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Separation Agreement

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1 Separation Agreement on Fri Aug 27, 2010 12:24 pm

maddux


Arresto Menor
Can a husband and wife who documented an agreement of separation signed by husband, wife and the barangay officials and that this document was notarized declare that they are free to love other persons and would absolutely have nothing to do with each others life and decisions.

Is this ok?

What if the husband get relationship to other girl and this girl get pregnant..

Is this ok?

Is the notarized document above can be used as evidence as grounds for declaring a marriage null and void (since the husband and wife are separated for 3 years and counting, and did not perform their marital obligation)?


Thanks,
Maddux

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2 Re: Separation Agreement on Fri Aug 27, 2010 10:15 pm

attyLLL


moderator
the agreement has no legal effect. in fact the notary can be made administratively liable for notarizing such a document.

the man can be made liable for concubinage but only the wife can file the case. the man can try to allege the agreement to show that she consented.

the letter has no probative value as evidence for annulment, but it can be used as evidence in legal separation which does not dissolve the marital bond.


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3 Re: Separation Agreement on Sat Oct 02, 2010 3:40 am

mahalkita


Arresto Menor
Hi.Good day,may asawa po ako sa Pinas at ako po ay nagtatrabaho abroad,ang ginamit ko pong apelyido ay ang apelyido ko ng pagkadalaga dahil wala po akong mga dokumento na gamit ko ang apelyido ng asawa ko,ngayon po ay hiwalay na kami at ako po ay balak magpakasal sa boyfriend kong foreigner kaya lang po hindi ko alam kung pano ko sisimulan ang proseso ng hiwalayan,single po ako sa lahat ng documents ko ang problema ko lang ay ang marriage certificate sa NSO,ngayon hindi ko alam ang gagawin ko,tulungan nyo ako,ayoko naman pong madeport,tanong ko lang pano ko sisimulan ang divorce o annullment kung ang lahat ng dokumento ko ay single?magtatanong ang immigration kung ganun,at baka madeport pako kasi misrepresentation ang magiging kaso ko.salamat at inaasahan ko ang inyong sagot sa aking katanungan.

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4 Re: Separation Agreement on Sat Oct 02, 2010 4:38 pm

attyLLL


moderator
i cannot advise you on immigration matters under foreign law.

it is best if you consult with a lawyer to thoroughly review your marriage to see if there is a ground to have it annulled. if a valid ground exists, then your remedy is to file a petition in court.

do not initiate a divorce under foreign law if you are still a filipino citizen, it will not be recognized here.


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5 Re: Separation Agreement Today at 9:06 am

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