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questions on marriage legalities

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1 questions on marriage legalities on Mon Oct 11, 2010 3:54 pm

librasinglemom


Arresto Menor
I had a friend whose been single parent (lets name her S1) for quite some time she is not married to her previous beau. His present partner (S2)is very honest that he was married once to other girl but when he (S2) works abroad the girl commit adultery and lives with the other guy. {FYI. S2 and the girl have a child who is 8yrs old now, but the kid is with the girl). S2 and the previous girl are not communicating right now. Now my question are:

1. how can my friend S1 marry his present partner now knowing that they are not really annulled?
2. what can they do to make it legal that the S2 and the previous girl is really separated

by the way, the previous girl admit to him S2 that the information she put in their marriage contract before such as her name and birthday are not her real data.

3. can this be a basis of null and void marriage since the info in marriage cert is not the real info??

thanks for the reply again

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2 questions on m on Mon Oct 11, 2010 7:06 pm

dongding


Arresto Menor
hi, i'm a newbie here. i hope you can help me..
i'm a single parent with 2 kids to my husband/live-in partner. my problem is when i gave birth to my first child in order to save our employment & away from chismis we both agreed to let my child use my surname & at the same time do not declare the father's name.(we also did not fill-up the back of the birth certificate which later then we realize that what we did is wrong & unfair to our child. by the way, i'm still single because i preferred to because he's married to his 1st wife though i'm also married to him. please help me. thank you.

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3 Re: questions on marriage legalities on Mon Oct 11, 2010 10:46 pm

attyLLL


moderator
you contracted a marriage with a previously married man? meaning your marriage is recorded in the NSO? if so, that is considered bigamy.

does this mean you declared yourself to be single in your child's birth certificate?

regardless, your partner can issue an affidavit of acknowledgment and an authority to use surname of father. you can inquire at the civil registrar where your child was registered regarding forms.


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4 Re: questions on marriage legalities on Tue Oct 12, 2010 10:33 am

librasinglemom


Arresto Menor
I had a friend whose been single parent (lets name her S1) for quite some time she is not married to her previous beau. His present partner (S2)is very honest that he was married once to other girl but when he (S2) works abroad the girl commit adultery and lives with the other guy. {FYI. S2 and the girl have a child who is 8yrs old now, but the kid is with the girl). S2 and the previous girl are not communicating right now. Now my question are:

1. how can my friend S1 marry his present partner now knowing that they are not really annulled?
2. what can they do to make it legal that the S2 and the previous girl is really separated

by the way, the previous girl admit to him S2 that the information she put in their marriage contract before such as her name and birthday are not her real data.

3. can this be a basis of null and void marriage since the info in marriage cert is not the real info??

thanks for the reply again

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5 Re: questions on marriage legalities on Wed Oct 13, 2010 12:46 am

attyLLL


moderator
1) if there is good ground for s2 to believe that his wife is already dead for 4 years, then he can her declared presumptively dead and he can marry. or have the marriage annulled if there is a valid ground.

2) even if s2's wife's name is not real, s2 will still appear to be married in the nso records. again, the remedy is to file for annulment if a ground exists.

by itself, the fake name and age is not a ground.


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6 Re: questions on marriage legalities on Wed Oct 13, 2010 10:37 am

librasinglemom


Arresto Menor
thanks for the info... i will let her know...

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7 questions on marriage legalities on Fri Oct 22, 2010 1:17 pm

dongding


Arresto Menor
Thanks for the reply. He's already separated to his wife & she has a family of her own.

Yes, i declared myself as "single" in the birth certificate.And am still single as of today, will there will be a problem? Esp. if ever i applied a job abroad?

How much will it cost me to apply/process the necessary (affidavit of acknowledgment and an authority to use surname of father) for my child's birth certificate? And how long will it take to process? my child will be finishing her primary education. Also, we have a 2nd child and he is using his father's surname (he signed the acknowledgment at the back) but i still declare myself as single.

Again thank you so much!

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8 Re: questions on marriage legalities on Fri Oct 22, 2010 6:16 pm

attyLLL


moderator
dongding, sorry, misread your first post. you are single and you should not declare otherwise.

what you should do is to inquire at the local civil registrar where the first child was registered and inquire what are their forms and processes regarding this. in my experience different places have variations in the procedure. some accept the birth certificate being signed belatedly by the father while others require a separate acknowledgment affidavit and authority to use surname of the father.


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9 Re: questions on marriage legalities on Mon Oct 25, 2010 4:24 pm

cross


Arresto Menor
Hello Atty. I have a question which I think is closely related to the previous ones above. I got married in a county in the States with my husband who is a permanent resident there. I got back here in the Philippines to study. My marriage is not registered here in the Philippines nor did he have it registered in any embassy or consul there. The only institutions which have copies of my marriage certificate is the school I am now enrolled in and the previous school which I graduated in. We're now broken up and he is planning to get a divorce in the States. Now I want to have my last name changed back to my maiden name. I can get a certificate of no marriage from the NSO since my marriage is not registered. That's what I would present to the school and affidavit of single status and get the marriage certificate I presented. Would all of these measures be valid or am I committing fraud? Please help me. Thanks.

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10 Need legal advice to null a marriage on Sun Nov 07, 2010 2:21 am

keepingsniper


Arresto Menor
Dear Attorney,
I need to void a fixed marriage that was only done so I can get a US citizenship. I was 22/23yrs old when my parents arranged a fixed marriage with an old man who was 52 that time as I remembered. This happened 7 yrs ago and I did not get the citizenship as I decided not to follow what my parents want me to. Instead I worked abroad and spent my time outside Philippines and never thought that the fixed marriage was actually legalized.
Now that I want to marry my longtime boyfriend, I went to NSO to get the certificate of singleness and I couldn't get as they were saying that I am already married. I don't know how would I search for that old man as I have no clue where he is now.
Please I need to know what should I do and the process of doing this plus the cost that involves the procedure.

Thank you so much & I am looking forward to hearing back from you.

Regards.

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11 Re: questions on marriage legalities on Mon Nov 08, 2010 11:01 pm

attyLLL


moderator
keep, there are several options, but i highly recommend that you get legal counsel to review your marital history and your documents.

what i would first look at is whether an actual marriage license was acquired. it should have a number listed on your marriage certificate. if not perhaps it states that you supposedly lived together for 5 years.

was there a ceremony at all?

is your 'husband' an american citizen? there is absolutely no way to contact him?

did your parents issue parental advice? how long ago was this marriage?

if i were your lawyer, i would try to find a flaw to have it declared void. you will need to file a judicial petition to have it declared void. good luck.


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12 Re: questions on marriage legalities on Sat Jun 18, 2011 1:50 pm

rsagsr214


Arresto Menor
I had been issued WARRANT OF ARREST last 2006 for BIGAMY filed by my second WIFE but I would like to question the legality of that marriage since it was pre-arranged and marred by FRAUD and LIES committed by my second wife.She lies before the Judge who officiate our wedding that we live together for the past seven years for in fact,we just live together for seven days,for her to get the benefit of the so called Article 34.She was in fact working in Lebanon and I was then working in Saudi Arabia,we became engaged thru text messaging.When I arrived in the Philippines,seven days after and the wedding was done.I just want to know the legality of this marriage and I would like also to know if she has the legal rights to file a case of Bigamy against me since she was the second marriage and made fraud and lies before the Judge just to pursue the pre-arranged marriage.Furthermore I want to know if supposed they give me AFFIDAVIT OF DESISTANCE,will this WARRANT OF ARREST will also be lifted?Please I need your advise very badly because I planned to go to Philippines to face my case.Thank you very much and more power.

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13 Re: questions on marriage legalities on Sun Jun 19, 2011 10:09 pm

attyLLL


moderator
rsagsr, you will have to face the bigamy case. your defense will be to prove these allegations. the warrant will not be lifted on a mere affidavit of desistance, and the fiscal has the right to continue with the case if he has other evidence.

read up on bigamy:

http://www.google.com/cse?cx=partner-pub-6855083666886697%3Aswhy8nr9q5q&ie=ISO-8859-1&q=bigamy+&sa=Search


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