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Marriage/Validity/Nullity

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1 Marriage/Validity/Nullity on Tue Oct 13, 2015 7:57 am

Chowder


Arresto Menor
My partner and I were together for 8yrs now. We're planning to get married kqya lang kasal sya sa unang gf nya noong 1997. Sa manila city hall sila kinasal w/o the presence of both party's parents. They fake the girls birthyear to make it look like the girl is of legal age. The address of the guy was literally CAVITE CITY. Aside from that, everything else is correct. Taong 2009, he went to cavite city to see if a Marriage License was filed there, and sadly, yes there is. We have not tried to get a cenomer just yet.

By the way, the girl is already married. And take note, they got married sa simbahan year 2010. We tried to communicate with the girl to lnow how they do it but the girl and the guy never answered and just ignored us.

The question is how do we go about the process where we can finally tie the knot too? Do we have to file for nullitynof marriage even if the girl already married somebody else? Nakapagtataka kasi, nakapagpakasal sila without my partner's knowledge. Eh diba pag ikakasal, church would require a CENOMAR?

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2 Re: Marriage/Validity/Nullity on Tue Oct 13, 2015 1:34 pm

marlo


Reclusion Perpetua
Your partner may file bigamy and adultery case in court against his legal wife (and her 2nd husband) if criminal act against his legal wife is his intention. He needs to prove that in court using 2 MCs from NSO. Her wife's civil marriage (if any) to her 2nd husband is void at the beginning.

Absence of marriage license, essential or formal marriage requisites during the civil wedding unless exempted by law (or Art 34) can be a ground to void your partner's marriage. He needs court to declare nullity of his marriage if that is his intention. 

Any other marriage of your partner in the future is void until his first marriage is annulled or declared void by court.

Any other properties acquired by your partner after the his first marriage is assumed conjugal property between him and his legal wife.

Annulment on church is separate and different from civil annulment.

You may consult an attorney to justify which ground is the best for your partner to nullify his marriage if that is his intention.

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