Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Nullity of marriage

Go to page : Previous  1, 2, 3, 4  Next

View previous topic View next topic Go down  Message [Page 2 of 4]

26 Re: Nullity of marriage on Sat Jul 04, 2015 7:29 am

freddi


Arresto Menor
thank you mr marlo,technified_ex and atty katrina for the advice

View user profile

27 Re: Nullity of marriage on Sat Jul 04, 2015 4:20 pm

marlo


Reclusion Perpetua
siguro sa regional/family trial court ng city or province kung saan nakatira ang spouse mo sa nakaraang mga buwan , doon ka maaring mag file.

walang exact time frame sa proseso. depende sa dami ng hinahawakang case ng judge, sa availability schedule ng court o atty, sa dami ng witness o paglilitis, atbp. more or less siguro 12 to 24 months kaya depende.

kakailanganin mo ang attorney dyan.hanggat hindi na declare ng court na walang bisa ang kasal mo at di ito na register sa kinauukulan, hindi nakakabuti sa iyo na magpakasal muli

View user profile

28 Re: Nullity of marriage on Sat Jul 04, 2015 11:21 pm

freddi


Arresto Menor
salamat po sa advicešŸ˜Š,may idea ako kung paano ang proseso at ang itatagal nito,sa ngayon po talaga wala pa naman ako balak magpakasal pero mas makakabuti na maayos ang lahat,dasal ko nalang na sana maging maayos kung magkita man kami ulit at maibigay nya sa akin itong hiling ko.nagsisimula akong mag ipon ng sarili ko sa ngayon at alam kong kakailanganin ng pera para dito.maraming salamat!!

View user profile

29 Re: Nullity of marriage on Sun Jul 05, 2015 11:48 pm

Zerogravity27


Arresto Menor
Hi, I'm asking an advice bout the situation of my fiancee. He was married in a civil wed, that was 2002, was separated for about 5yrs.and he found out that there marriage was not submitted to the nso, coz when he got his cenomar he is not married.Our concern here, is do he still need to file for annulment if he doesn't have a record. Thanks a lot, hope you can help us..thanks and God bless

View user profile

30 Re: Nullity of marriage on Mon Jul 06, 2015 1:30 am

marlo


Reclusion Perpetua
Zerogravity27 wrote:Hi, I'm asking an advice bout the situation of my fiancee. He was married in a civil wed, that was 2002, was separated for about 5yrs.and he found out that there marriage was not submitted to the nso, coz when he got his cenomar he is not married.Our concern here, is do he still need to file for annulment if he doesn't have a record. Thanks a lot, hope you can help us..thanks and God bless

marriage is valid...
checked local registry?
annulment on what grounds?

View user profile

31 Re: Nullity of marriage on Mon Jul 06, 2015 4:00 pm

Katrina288


Reclusion Perpetua
freddi wrote:salamat po sa advicešŸ˜Š,may idea ako kung paano ang proseso at ang itatagal nito,sa ngayon po talaga wala pa naman ako balak magpakasal pero mas makakabuti na maayos ang lahat,dasal ko nalang na sana maging maayos kung magkita man kami ulit at maibigay Ā nya sa akin Ā itong hiling Ā ko.nagsisimula akong mag ipon ng sarili ko sa ngayon at alam kong kakailanganin ng Ā pera para dito.maraming salamat!!


I-collect mo na lahat ng documents na kailangan like record ng 1st marriage at record ng marriage ninyo, etc. It can last for 2-3 years kasi sa sami ng hinahawakan ng kaso ng korte kaya tumatagal.

View user profile http://www.kgmlegal.ph

32 Re: Nullity of marriage on Mon Jul 06, 2015 4:02 pm

Katrina288


Reclusion Perpetua
Zerogravity27 wrote:Hi, I'm asking an advice bout the situation of my fiancee. He was married in a civil wed, that was 2002, was separated for about 5yrs.and he found out that there marriage was not submitted to the nso, coz when he got his cenomar he is not married.Our concern here, is do he still need to file for annulment if he doesn't have a record. Thanks a lot, hope you can help us..thanks and God bless

Yes, even though his marriage was not recorded in NSO, he is still married. It is not the recording of the marriage with the NSO that makes a marriage valid.

He can file for annulment if there is/are ground/s available to him.

Regards,
Atty Katrina

View user profile http://www.kgmlegal.ph

33 Re: Nullity of marriage on Mon Jul 06, 2015 10:43 pm

freddi


Arresto Menor
atty paano po pala ako makakakuha ng record ng kasal nila? kung hihingin ko po ba sa sa nso yun mabibigay nila kahit wala akong detalyeng mabibigay katulad ng araw kung kelan sila kinasal? pati narin sa mga anak nila,

View user profile

34 Re: Nullity of marriage on Mon Jul 06, 2015 11:04 pm

+639281539589


Arresto Menor
Ask lng po ng advice,ngpakasal po ako nung 2004 manila city hall at wla dn kmi marriage license,i was 22 at wla po kming parents consent.then after a year we go our seperate ways.after 10 years nlaman ko n my live in partner at anak n ang strange husband ko.kumuha ako ng kopya ng marriage certificate nmn at sa mnila city hall pero wla ito duon so we try nso at nlaman ko na s san juan city hall sya nkafile.ano po ba ang pde ko ifile?annulment or petition for nullity of marriage.pls help me po kung ano ang mas madali at mas cheaper.

View user profile

35 Re: Nullity of marriage on Mon Jul 06, 2015 11:28 pm

marlo


Reclusion Perpetua

cguro nullity of marriage based on lack of essential and formal requisites of marriage?

cguro concubinage?

View user profile

36 Re: Nullity of marriage on Tue Jul 07, 2015 12:03 am

+639281539589


Arresto Menor
If mgfile po ako ng petition of nullity of marriage,mga gaano po ito ktagal?
Ayaw ko nmn mgfile ng concubinage dhil hiwalay n kmi nung nkhanap sya ng iba at hnd dn po kmi ngsama sa iisang bhay

View user profile

37 Re: Nullity of marriage on Tue Jul 07, 2015 2:32 am

marlo


Reclusion Perpetua
marriage is valid until the court declares finality of your petition...you have to undergo the petition ... you need the court to declare na null/void with a valid ground. kakailanganin mo ang attorney sa case na yan...

declaration of finality depends on several factors..cases handled by court, witnesses etc.

View user profile

38 Re: Nullity of marriage on Tue Jul 07, 2015 5:07 am

+639281539589


Arresto Menor
Ok.thank u po sa knowledge and god bless!

View user profile

39 Re: Nullity of marriage on Tue Jul 07, 2015 9:37 am

Katrina288


Reclusion Perpetua
freddi wrote:atty paano po pala ako makakakuha ng record ng kasal nila? kung hihingin ko po ba sa sa nso yun mabibigay nila kahit wala akong detalyeng mabibigay katulad ng araw kung kelan sila kinasal? pati narin sa mga anak nila,

Kuha ka ng CENOMAR ng tao na nagpakasal ng dalawang beses. MAgrereflect doon ang 2 marriages kung parehas narecord.

View user profile http://www.kgmlegal.ph

40 Re: Nullity of marriage on Tue Jul 07, 2015 9:40 am

Katrina288


Reclusion Perpetua
+639281539589 wrote:Ask lng po ng advice,ngpakasal po ako nung 2004 Ā manila city hall at wla dn kmi marriage license,i was 22 at wla po kming parents consent.then after a year we go our seperate ways.after 10 years nlaman ko n my live in partner at anak n ang strange husband ko.kumuha ako ng kopya ng marriage certificate nmn at sa mnila city hall pero wla ito duon so we try nso at nlaman ko na s san juan city hall sya nkafile.ano po ba ang pde ko ifile?annulment or petition for nullity of marriage.pls help me po kung ano ang mas madali at mas cheaper.

Your marriage is null and void, so you have to file a petition for declaration of nullity of marriage for lack of a valid marriage license.

Correction Marlo, a valid marriage license is a FORMAL requisite of marriage, not essential. Please check reference.

Also, Concubinage will not prosper because this case requires that the marriage is valid. If it's proven that the marriage is null and void, it won't prosper.

Regards,
Atty. Katrina

View user profile http://www.kgmlegal.ph

41 Re: Nullity of marriage on Tue Jul 07, 2015 10:00 am

+639281539589


Arresto Menor
Thank u po atty katrina.how can i contact you if i want to file a petition?

View user profile

42 Re: Nullity of marriage on Tue Jul 07, 2015 10:02 am

Katrina288


Reclusion Perpetua
No worries. You may contact me by sending an email to km@kgmlegal.ph

Regards,

Atty. Katrina

View user profile http://www.kgmlegal.ph

43 Re: Nullity of marriage on Tue Jul 07, 2015 4:08 pm

marlo


Reclusion Perpetua
Katrina288 wrote:
+639281539589 wrote:Ask lng po ng advice,ngpakasal po ako nung 2004 Ā manila city hall at wla dn kmi marriage license,i was 22 at wla po kming parents consent.then after a year we go our seperate ways.after 10 years nlaman ko n my live in partner at anak n ang strange husband ko.kumuha ako ng kopya ng marriage certificate nmn at sa mnila city hall pero wla ito duon so we try nso at nlaman ko na s san juan city hall sya nkafile.ano po ba ang pde ko ifile?annulment or petition for nullity of marriage.pls help me po kung ano ang mas madali at mas cheaper.

Your marriage is null and void, so you have to file a petition for declaration of nullity of marriage for lack of a valid marriage license.

Correction Marlo, a valid marriage license is a FORMAL requisite of marriage, not essential. Please check reference.

Also, Concubinage will not prosper because this case requires that the marriage is valid. If it's proven that the marriage is null and void, it won't prosper.

Regards,
Atty. Katrina

Noted, thank you for the correction Atty. Smile

View user profile

44 Re: Nullity of marriage on Tue Jul 07, 2015 4:27 pm

raheemerick


Reclusion Perpetua
ref only

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).
2. Lack of authority of solemnizing officer (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. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).
5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).
6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the childrenā€™s presumptive legitime.
7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).
8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other personā€™s spouse, or his or her own spouse.
9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity.


What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

View user profile

45 Re: Nullity of marriage on Wed Jul 08, 2015 5:36 pm

minyongzki22


Arresto Menor
Good pm. I would like to seek advice about the nullity of my marriage. It was year 2005, my mother-in-law was in a rush for the wedding to take place bec my gf was pregnant that time, it was 6mos before her 18th birthday. So my mother-in-law falsified my 'wife's' nso birth certificate, advanced the birth year by 1year. I couldnt disagree bec the parents were in rage and in hurry for me to take reponsibility of the child and my gf. After a year of being married, her minority affected our marriage bec she gets jealous even with my female cousins with immature reasons. She ran away with our child and we never had a communication until now. Is it qualified as a void marriage from the beginning since she was a minor and the nso birth year was falsified? What process should i take po? Thank you

View user profile

46 Re: Nullity of marriage on Wed Jul 08, 2015 6:08 pm

minyongzki22


Arresto Menor
I remember, her cousin was working at the municipal registrar that time, i am no longer sure if they had a false nso birth certificate or they did not submit birth cert requirements in the registrar. They were the ones who fixed everything.

View user profile

47 Re: Nullity of marriage on Wed Jul 08, 2015 9:46 pm

marlo


Reclusion Perpetua

petition to nullify your marriage ..see grounds for null/void marriage on other topics.

finality that marriage is void by trial court is needed etc.. before you can remarry.

kakailangan mo ng attorney,..

View user profile

48 Re: Nullity of marriage on Thu Jul 09, 2015 12:55 am

freddi


Arresto Menor
thank you attty katrinašŸ˜Š

View user profile

49 Re: Nullity of marriage on Thu Jul 09, 2015 11:43 am

minyongzki22


Arresto Menor
Am i allowed to petition for nullity when i as the groom was made aware of the falsification also? Is there a chance that i may be charged of corruption of minor? If i have the right to file a petition, can i do it in other municipality/region or just in the munipality where the weddin took place? Thank you.

View user profile

50 Re: Nullity of marriage on Thu Jul 16, 2015 11:15 am

myrho


Arresto Menor
Hi po..
Need ko po advice nyo kung anu po pwd naming ifile.
Ito po yung sitwasyon.
Ung bf ko kasal nung jan 2007, secret marriage po yun, d alam ng parents ng girl na nagpakasal sila. 1 week after marriage po ung wife nya nag go abroad po, 3 months palang po ung wife dun nakipaghiwalay sya, tpoz nalaman ni bf na may other men sya, nka 3 uwi na po c wife ng pinas, pero hnd sya nagpapakita sa bf ko para pag usapan nila, tuwing pupunta c bf sa bahay nila, e madaling araw palang umaalis na sila nung men nya papuntang samar kung saan ung lugar ng men nya. Tapos ngaun sa fb nagppm po sya na magfile dw sya ng case sa amin pagnagpakasal at may baby kmi.
Nung 2010 po kumuha kmi ng marriage contract nila sa nso, wala pong marriage license #. Then kulang po yung name ng bf ko dun, 2 kc name nya, palayaw nya lng ang nakasulat. At 8 yrs na rin po ngaun nakaraan ng wala na silang pikialamanan sa isa't isa, at sa paglabas pasok nya po ng bansa eh, single talaga gamit nya, never nya po dala ung married name nya.

(1) valid po b married nila kahit wlang license number at mali ung name nung husband?

(2) may expiration po ba ung secret marriage nila? Patay na rin ung nagkasal eh, sa ibang city po kc cla kinasal.

(3)anu po pwd naming ifile if valid pa rin marriage nila?

(4) magkano po aabutin na gastos,
Gaano po katagal yong proseso at need po ba ng atty.?

(5) panu po namin malalaman kung nagpakasal na rin sila nung lalaki nya?

Your answer po, very well appreciated ko po. Salamat po.

View user profile

51 Re: Nullity of marriage Today at 4:39 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 2 of 4]

Go to page : Previous  1, 2, 3, 4  Next

Permissions in this forum:
You cannot reply to topics in this forum