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Marriage legality

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1 Marriage legality on Sun May 28, 2017 3:53 pm

Spa22ow


Arresto Menor
Hi Atty,
Im hoping you all have a good day today. Tanong ko lang po ang validity ng marriage if minadali sya. Kinasal sa civil wedding but madalian po. Can you advise din what is conjugal property if a spouse has rights on a business of his/her partner. Thank you and more power.


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2 Re: Marriage legality on Sun May 28, 2017 4:38 pm

xtianjames


Reclusion Perpetua
kung kumpleto requirements ng kasal eh valid yun kahit pa namadali. in case na di valid, kailangan nyo padin idaan ito sa korte para mapawalang bisa ang kasal.

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3 Re: Marriage legality on Sun May 28, 2017 7:16 pm

Spa22ow


Arresto Menor
Atty kumpleto po requirements pero ano ang mas malakas yung validity ng kasal or yung pagiging null nya. Kumpleto po eh,so kung chinallenge po yung validity ng kasal like magfile ng adultery case or conjugal property partition ibang case po ba yun? Salamat po sa sagot and Im looking po for a lawyer about these baka po merong makapagrefer.

xtianjames wrote:kung kumpleto requirements ng kasal eh valid yun kahit pa namadali. in case na di valid, kailangan nyo padin idaan ito sa korte para mapawalang bisa ang kasal.

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4 Re: Marriage legality on Sun May 28, 2017 10:43 pm

Jadis

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Reclusion Perpetua
Adultery is not a ground for annulment or declaration of nullity. If the parties were both of legalage with no legal impediments to marry each other and have complied with the formal and documentary requirements the marriage is VALID. WE DO NOT HAVE DIVORCE IN THIS COUNTRY.

Before the effectivity of the Family Code the default property regime was the conjugal partnership of gains.

After August 3, 1988 the default regime of property is absolute community.

The rules governing these property arrangements are in the Family Code.

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5 Re: Marriage legality on Mon May 29, 2017 5:25 am

Spa22ow


Arresto Menor
Thank you po sa pagsagot. Follow up lang is if the marriage validity can be challenged even if I have certificate of true copy taken from the NSO if ever I file an adultery case po. Also can I file a restraining order to an exbf who is harassing us, he is the father of my wife's child and keeps using the chikd as an excuse to visit us. What can I do to stop this harrasment please. Thank you again for your time.
Jadis wrote:Adultery is not a ground for annulment or declaration of nullity. If the parties were both of legalage with no legal impediments to marry each other and have complied with the formal and documentary requirements the marriage is VALID. WE DO NOT HAVE DIVORCE IN THIS COUNTRY.

Before the effectivity of the Family Code the default property regime was the conjugal partnership of gains.

After August 3, 1988 the default regime of property is absolute community.

The rules governing these property arrangements are in the Family Code.

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6 Re: Marriage legality on Mon May 29, 2017 7:08 am

Jadis

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Reclusion Perpetua
? The marriage is VALID. Why will you challenge it? The only way you can challenge the validity of a marriage is if you have a court decision declaring it void.

The biological father has visitation rights over his illegitimate child.

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7 Re: Marriage legality on Mon May 29, 2017 7:24 am

Spa22ow


Arresto Menor
Good morning attorney and thanks for the quick reply. No hindi ko po chinachallenge ang validity into. It's the other way around. Yung ex nya ang nagchachallenge. Eto po yung whole story.

I was married last year February 2016 and now I'm working abroad and my wife is left in the Philippines.  She has one child from a previous bf.   Ang kasal po namin ay madalian. Nasa Pilipinas po ako for one month bago ako umalis ulit. After a week bumalik ako para pakasalan sya. TagaCavite po sya ako naman ay taga Makati pero sa Bulacan kami Kinasal kasi po one week lang ako pwede maglagi sa Pilipinas.Kumpleto po lahat ng documents namin. And Kinasal po kami ni mayor. Now po yung tatay ng anak ng misis ko ay pumapasok ulit sa buhay nya at sinasabi nya wala bisa kasal namin dahil sa mga technicalities po. Ang tanong ko po kung legal ba ang among marriage. Meron po akong certified true copy ng marriage certificate galing sa NSO. Maari po ba akong magfile ng adultery case if ever me proof ako na nagsasama sila now. Ano po mabuti gawin para hindi na manghimasok ang ex nya. If pwede I can hire you po as a legal adviser. Eto po email ko edc1022 at yahoo.com out of the country pa din po ako.
Jadis wrote:? The marriage is VALID. Why will you challenge it? The only way you can challenge the validity of a marriage is if you have a court decision declaring it void.

The biological father has visitation rights over his illegitimate child.

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8 Re: Marriage legality on Mon May 29, 2017 2:00 pm

Jadis

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Reclusion Perpetua
Cohabitation is different from sexual intercourse.

As the law is written now, adultery is committed by a WOMAN who has carnal knowledge of a MAN WHO IS NOT HER HUSBAND.

You have to prove that your wife actually had sex with her former lover.

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9 Re: Marriage legality on Mon May 29, 2017 3:46 pm

Spa22ow


Arresto Menor
So do I have to catch them in the act? It's ok for them to be living together while I'm away is that it? Wouldn't that be unfair for me the legal husband.

Jadis wrote:Cohabitation is different from sexual intercourse.

As the law is written now, adultery is committed by a WOMAN who has carnal knowledge of a MAN WHO IS NOT HER HUSBAND.

You have to prove that your wife actually had sex with her former lover.

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10 Re: Marriage legality on Mon May 29, 2017 4:03 pm

Jadis

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Reclusion Perpetua
Someone has to catch them in the act or testify to that fact. Every time they have sexual intercourse is one count of adultery. That is how the law is written. If you think it is unfair, write your congressman.

It obviously is not alright for a married woman to cohabit with another man as husband and wife. You have civil remedies against her, you could ask for legal separation and damages.

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11 Re: Marriage legality on Mon May 29, 2017 8:50 pm

Spa22ow


Arresto Menor
What do you mean civil remedies against her? can you please explain po. Thank you. So living together is not grounds for adultery case?
Jadis wrote:Someone has to catch them in the act or testify to that fact. Every time they have sexual intercourse is one count of adultery. That is how the law is written. If you think it is unfair, write your congressman.

It obviously is not alright for a married woman to cohabit with another man as husband and wife. You have civil remedies against her, you could ask for legal separation and damages.

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12 Re: Marriage legality on Tue May 30, 2017 10:04 am

Jadis

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Reclusion Perpetua
Your grievances against your wife are civil and not criminal in nature. I already told you what possible cases you could file against her.

You can Google the elements of adultery if you like. Living together is NOT ENOUGH.

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13 Legality of marriage on Thu Jun 01, 2017 8:18 pm

D


Arresto Menor
Hi Atty,

Hihingi lang po ako ng advice sa kung ano ang dapat kong gawin, nag asawa po 2005 kasal kami via civil pero naghiwalay kami 2008 at may pamilya ng sarili, maari ko po malaman kung pwede na mapawalang bisa ang kasal namin kasi un ex wife ko ay muslim pero yung nasa marriage certificate namin is catholic sya.,to be fare sa kinakasama ko ngayon na gusto magpakasal sa akin? Or kung hindi naman po kasi 9 years na kami wala communication ng ex wife ko. Lumapit na dn ako sa pao dati pero hindi ako nai entertain ng maayos. Nag search ba din ako at nakita ko na napakalaking halaga ang kailangan para sa annulment. Sana po matulungan nyo ako a aking sitwasyon. Salamat.

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14 Legality of marriage on Fri Jun 02, 2017 3:24 am

D


Arresto Menor
Hi Atty,

Hihingi lang po ako ng advice sa kung ano ang dapat kong gawin, nag asawa po 2005 kasal kami via civil pero naghiwalay kami 2008 at may pamilya ng sarili, maari ko po malaman kung pwede na mapawalang bisa ang kasal namin kasi un ex wife ko ay muslim pero yung nasa marriage certificate namin is catholic sya.,to be fare sa kinakasama ko ngayon na gusto magpakasal sa akin? Or kung hindi naman po kasi 9 years na kami wala communication ng ex wife ko. Lumapit na dn ako sa pao dati pero hindi ako nai entertain ng maayos. Nag search ba din ako at nakita ko na napakalaking halaga ang kailangan para sa annulment. Sana po matulungan nyo ako a aking sitwasyon. Salamat.

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15 Re: Marriage legality on Fri Jun 02, 2017 10:03 am

Jadis

avatar
Reclusion Perpetua
Those are the consequences of entering into a marriage.

Not everyone can get out. We do not have a divorce law. But since your LEGAL WIFE is a Moslem, why don't you ask her if she would divorce you under Shari'a Law? Moslems are allowed to divorce, but I am not sure about mixed marriages.

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16 Re: Marriage legality on Sun Jun 04, 2017 12:57 pm

xtianjames


Reclusion Perpetua
@D
adding to atty Jadis' comments, sabi mo sa MC nyo nilagay na catholic ang ex wife mo so I'm assuming hindi kayo sa muslim rights kinasal tama? if that is the case, hindi magaapply sa case nyo yung divorce sa muslim kasi sa civil law kayo kasal at hindi sa sharia. sad to say pero kakailanganin nyo mag file for annulment para makasal kayo ng bagong partner mo.

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17 Re: Marriage legality on Sun Jun 04, 2017 5:27 pm

CMBA


Arresto Menor
Hi Atty,
Tanong ko lang po validity ng marriage kung hindi ito registered.. I am a Muslim. Nagpakasal po kami year 2011. Nakaalitan po ng asawa ko yung Imam na nagkasal sa amin. Until now wala kaming marriage certificate.. Thank you po sa pag sagot

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18 Re: Marriage legality on Mon Jun 05, 2017 12:39 pm

Jadis

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Reclusion Perpetua
The fact that your marriage is not registered will not affect the validity of the marriage. As long as the imam was authorized to celebrate the marriage, and you were legally capacitated to marry, and you had at least two witnesses of legal age and proper discernment, there is no problem.

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19 Re: Marriage legality on Tue Jun 13, 2017 12:10 pm

susiejane


Arresto Menor
Hi.
Ask ko lang po kung magkano ang usual na gastos pag civil marriage?
Thanks

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20 Re: Marriage legality on Tue Jun 13, 2017 12:53 pm

xtianjames


Reclusion Perpetua
check with the city hall where you plan to marry.

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