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Archived Marriage Certificate

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1 Archived Marriage Certificate on Fri Jun 26, 2015 7:27 pm

eileenbautista


Arresto Menor
I was civilly married in 1983 by a judge who was also my uncle. All those years (until year 2000), I thought i was legally married to my husband only to find out that our marriage certificate was and is still archived at the Civil Registry of Manila. In 2000, i'd decided i had had enough of my husband's verbal and physical abuse and so, i left him. During that time, i had plans to work abroad and started to secure documents needed to get a passport, hence, the reason i found out about the status of my marriage. I have now a steady partner in life for almost 14 years. Am i still legally bound to my husband? how can it be undone? Can i still revert to my single status and re-assume my maiden name in all my credentials, Ids, etc. ? what's the first thing to do? I have 3 grown kids with him. Will this affect their inheritance from their father? thank you so much for your immediate forthcoming help.

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2 Re: Archived Marriage Certificate on Sat Jun 27, 2015 1:46 am

marlo


Reclusion Perpetua
Bakit naman hindi magiging valid ang kasal mo? Sa anong basehan?

What are the grounds for annulment?

Open:
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).

What is adultery?

yun oh:
Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void. Each sexual intercourse constitutes a crime of adultery. Concubinage is defined and penalized under Article 334 of the Revised Penal Code, which reads:

Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

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3 Re: Archived Marriage Certificate on Sat Jun 27, 2015 1:04 pm

LandOwner12


Reclusion Perpetua
nice one...
valid ang kasal,
pwede ka makulong sa adultery,,

gudluck.

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