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Is this advice from an attorney legal and true???

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Arresto Menor
## I worte this letter: ##

I want to marry my current girlfriend as she is pregnant. Now, would that be okay? I know I'll be commiting crime and all that but SURELY, it wont be a problem with my current wife, as regardless what I do, my wife doesnt care about it anymore as per say, there's a documented and notarized agreement by both parties and bgy officials that they are free to love other persons and would absolutely have nothing to do with each others life and decisions. is this ok? Since annulment is sooo expensive, It will still take time to gather the greens and then after filing the annulment I will still have the second marriage be VALID correct?

### and here's the attorney's reply ##

all marriages entered into by the parties are presumed to be valid. They are deemed valid until annulled. It is only when somebody attacks the validity or if the parties themselves start to question the validity of the marriage that the same may be declared as void or annulled by the court. Even if the law says that the second marriage is bigamous, and is penalized under the revised penal code, with penalty of imprisonment of more than six years, if the first or original wife does not file a case against you, the said bigamous marriage shall continue to be presumed valid until annulled properly in court. with more reason if the first marriage shall be formally be declared null and void by the court, that the validity of the second marriage shall be maintained until properly annulled .


any attorney out-here would second this advise??

Thanks a LOT!


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I have good reasons to believe that you already have engaged the services of an Attorney. I suggest, you talk to him about your misgivings and allow him to explain to you in more details his position. If you are still unsatisfied and still doubts his competence, you are free to terminate his services and hire a new lawyer.

Asking opinions from different lawyers might only result in you getting more confused than when you started. Invariably, lawyers differ in how they approach a legal issue. Legal Ethics proscribes a lawyer from giving a legal advice to one who has already hired a lawyer.

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Arresto Menor
no.. sorry i didnt hire a lawyer... its just like another forum like this... im sorry.. but can you answer just this... in your opinion.. please..

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)?

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maddux, the attorney is correct in stating that all marriages are presumed valid until the contrary is proven. and it is also correct that only the wife can file a petition to annul the second marriage.

what i may add is that if you contract a second marriage, anyone can file a criminal charge of bigamy against you. if your girl friend knows you were previously married she will be guilty of marriage in spite of legal impediment.

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The said document, notwitshtanding notarization, is void for being contrary to morals and public policy. It is not for the parties to agree that their marriage is void, you need a court declaration for this. If anything, the said written agreement could be used as a defense (i.e. of condonation) by one party on his/her extra-marital affairs (e.g. Adultery or Concubinage).

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Arresto Menor
Sir maddux, tagabarangay po ako totoo po na minsan may mga kaso kami rito na iginagawa namin ng kasunduan ng pansamantalang maghiwalay hangat nasa kainitan ang kanilang mga pagaaway,pero sir ipinaliliwanag rin namin sa kanila lalo na sila ay kasal na ang kasunduang ito ay hidi nila maaaring gamitin ito sa korte laban sa bawat isa,ang kasunduang ito ay ginagamit lng para maiwasan ang magiging resulta nag kanilang pagaaway. Kung ang isang partido ay patuloy pa sa kanyang mga maling gawain bilang asawa ang lahat ng karapatan ay nasa kanyang asawa para makapasampa ng reklamo at bahala na ang korte para magdesisyon. sana po makatulong rin ito sa inyo.

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