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annulment case

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1 annulment case on Thu Nov 14, 2013 12:02 pm

Miaka_


Arresto Menor
Good day atty. I need some legal advice, My boyfriend was married couple of months before he turned 18years old and without his parents consent. They lived for almost 1year and had a baby. Since the parents of his wife dislikes him,they made them seperated. Since that day until present theyd lost their contacts, never seen each other again. Now weve found out tru facebook that the girl was happy with other man.. Now my concern is about their annulment, gusto na namin magpakasal ng bf ko but we cant, ngpunta kami NSO and we fount out na nakaregister ung civil marriage nila,, what should we do? according sa mga infos na nabasa namin null and void since below 18 sya nung mangyari ung marriage wala pa parent consent.. matagal na process po ba ang ganito? never narin naman nya nakausap ung gurl.. please help. thanks

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2 Re: annulment case on Thu Nov 14, 2013 12:14 pm

Miaka_


Arresto Menor
additional info 14years po sila wala communication ng ex wife nya..

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3 Re: annulment case on Thu Nov 14, 2013 1:12 pm

attyLLL


moderator
if he was married after 03 august 1988, then the marriage is void. the legal remedy will be to file a petition in court. the process is about 1 year



Last edited by attyLLL on Thu Nov 14, 2013 1:50 pm; edited 1 time in total


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4 Re: annulment case on Thu Nov 14, 2013 1:23 pm

Miaka_


Arresto Menor
but they got married june 1995. is that mean its valid?

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5 Re: annulment case on Thu Nov 14, 2013 1:51 pm

attyLLL


moderator
sorry, my mistake. i meant 'after'.

their marriage is void but he has to hire a lawyer to file a petition in court to have it declared void.


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6 Re: annulment case on Thu Nov 14, 2013 1:57 pm

Miaka_


Arresto Menor
thanks Atty, that was a relief. but the petioner is outside the country, pano po kaya mapapdali ung ganun? does it need his appearance or pede po bang ung lawyer nalang mg asikaso? i assume na mas madali ung case namin since void in the first place,, what do we need in his ex wife side? do we need to talk to her?

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7 annulment on Sat Nov 16, 2013 1:56 pm

ecrijalef


Arresto Menor
hi atty,

my boyfriend was annulled 2 years ago, we were given the copy of courts decision, finality, petition and annonated nso copy by our atty. however, we're not sure kung legal ba lahat or authentic? how can we check in nso? can we show all our documents sa nso? please we really need help. yung atty na nag annul seems like not willing to cooperate anymore... thank you in advance.

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8 Re: annulment case on Sat Nov 16, 2013 4:47 pm

supersarahv


Arresto Menor
Hello po! I just wanna ask if it is possible na maireklamo yung parents nung bata na hindi po sya pinapaaral despite na capable po yung income ng parents nya na makapag-aral sya? her parents are both in ireland and USA, tapos yung anak po nila is nandito sa pilipinas pina-aral lang po ng 1 sem sa college tapos pinahinto

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9 Re: annulment case on Tue Nov 19, 2013 11:16 am

attyLLL


moderator
miaka, it's a full blown case, and it will depend on the evidence whether it will prosper. hopefully his birth certificate will support his claim. email me if you nee more info.

ecri, if it was annotated by the nso, it means they verified with the court, and it is presumed to be valid. however, by your suspicions, i get the idea that someone took shortcuts.

super, it is possible, but the problem will be how to bring the case to affect them.


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10 Re: annulment case on Wed Nov 20, 2013 8:55 am

adelle_19


Arresto Menor
if i choose not to answer the summon and not to attend the annulment case hearing will my marriage be annuled faster?fyi i am the respondent.thank you.

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11 Re: annulment case on Tue Nov 26, 2013 10:05 am

attyLLL


moderator
not necessarily


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12 Re: annulment case on Wed Nov 27, 2013 1:29 am

adelle_19


Arresto Menor
my estranged husband filed for it and admitted on his statement that he is psychologically incapacitated.would that be enough to have the marriage annuled???thank you

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13 Re: annulment case on Wed Nov 27, 2013 4:50 pm

attyLLL


moderator
no, they have to still prove it that he is. but that is a good tactic if you are not participating.


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14 Re: annulment case on Thu Nov 28, 2013 12:01 am

adelle_19


Arresto Menor
meaning if i will not show up during the proceeding there is a big chance that the marriage will be annuled?

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15 Re: annulment case on Thu Nov 28, 2013 10:12 am

Miaka_


Arresto Menor
Good day Atty, were pretty sure about our case, my boyfriend havent turned 18 yet during the marriage, its written in cenomar and its matching with the birth certificate...
i dont know where could i email you to get more infos coz here comes another concern, weve talk to his former wife that were about to file a petition for the declaration of absolute nulity of marriage, which is way different from annulment? is that right? then sabi nung gurl, shes not going to received nor sign it... she said unahin muna ang bank account para sa bata before she sign the summons... so if mg petition kami, mgwork po kaya un? since she stated that she wont cooperate with us? and will refuse to sign? how can we make her sign? it her authorization necessary? do we need to meet each other in the court or wat? i dont really have any idea... please help.thanks.

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16 Re: annulment case on Sun Dec 01, 2013 10:03 am

attyLLL


moderator
adelle, as i said, it won't necessarily affect the case, but if your husband fails to prove a ground for annulment, it will still be denied whether you participated.

miaka, answered your other post. my email address is attylllaw @ gmail . com


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17 Re: annulment case on Wed Feb 12, 2014 12:50 pm

koolz


Arresto Menor
adelle, as i said, it won't necessarily affect the case, but if your husband fails to prove a ground for annulment, it will still be denied whether you participated.

If the court ruled out in favor of Adelle's husband, and later on Adelle noticed the evidences and proofs used are all fabricated and lies, can Adelle appeal for the decision to be reversed if she wants to? and where should the appeal be filed?

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18 Re: annulment case on Wed Oct 08, 2014 5:26 pm

andrea123


Arresto Menor
Hello All,

I would like to get your advise on my situation. I received my Certificate of Finality last September 2014. I am getting married on Dec 2014 but will not be needing the CENOMAR as we are going to be wed in the Carribean in which they only require - birth certificate, passport and for me the certificate of finality.
My concerns are :
1. Would my second marriage be valid should I proceed to get married without completing first the registration? (the registration is on process now)
2. I am confused of what "Decree of Annulment" is... is this different from the "Entry of Judgment (Certificate of Finality) I received from the court?
As they said that after registering the finality to the Local registry and NSO - the court will issue the "Decree of Annulment"....

Please help.. Appreciate all your response on this matter!

God bless.

Andrea

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19 Re: annulment case on Thu Oct 09, 2014 4:13 am

AWV


Reclusion Perpetua
It doesn't matter! you are getting married outside Philippines jurisdiction so no need to wait for finality.

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20 Re: annulment case on Thu Oct 09, 2014 1:02 pm

andrea123


Arresto Menor
AWV wrote:It doesn't matter! you are getting married outside Philippines jurisdiction so no need to wait for finality.

What do you mean- don't wait for the finality = did you mean to say don't wait for the completion of registration? Thanks!

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21 Re: annulment case on Thu Oct 09, 2014 2:51 pm

AWV


Reclusion Perpetua
Your new marriage certificate will take time to get forwarded to the Philippines so by that time your finalisation will be done. Unless they require cenomar to the country where you are getting married from. Some countries they only care to verify the singleness of their own people they don't care about the Philippines documents as its not that important to them.

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22 Re: annulment case on Thu Oct 09, 2014 2:56 pm

andrea123


Arresto Menor
yes.. they only required birth cert, passport and cert of finality. they also checked it - and confirmed the cert of finality is ok.... My concern was that it might take long of annotating as annulled in the marriage contract. and my wedding would be held soon. I was just concern on the statement I saw that " 2nd marriage will be void if marriage contract not annotated" .....

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23 Re: annulment case on Thu Oct 09, 2014 3:13 pm

AWV


Reclusion Perpetua
Technically annotation is just another stamp that the government invented! With or without this, the finality should be enough! annotation will only be required later on upon petitioning the spouse outside the Philippines. So you can go ahead and have it done later on! Congrats!

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24 Re: annulment case on Thu Oct 09, 2014 3:16 pm

andrea123


Arresto Menor
AWV wrote:Technically annotation is just another stamp that the government invented! With or without this, the finality should be enough! annotation will only be required later on upon petitioning the spouse outside the Philippines. So you can go ahead and have it done later on! Congrats!

Wow.. thanks AWV for the info! greatly appreciate it! I am not going somewhere.. ;-) I am just marrying outside the Philippines as it's too much hassle (requirements per se).... God bless... Smile

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25 Re: annulment case on Thu Oct 09, 2014 7:13 pm

andrea123


Arresto Menor
AWV wrote:Technically annotation is just another stamp that the government invented! With or without this, the finality should be enough! annotation will only be required later on upon petitioning the spouse outside the Philippines. So you can go ahead and have it done later on! Congrats!

Hi, Moreover - where do we send the papers after Local Civil Registry - is it NSO Manila or Local NSO?

Thank you so much!

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26 Re: annulment case Today at 7:58 pm

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