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Marriage void and null?

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1 Marriage void and null? on Mon Dec 01, 2014 8:54 am

martina


Arresto Menor
Good day.

Meron po akong kinakasama na nagpakasal 14 years ago, ang age niya po nun ay 26 samantalang ang babae naman po ay 20 palang at pineke nila ang pirma ng nanay ng babae dahil nung panahon na un ay nasa hongkong ang magulang ng babae. Lalabas po ba na null and void ang kasal nila? Kung null and void po paano po maprocess para makasal naman po kami?

Sana po matulungan niyo po kami.. salamat po

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2 Re: Marriage void and null? on Mon Dec 01, 2014 11:32 am

myst01


Arresto Mayor
valid po yung kasal nila, ang kawalan ng pirma ng magulang ay hindi po isa sa mga dahilan para madeklara na null and void ang isang marriage kundi ginawang voidable lamang po ito..

pero pwede parin po kayo magfile ng nullity of marriage kung gugustuhin po nyo.. but on grounds of psychological incapacity..

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3 Re: Marriage void and null? on Mon Dec 01, 2014 11:46 am

martina


Arresto Menor
thanks po sa advice.... kala ko po kasi kapag below 21 yrs old ang isang party kailangan ng parent consent...... is this mean na annulment na din po ang pag file?

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4 Re: Marriage void and null? on Mon Dec 01, 2014 1:29 pm

karl rove


Reclusion Perpetua
I can't understand why "psychological incapacity? Assuming the "want of parental advice" is the problem here, why the need to have it annulled by reason of psycho incapacity???

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5 Re: Marriage void and null? on Mon Dec 01, 2014 2:11 pm

myst01


Arresto Mayor
karl rove wrote:I can't understand why "psychological incapacity? Assuming the "want of parental advice" is the problem here, why the need to have it annulled by reason of psycho incapacity???

assuming indeed that want of parental consent is the problem here, the partner of Martina cannot file an annulment based on want of parental consent because he is not the party whose parental parental consent is wanting. furtheremore, the action based on lack of parental consent should have been filed by the proper party within five years after attaining the age of twenty-one or at anytime before the individual concerned reached the age of twenty-on as the case maybe..
further, the partner is engaged in an extramarital affairs which, in my honest opinion, has rendered him incapable of performing his marrital duties with his wife and children, if any, hence the psycho......

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6 Re: Marriage void and null? on Tue Dec 02, 2014 2:02 pm

karl rove


Reclusion Perpetua
On the premise that the partner is engaging in extra marital affair, would that fall under Pscho incapacity taking into consideration the stringent requirement in Republic v. Molina?

or rather, is having extra marital affair, a ground for sexual infidelity, proper for legal separation only?

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7 Re: Marriage void and null? Today at 1:23 am

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