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2 Marriages

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1 2 Marriages on Wed Jan 28, 2015 10:28 pm

quiryalot


Arresto Menor
Hi again fellows.

Hope you can enlighten me with this situation.

Elsa contracted a 1st marriage, void from the beginning, had a daughter, but never filed for declaration of nullity of marriage.
They got separated for 12 yrs, met a new man and had 2nd marriage, whom she had a son.

2nd husband died first.
1st husband appeared after 30 yrs, just to inform her that he also has another family. He then died after some time.

Elsa eventually also died leaving a parcel of land.

Questions:
1. What is the status of both marriages? (Null/Void/Valid)
2. What is the status of the children? (Legitimate/Illegtimate)
3. What will be their share in inheritance?

Thank you in advance.

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2 Re: 2 Marriages on Thu Jan 29, 2015 3:44 pm

AWV


Reclusion Perpetua
Elsa contracted a 1st marriage, void from the beginning, had a daughter, but never filed for declaration of nullity of marriage. HOW DO YOU KNOW ITS VOID? IN WHAT GROUND?
They got separated for 12 yrs, met a new man and had 2nd marriage, whom she had a son.
2nd husband died first.
1st husband appeared after 30 yrs, just to inform her that he also has another family. He then died after some time.
Elsa eventually also died leaving a parcel of land.

Questions:
1. What is the status of both marriages? (Null/Void/Valid) Ė IF THE FIRST MARRIAGE IS NOT FILED FOR DECLARATION, ALTHOUGH ITíS VOID, ITíS CONSIDERED VALID, WHICH MAKES THE SECOND MARRIED VOID. †IF FIRST MARRIED FILED FOR NULL †AND VOID THEN SECOND MARRIED IS VALID
2. What is the status of the children? (Legitimate/Illegtimate) LEGITIMATE OR ILLEGITIMATE IF THEY HAVE BEEN LIVING WITH THEIR MOTHER SINCE BIRTH, THEY ARE BOTH CONSIDERED AS THE HEIRS.
3. What will be their share in inheritance? EQUALLY DIVIDED BETWEEN THE TWO CHILDREN!

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3 Re: 2 Marriages on Thu Jan 29, 2015 6:35 pm

quiryalot


Arresto Menor
Thank you AWV for answering my questions.

Regarding ground, there was no Marriage License issued when they got married because the Bride was forced (with threat) to come on the actual date of marriage. After 3 mos, she filed for domestic violence in the brgy. but before they could take action, the husband already left her. Upon checking, the Marriage License number on the Marriage Certificate was fictitious and does not appear in the Municipality.

Regardless, as you explained, subsequent will still be void.

About the status of the children, which is which? Both are illegitimate? Or the 1st is legitimate and 2nd is illegitimate?

Once again thank you for entertaining my questions Smile

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4 Re: 2 Marriages on Thu Jan 29, 2015 7:01 pm

AWV


Reclusion Perpetua
Both children has equal rights because its their mother who died last anything she inherits from both husbands goes to her, then to her children. Children's legitimacy is irrelevant when it comes to inheriting from the mother.

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5 Re: 2 Marriages on Thu Jan 29, 2015 8:31 pm

quiryalot


Arresto Menor
Thank you AWV especially for clearing that part.

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6 Re: 2 Marriages Today at 5:37 pm

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