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i really need your help

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1 i really need your help on Tue Oct 19, 2010 11:05 am

voltra


Arresto Menor
ask ko lang po sana kung ano ang mga dpat gawin kc nagpakasal kmi last 1995 and im only turning 18 and my husband is 18 yrs old at that time so nagdecide kmi to tamper our birth cert at inadjust namin ng 1 yr ang aming age, ngaun po naguguluhan ako kung ano ang ipafile ko dhil na rin sa mga nababasa ko na voidable daw po ung marriage namin, am i still single?maraming maraming salamat po sa sagot nyo.

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2 Re: i really need your help on Tue Oct 19, 2010 7:35 pm

attyLLL


moderator
a marriage where one of the parties is underage is void, but without a judicial declaration, your marriage is considered valid.

however, if someone with sufficient basis will file a case to annul your marriage, then it will be vulnerable.

you are considered married by the law. but you may face problems later on when you submit documents and it is noticed that your dates of birth on your bc and marriage cert do not match.


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3 i really need ur help on Tue Oct 19, 2010 8:51 pm

voltra


Arresto Menor
ano po ang dapat kong gawin para maayos ko ito?

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4 Re: i really need your help on Tue Oct 19, 2010 9:16 pm

attyLLL


moderator
it depends, what is your objective? to be single again or to protect your marriage? you mentioned that you were confused on what you need to file, do you mean a court case?


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5 i really need ur help on Tue Oct 19, 2010 11:42 pm

voltra


Arresto Menor
if gus2 ko po maging single uli ano po ang dapat gawin? at kung gus2 ko po maretain ang marriage ano po ba ang kailangan gawin? at kung gaano po katagal ang mga proseso. salamat po

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6 Re: i really need your help on Wed Oct 20, 2010 10:08 pm

attyLLL


moderator
if you wish to be single, you will have to file a petition in court to annul your marriage on the basis of not having legal capacity to enter into marriage. at least 6 mos to 1 year.

if you wish to retain your marriage, then i recommend you do nothing. there is a legal presumption that a marriage is valid and only a spouse or someone with sufficient interest can question the marriage.


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7 Re: i really need your help on Fri Oct 22, 2010 11:39 am

voltra


Arresto Menor
maraming maraming salamat po

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8 Re: i really need your help on Wed Nov 24, 2010 8:44 pm

kaiseramber


Arresto Menor
i had the same problem ..i got married 1996..and only 17 yrs old and hubby was 18yrs old,my mom tamper my B.C also...
so you mean if someone can make a proof that its been tamper my B.C the marriage thing would be in valid..? but my marriage certificate has its registration number and they say it means its registered in N.S.O
how is that ?

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9 Re: i really need your help on Thu Nov 25, 2010 11:13 am

attyLLL


moderator
kaiser, registration of the marriage certificate has no bearing on the validity of your marriage. technically, your marriage is void if you were less than 18, but only someone with sufficient interest, such as your husband, can file a case to declare it annulled. it is presumed valid as long as there is no judicial decree stating otherwise.


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10 Re: i really need your help on Fri Nov 26, 2010 2:52 am

kaiseramber


Arresto Menor
thank you for response..
so register number is not the validity of marriage!
marriage thing is void coz less than 18...but my parents are one of the witnesses..
is only husband can declare annulled or some family or relatives also?

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11 Re: i really need your help on Sat Nov 27, 2010 9:00 am

attyLLL


moderator
kaiser, do you want your marriage to remain valid or declared void?

right now, only you and your husband can file a case, but when one of you dies, there may be heirs who can challenge the validity of the marriage because it affects their share in the estate. if you're not rich, then it won't be an issue.


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12 Re: i really need your help on Mon Nov 29, 2010 3:02 am

kaiseramber


Arresto Menor
i want my marriage declared void...coz im goin to apply for citizenship then want to get my son...
like i said to my other issue.
when i filed for US VISA i didnt put my son or single parent ,coz im not sure if this marriage thing is valid,.
what could be the best advice you can give me for my situation.

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13 Re: i really need your help on Mon Nov 29, 2010 2:04 pm

attyLLL


moderator
your marriage is presumed to be valid, and you can declare otherwise only when there is a judicial declaration that it is void.

the remedy is to file a petition in court to annul the marriage on the basis of absence of legal capacity.


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14 Re: i really need your help Today at 5:33 pm

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