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Is this a void marriage? Change of age (year of birth) to pursue the marriage

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Aishiestar


Arresto Menor
Hi good day.

Its my first time to post here. I would like to ask if this is a void marriage?
Scenario:
My boyfriend was married in September 1994, he was 19 years old and his ex wife was 17 that time. ex-wife was born on july _, 1977. She was already pregnant to pursue their wedding, to be at legal age to marry they changed the year of birth (from
1977 to 1976) in the marriage license and marriage contract.


They got separted after 5years. They been separated for 18 years now with no communication. Their daughter is at legal age now and already her own family. Ex-wife already have her own family with 1 child to other man.
My boyfriend and I were going to have a child soon. And we are planning to get married. But their marriage is registered at NSO.
What will be the process to declare that his previous marriage is a void marriage?

Hoping for your response and legal advice regarding this matter.

Thank you.

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Katrina288


Reclusion Perpetua
Hi,

Since the wife was a minor (17) at the time of the celebration of marriage, the marriage is void from the beginning and has never been valid.

However, in order for your husband to remarry, he has to file a petition for declaration of nullity of marriage with the court. If he doesn't and marries for the second time, the second marriage will also be void from the beginning.

If you need legal assistance in pursuing this petition, you may email km@kgmlegal.ph

Regards,
Atty. Katrina

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

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