record that im married magiging problema ko un di po ba? clear single po sana ang result na gusto ko pano po ako makakakuha nun atty?? pls reply atty.. pls=) thans in advance. Smile

your question atty ano ang status ng xbf ko? single pa din xa hiwalay na nmn. God forgive him Surprised

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5 Re: Secret Marriage is valid? on Mon Aug 23, 2010 8:20 pm

attyLLL


moderator
endless, i have to disagree with you on this one.

when ahm says she engaged in a secret marriage and her CENOMAR result showed she is married, then on its face, she is considered married. Indeed, this is not conclusive but she cannot simply disregard the negative CENOMAR result.

The NSO is the repository of our civil records. A negative CENOMAR is prima facie evidence that there is a marriage contract recorded.

a marriage contracted in secret by 18 year olds is valid. indeed, the absence of parental consent is a flaw, but not a fatal one at that, and the time period to annul based on this ground has already expired.

ahm, you should request the nso for a copy of your marriage contract and CENOMAR and see what will come out.

if your marriage is recorded, then your remedy is to file a case for annulment or declaration of nullity. endless is correct in first looking whether you had a valid marriage license. if none, this is a valid ground for seeking a declaration of nullity. good luck.


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6 Re: Secret Marriage is valid? on Mon Aug 23, 2010 11:13 pm

Endless


Arresto Menor
I Stand corrected.

attyLLL wrote:endless, i have to disagree with you on this one.

The NSO is the repository of our civil records. A negative CENOMAR is prima facie evidence that there is a marriage contract recorded.

a marriage contracted in secret by 18 year olds is valid. indeed, the absence of parental consent is a flaw, but not a fatal one at that, and the time period to annul based on this ground has already expired.


I think the marriage contracted is voidable, because of absence of Parental Consent. Im wrong when I say it is void from the beginning...

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7 Re: Secret Marriage is valid? on Tue Aug 24, 2010 1:41 am

attyLLL


moderator
ahm, if you are not yet 26 years old and you did not live with him after reaching 21, you can still file a petition before you turn 26 to annul your marriage on the basis of lack of parental consent.

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;


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8 Re: Secret Marriage is valid? on Tue Aug 24, 2010 5:29 pm

ahm


Arresto Menor
thank you attyll & endless Sad

bakit ganun ni wala kami ni-process na kahit ano before and after the marriage.. like seminar counseling, pagpunta sa munisipyo para sa marriage lisense. as in "pirmahan" lang at walang advice na kailangan namin lakarin ung ganyan bagay.

possible po ba maging married uli ang result ng cenomar ko pagkumuha ako sa manila?

pwede kaya ipanull & void marriage nalang ung gantong case?

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9 Re: Secret Marriage is valid? on Wed Aug 25, 2010 12:00 am

attyLLL


moderator
fixers are able to get an authentic marriage license. but it is still valid.

there may still be other grounds to nullify the marriage. you will need to consult a lawyer to fully review your case.

just apply for the cenomar to see. also ask for your marriage contract to see if it is recorded. good luck.


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10 CENOMAR 2nd Result on Tue Aug 31, 2010 9:08 pm

ahm


Arresto Menor
i just got the 2nd result of my cenomar from manila unfortunately it was the same record "married"..nakakalungkot dahil lang sa isang araw na pirmahan na ndi nmn kami nagsama habang buhay ko na ata dadalin. my family trying to reach him in his fon but he was not answering, pano pag di xa nakicooperate pwede ba un parents ko nalang mag file or ako kahit nasa ibang bansa ako?? kakailanganin ko ba pirma ng x ko if ever? sa pag kakaalam ko pabalik na xa ng states next month may magagawa ba ako para ipahold ung flight nya feeling ko gusto nyang takasan ang problema..it doesnt matter to him dahil year of 2008 nakakuha xa ng cenomar na single xa( thats what he said) na diko lam kung pano nangyari un..please what i have to do?? pls reply..thanks in advance=(

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11 Re: Secret Marriage is valid? on Tue Aug 31, 2010 10:26 pm

attyLLL


moderator
you don't have to rely on him to annul your marriage. you can file your petition from where you are but you will have to appear to testify.

most importantly, you need a valid ground to annul your marriage. it's not a simple matter of filing a petition and it will be granted as a matter of course. note my post no. 7 above if you are not yet 26 years old. good luck.


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12 Re: Secret Marriage is valid? on Wed Sep 01, 2010 2:26 am

ahm


Arresto Menor
attyll, im turning 26 this month so before that day i have to file right? naguguluhan ako dont know where to start wala kase ako sa pinas im working here sa middle east i dont think papayagan ako ng boss ko for vacation coz im just new in this company. if i found my x pwede ba xa nalang magtestify instead of me or my parents?? kailangan ko po ba kumuha ng lawyer for this? whats the 1st step that i have to do. sorry if im askin so many question coz honestly i dont know where to get money para sa consultation at sa problemang to, i know it will cost too much kaya sana di kau magsawang mag advice sakin parang tulong nalang po.salamat attyll. may God bless us!

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13 Re: Secret Marriage is valid? on Wed Sep 01, 2010 10:39 am

attyLLL


moderator
ahm, your first move is to retain a lawyer who can act on this quickly. He will have to prepare your petition, and you will have to print it out there, sign and have it notarized before the Philippine consulate or embassy. Then you will have the petition couriered to the Philippines for filing at the court where your reside.

I do not recommend relying on your husband because he appears to be disinterested and unreliable. you will not be immediately required to appear in the proceedings, but it is best if you do at some point.

yes, it is costly. to give you an idea, i have handled annulments with grounds which are not based on psycho incapacity for P50k, but I'm sure you can find a lawyer within your budget. good luck.


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14 Re: Secret Marriage is valid? on Sat Oct 09, 2010 10:36 pm

ahm


Arresto Menor
hi! im back=) attyll, update ko lang po.. nakapaghire na kami ng atty they tried to get marriage contract from census nakaindicate daw po sa contract na sa paranaque kami pinaregistered (but actually sa province po kami nagpasecret marriage) then after we got the result from paranaque cityhall wala daw po sila record ng marriage namin. 100% fake daw po ito sabi ng atty na kausap namin. attyll ano po ba next step na pede namin gawin kailangan ko pa po ba ng atty for this ngaun alam ko na fake na kasal namin or baka pede dumiretso na kami sa NSO all i want is to change my status as single kapag kumuha ako ng cenomar. what should i have to do? sabi po kase ng atty nakausap ng parents ko kapag fake un marriage di ko na kailangan umuwi sa pilipinas kahit parents ko mag asikaso ok na at ndi na tatagal ang processing and it will cost only 40k but after they got the result na it was fake naiba na ang statement ni atty na kailangan ko daw po umuwi ng pinas at natatakot ako na baka un 40k na sinabi nya magagastos pag fake e tumaas na din.. sorry i know masama magjudge pero i just dont want to be cheated lalo na sa pera dahil isasanla ko property nmin just for this. pls i need help!

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15 Re: Secret Marriage is valid? on Sun Oct 10, 2010 1:04 pm

attyLLL


moderator
ahm, now that you have a lawyer, it is really better to direct your questions to him because he has better understanding of your situation.

for me, 40k is not unreasonable if it is for all costs including filing fees and publication, and the lawyer is competent. ask him for a breakdown. i practice complete transparency with my clients when it comes to costs, but it is not the same with all lawyers.

since there is a record in NSO, then you will still need a judicial declaration that it be declared void. you will need to appear in court. i would never have concurred that there are situations that you do not have to. good luck.


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16 Re: Secret Marriage is valid? on Thu Mar 31, 2011 4:59 am

ahm


Arresto Menor
Atty, hows things with you?? i hope evrything is fine.
last hiring na ng May 6, yung annulment case ko.
*do you have nay idea how long it will takes after that hiring to get the Cenomar certificate?
*after annulment may waiting period pa ba to remarry? dahil sa pangyayari na to ayoko nalang magpakasal sa pinas were planning to get marry in Egypt nag inquire na ako sa Phil embassy sa
Egypt still waiting for the response.

*Atty. pag nakuha ko na ba yung Cenomar nakaindicate dun yung previous marriage ko??
i hope nothing at all.. kakahiya sa mga inlaws ko.
Looking forward to hear from you soon.
God Bless many thanks Very Happy

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17 Re: Secret Marriage is valid? on Thu Mar 31, 2011 6:13 pm

attyLLL


moderator
ahm, i'm sorry. unless you tell me that your lawyer is negligent, you really should direct your questions to him.


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18 Re: Secret Marriage is valid? on Fri Apr 01, 2011 1:49 am

ahm


Arresto Menor
thanks Smile
thats fine..

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19 Re: Secret Marriage is valid? Today at 10:25 pm

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