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Marriage under article 34 void?

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1 Marriage under article 34 void? on Tue Aug 31, 2010 3:36 pm

guardianforced


Arresto Menor
we are on both legal age when we got married secretly and we did it rushed, at nagpakasal kami sa cityhall which is under sa mga solemnizing officers lang kase akala namin ok lang po yun. at first nagtanong kami at sinabi namin na sa magkakasal na kailangan namin yung kasal namin ay may marriage license at they agreed, after that when we acquired for marriage contract copy sa NSO nakukha naman po kami, pero ang nasa record ay marriage under article 34 pla without knowing na ung article 34 ay may cohabitation period which actually we didnt cohabited that long or kinulang sa years of cohabitation. now I was denied with my petition for that ground(1. lack of marriage license and second cohabitation period)

questions:

- papano po kaya namin gagawan ng paraan ang mga documents namin?is it posible to get married nalang again so to cure the first marriage?
- if ever na possible po papano po yung record sa NSO na first marriage namin?
- Gusto sana namin makasal sa simbahan pero sabi registrar pag makitang record sa NSO na nagpakasal na ay although aalow nila pakasal sa simbahan pero nde rin nila iproprocess sa local civil registry yung kasal.
Thank you po

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2 Re: Marriage under article 34 void? on Tue Aug 31, 2010 8:27 pm

attyLLL


moderator
what petition was denied?

i did some research and the law does not directly provide any solution to your problem. a by the book solution would be to file a petition to annul the first wedding and then get wed again.

is there anyone who is not recognizing your marriage certificate? it carries a very strong legal presumption that you are validly wed unless the contrary is proved, and only the spouses can file a petition to annul it.


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3 Re: Marriage under article 34 void? on Tue Aug 31, 2010 11:13 pm

guardianforced


Arresto Menor
it is the canadian embassy decision and indicated on the appeals decidsion.atty. the woman na gusto kong pakasalan ay same woman din po. Atty. are we not be questioned by the court if we will file an annulment and later on we be get married again? and aside from annulment case as what ive heard takes years of waiting before court decision be made.do we have any other option to it without going into annulment? thanks po

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4 Re: Marriage under article 34 void? on Wed Sep 01, 2010 10:46 am

attyLLL


moderator
you admitted to the canadian embassy that you did not cohabitate for 5 years? well, there's no correcting that now, except for to annul the marriage then getting married again.

no one should question you because you are correcting a wrong. if your lawyer does it right, I don't think it should take as long as the usual annulment based on psycho incapacity.


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5 Local Civil Registry remarrying same party on Thu Sep 02, 2010 12:05 am

guardianforced


Arresto Menor
aside from the annulment sir, how bout remarrying again just like what kris and james did, do you think Local civil registry still question us even the same party din po yung papakasalan, just to have marriage license or malinis na marriage contract para magamit sa reaply for petition nalang. thanks po

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6 Re: Marriage under article 34 void? on Thu Sep 02, 2010 3:39 pm

attyLLL


moderator
i am not familiar what kris and james did. yes, you may be questioned because one of the requirements now is the Certificate of No Marriage and I believe you will have problems on this issue.


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7 Re: Marriage under article 34 void? on Wed Sep 08, 2010 1:06 am

guardianforced


Arresto Menor
Sir sa tingin nyo po ano pong grounds ang pinaka mainam na gamitin namin kung sakaling i file namin sa court and case namin?ano po ang possible outcome sa gusot na napasukan namin, and another thing, sa tingin nyo po ba matatagalan po ang process ng nullity ng papers namin since wla naman pong mag contest kase un din po ung babae ang aking pakakasalan ulit, gusto lang po namin macorrect ang lahat. thanks po

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8 Re: Marriage under article 34 void? on Wed Sep 08, 2010 8:06 pm

attyLLL


moderator
sent you a pm


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9 Re: Marriage under article 34 void? on Sat Oct 09, 2010 1:18 am

ulyfe_rejuso


Arresto Menor
you cannot just remarry without your first marriage being declared void or else the second marriage will also be void, what you should do is to file a declaration of nullity of marriage, wait for the finality of the judgment, have it registered at the civil registrar and its only then that you can remarry. your case is the same with dayot vs. dayot.

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10 Re: Marriage under article 34 void? on Fri Apr 08, 2011 6:58 am

hope_08


Arresto Menor
hello, im just new here. im currently dealing with the same problem like guardianforced has. i was also been denied by US embassy but in my case i failed to mention that we lived together for more than 5 yrs. the consul asked me if i know the Art. 34. and i answered ''NO'' so refused to give me a visa because according to him i signed the contract without knowing what is written in there.

honestly, i really have no idea about art. 34 but when i get to know about this we could say that we really comply with this because we had a 9yrs relationship before we got married. i usually stayed in their house and even we're in saudi arabia, we managed to see each other and sleep together every weekend. do you think this kind of situation is valid enough for us to get married under art. 34?

one more question, how could i get the contact information of guardianforced because i would also like to know what he/she is doing about this matter.

thanks.



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11 Re: Marriage under article 34 void? on Sat Apr 09, 2011 12:50 am

attyLLL


moderator
send guardian a PM.

the problem is that you had a fixer arrange your marriage, didn't you? that's five years of continuous living together as husband and wife, not sleepovers.

my adivce is still the same, have first marriage annulled then get married again.


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12 Re: Marriage under article 34 void? on Tue Jan 22, 2013 9:52 pm

essernns


Arresto Menor
Hi Atty, I'm new in this group . I am starting to prepare the documents to be submit in US Embassy. Is article 34 is a big problem on giving a visa? What proof Do I need to submit?
Thank you so much

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13 Re: Marriage under article 34 void? on Wed Jan 23, 2013 2:29 pm

essernns


Arresto Menor
Hi Atty with your permission, how can I keep in touch with hope_08 regarding this issue. Thanks

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14 Re: Marriage under article 34 void? on Wed Jan 23, 2013 6:02 pm

kazandra.katsuda


Arresto Menor
May tanong po sana aqu may friend aqu na ngcovert sa islam at kinasal sa isang muslim singaporean sa pilipinas at singapore..tpos po dhil po sa mgkaibng pani2wala at kultura clang kinalakihan di po ngwork yung marriage nila.so khit hiwalay na cla by words at mgkaiba na cla ng tinitirhan..ayaw prin siya i divorce ng aswa nya..at ngaun po na may bf na siya at gusto siya pkasalan..pede po ba siyang ikasal ulit sa pilipinas kasi di nmn nkaregister ung marriage nya sa nso..

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15 How To file Petition on Sun Jan 27, 2013 5:01 pm

metta_sutta


Arresto Menor
How can I obtain a declaration of absolute nullity of my marriage? Is it possible to file a petition in court without hiring a lawyer? I'm afraid I can't afford lawyer's fees Sad

FYI Grounds: Article 35 of Family Code item 3 no marriage license AND cohabitation less than 5 years

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