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Marriage validity

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1 Marriage validity on Tue Jan 25, 2011 6:06 pm

lil_princess2005


Arresto Menor
1.Ask ko lang po if, kung meron legal na mag asawa they separated for more than 20 years or more tpos yun husband had his own family after the separation but didnt get to marry again and didnt had the chance to file an annullment, Is the first marriage still be legal? Or is there in some extent that there is a law in the Philippines that in certain number of years being separated as legal spouses could consider the marriage null and void? kung sakali po at meron, ano po kaya ang mga grounds?
2. At kung namatay po yun husband, ano naman po ang habol ng illegetimate child sa properties na naiwanan ng yumao?

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2 Re: Marriage validity on Wed Jan 26, 2011 5:15 pm

attyLLL


moderator
law defines marriage as a special contract of permanent union. nothing regarding its validity changes by mere separation and passage of time.

the illegitimate child is entitled to inherit. did the father have legitimate children? if he did, the illegitimate child is entitled to half of the share of one legitimate child.


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3 Annulment grounds on Mon Jan 31, 2011 10:57 am

jocoloc


Arresto Menor
Hi Good Morning,

I left my husband 3 years ago - has some sort of "job" with the government - drives a truck, does not want to be separated from his barkada and family. No valid source of income - always says bahala na daw ako kasi ako naman may magandang trabaho. I got so fed up with the irresponsibility and incompetence.
Always waits for handouts from his relatives outside of the country.
He and his family are straight out of a cheesy telenovela.
I now heard that he has a new child with another girl.
Would this speed up my annulment?

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4 Re: Marriage validity on Mon Jan 31, 2011 9:14 pm

attyLLL


moderator
jocoloc, do you mean you have or are planning to file a petition for annulment? under what ground? psycho incapacity?


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5 Re: Marriage validity on Thu Feb 03, 2011 1:27 pm

jocoloc


Arresto Menor
attyLLL wrote:jocoloc, do you mean you have or are planning to file a petition for annulment? under what ground? psycho incapacity?

Hello -

Have been planning on filling but i need to make sure. I am a single parent and I dont want to waste my resources by filling annulment and loosing.
This can fall on Psychological incapacity right?
I looked at most of the post and I think it's the only grounds I can qualify for.
Your advice please

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6 Re: Marriage validity on Fri Feb 04, 2011 6:40 pm

attyLLL


moderator
jocoloc, i recommend you have your marital docs and history reviewed by a legal professional to see if there is a ground for annulment.


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7 Re: Marriage validity on Tue Feb 08, 2011 8:38 pm

Emdyey


Arresto Menor
sir, i just want to ask if secret marriage legal? my girlfriend way back 2005 when she was 21, she and her bf had a secret marriage with a judge. She and her bf accompanied by her bf's tito and tita, they are also the one who signed the contract, but she is all alone and her parents and relatives don't know what she did. I already applied for CENOMAR, i just want to ask in advance what shall i do if the results is positive, that she was already married. We are already planning to get marry. Thank you sir.

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8 Re: Marriage validity on Tue Feb 08, 2011 9:22 pm

attyLLL


moderator
i recommend that she has her marital documents and history examined by a legal professional. if the marriage was registered, she will have to file for annulment first.


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9 Re: Marriage validity on Thu Feb 10, 2011 12:29 pm

Emdyey


Arresto Menor
Thank you very much sir for your response. i already got the result of the CENOMAR, im so depressed to find out that she was already married. Dont know what to do. Thank you sir. God bless

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10 Re: Marriage validity on Mon Feb 14, 2011 2:45 pm

ylalem25


Arresto Menor
Atty. LLL

way back year 2004 yong friend ko pong guy iniwan ng asawa nya 7 years na silang hiwalay ngayon at wala na cla balita sa isat - isa wla na clang communication sa isat - isa, ask ko lang after 10 years ng hiwalayan nila maging VOID po ba ang MARRIAGE nila? pwede po ba ulit magpakasal yong friend kung guy?

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11 Re: Marriage validity on Mon Feb 14, 2011 10:09 pm

attyLLL


moderator
ylalaem, no, the marriage still subsists.


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12 Re: Marriage validity on Tue Feb 15, 2011 8:43 am

ylalem25


Arresto Menor
Thank you so much for immediate response. Since gusto po magpakasal ulit ng friend ko, ano po ba mga legal na dapat gawin para ma VOID yong marriage nya sa dati nyang asawa? ano po mga kailangan proseso na gawin? And ilang years po aabutin ng pag process?

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13 Re: Marriage validity on Tue Feb 15, 2011 7:09 pm

attyLLL


moderator
i recommend that you have her marital docs and history reviewed by a legal professional.

if she does a good faith search for the husband and fails, there may be basis to declare the husband presumptively dead.


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14 Re: Marriage validity on Wed Feb 16, 2011 9:13 am

ylalem25


Arresto Menor
Hi Atty. its me ylalem again, sir kc po yong asawa nya taga cebu dw po hindi nya alam particular saan sa cebu, yong mga kamag.anak ng asawa nya hindi nya na rin ma trace kung saan sa manila kc binalikan nya dun sa inupahan nilang bahay wala na rw doon. Ask ko lang anu pang ibang paraan para ma trace yong asawa nya.

Pag ma approved sa court yong e file nyang petition for presumptively dead magiging VOID na po ba yong kasal nya sa una nyang asawa? and pwede na po ba cya magpakasal ulit sa simbahan?

Atty. what if halimbawa na approved na sa court yong pag file nya ng petition for presumptively dead, and nakapgpakasal na cya sa pangalawa nyang asawa, tpos biglang nagpakita yong una nyang asawa, may posibility ba yon maging VOID yong marriage nya sa pangalawa nyang asawa?

Thank you, waiting for your reply.

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15 Re: Marriage validity Today at 7:12 am

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