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validity of marriage

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1 validity of marriage on Sat Jun 07, 2014 8:30 pm

abegael


Arresto Menor
Hi,

My partner and his ex-wife was married in the Philippines. The ex-wife has long been in the States, filed for a divorce and it was already granted. I am now in Singapore and planning to migrate to Canada with my partner. We are thinking of getting married here before we apply for migration. Will the marriage be valid here, in Canada, and in the Philippines even if they are still legally married in the Philippines? Thanks in advance for the response....

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2 Re: validity of marriage on Sun Jun 08, 2014 2:18 am

AWV


Reclusion Perpetua
abegael wrote:Hi,

My partner and his ex-wife was married in the Philippines. The ex-wife has long been in the States, filed for a divorce and it was already granted. I am now in Singapore and planning to migrate to Canada with my partner. We are thinking of getting married here before we apply for migration. Will the marriage be valid here, in Canada, and in the Philippines even if they are still legally married in the Philippines? Thanks in advance for the response....

If he is still Filipino citizen, then he is still married under Philippines jurisdiction unless his ex-wife forwarded the divorced paper in the Philippines and petition for recognition and been approved then he is free to marry you! Otherwise he will commit bigamy. Before marrying you the embassy requires a CENOMAR which he won't be able to prove he is single if his ex-wife's divorce was not forwarded for petition and process properly. Mad

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3 Re: validity of marriage on Sat Jun 14, 2014 11:51 pm

Cristina1563


Arresto Menor
hi, i really need to know if my marriage is valid, i was married in a catholic church, in march 1980, i was 16 and he was 17, with parental consent under the old family code, is this marriage
valid ? if not, how can i ave it declared null and void?

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4 validity of marriage on Sun Jun 15, 2014 1:37 pm

zelle


Arresto Menor
hi i just want to ask if my marriage is still valid,, i was married in a civil,,year 2007 without parent consent,,but still we are in the right age,only my friends was there,,,i thought it was a secret marriage,,,it is possible that it has an expiration? after the marriage me and my partners go in separate country and we dnt have a communication until now..and i want to make it void..is there any way to solve my problem? thanks for the quick response...

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5 Re: validity of marriage on Sun Jun 15, 2014 6:07 pm

AWV


Reclusion Perpetua
Read through here...
https://googledrive.com/host/0B974furNxV78QnJlMnNlZFE3V1E/Family%20Code/FC%20Title%20I%20marriage.htm#top

Also check with NSO if there's any records, then it's valid. Wants annulment? Need grounds, then file for an annulment or null and void!

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6 Re: validity of marriage on Mon Jun 16, 2014 11:53 am

isellnuts


Arresto Menor
Cristina1563 wrote:hi, i really need to know if my marriage is valid, i was married in a catholic church, in march 1980, i was 16 and he was 17, with parental consent under the old family code, is this marriage
valid ? if not, how can i ave it declared null and void?


Family Law: What are Void Marriages in the Philippines?

A void marriage is one which is NOT valid from its inception. A marriage that is void ab initio is considered as having never to have taken place and cannot be the source of rights (Niñal vs. Bayadog [2000]). The following marriages are void from the beginning:

1. Those contracted by any party below 18 years of age EVEN  with the consent of parents or guardians;

2. Those solemnized by any person NOT legally authorized to perform marriages UNLESS such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

3. Those solemnized WITHOUT a license, EXCEPT those of exceptional character;

4. Those bigamous or polygamous marriages, NOT allowed under special laws such as the Muslim Code or NOT contracted by a person whose spouse has been absent for 4 consecutive years, said person having a well-founded belief that the absent spouse was already dead and the latter is declared presumptively dead in a summary proceeding

5. Those contracted through mistake of one contracting party as to the identity of the other;

6. Those subsequent marriages that are void under Article 53 of the Family Code of the Philippines when either of the former spouses marries again WITHOUT complying with the requirement of Article 52, supra, requiring the judgment of annulment or judgment of absolute nullity of the marriage, the partition and distribution of the properties of the spouses, and the delivery of the children’s presumptive legitimes be recorded in the appropriate civil registry and registries of property;

7. Those contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage EVEN IF such incapacity becomes manifest only after its solemnization;

8. Those between ascendants and descendants of any degree;

9. Those between brothers and sisters, whether of the full or half blood;

10. Those between collateral blood relatives, whether legitimate or illegitimate, up to the 4th civil degree;

11. Those between step-parents and step-children;

12. Those between parents-in-law and children-in-law;

13. Those between the adopting parent and the adopted child;

14. Those between the surviving spouse of the adopting parent and the adopted child;

15. Those between the surviving spouse of the adopted child and the adopter;

16. Those between an adopted child and a legitimate child of the adopter;

17. Those between adopted children of the same adopter; and

18. Those between parties where one, with the intention to marry the other, killed the other person’s spouse or his or her own spouse (Articles 35, 36, 37, and 38, Family Code of the Philippines)

You can get a copy of CENOMAR or marriage license at the NSO to satisfy your quesstion.

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7 Re: validity of marriage on Mon Jun 30, 2014 5:32 pm

Halem


Arresto Menor
Good Day!

I have a partner was US citizen and currently living in States, he is also dual citizen (American and Filipino) His previous relationship he petitioned his ex-wife and got married in states year 2004 and got married here in Philippines year 2006 but the divorced happened last 2010, wala na po silang communication. We become BF and GF started last year, I am now pregnant and we are now planning to get married here in Philippines.

1. Valid pa po ba ung previous marriage nila dito sa Pilipinas?
2. Pwede pa bo ba maghabol ung ex-wife nya sa kanya kasi kasal
sila dito sa Pilipinas?
3. Pwede ko po ba ipangalan ung name ng bata sa kanya or dalin ang
surname nya?
4. Ano po dapat gawin para pwede na kaming ikasal dito sa Pilipinas?

Maraming salamat po!

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8 Re: validity of marriage Today at 3:58 pm

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