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Void or voidable?

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1 Void or voidable? on Wed Feb 23, 2011 9:29 pm

browsertech


Arresto Menor
Good day po,

I would like to find out po sana the validity of my current bf's marriage. He says that they were married when he was 22 and the girl was 19, without parental consent nor a marriage license (I guess these were the times na uso yung "secret marriage"). They were only together for a few months and has not been in contact with the girl for 7 years. I find it difficult to talk to him straight about this without appearing to be nagging. Since a CENOMAR is supposed to be public record, would it be possible for me to get this on his behalf? If so, should it turn out to be negative, then that means they were not really married right? and if it's positive, then that should prompt him to file for a declaration of nullity?

Thank you in advance.

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2 Re: Void or voidable? on Thu Feb 24, 2011 7:10 pm

attyLLL


moderator
you can ask for a cenomar even without his consent.

if there was no marriage license then that may be a basis for a declaration of nullity. if he is not yet 26, then the lack of consent or advice can also be basis.


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3 Re: Void or voidable? on Thu Feb 24, 2011 7:16 pm

browsertech


Arresto Menor
Thank you again atty. for your reply. Yes, I already filed a request for cenomar on his behalf, I guess I will just have to wait and see of what comes out of it. He's 30 now and the girl I think is definitely 26 or older.

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4 Re: Void or voidable? on Fri Feb 25, 2011 12:15 pm

fox29


Arresto Menor
pano po sisimulan process ng declaration of nullity? ang kapatid ko po kasi ay ikinasal when he was 17 pero nag declare na 24 sya nun sa local marriage cert. pero sa NSO, na-isyuhan naman sya ng cenomar (gamit ang totoong birthday nya). salamat po.

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5 Re: Void or voidable? on Fri Feb 25, 2011 12:39 pm

browsertech


Arresto Menor
Yes, that was supposed to be my next question. Smile

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6 Re: Void or voidable? on Sat Feb 26, 2011 5:56 pm

attyLLL


moderator
you should retain a lawyer to prepare your petition.


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7 Re: Void or voidable? on Mon Feb 28, 2011 12:20 pm

fox29


Arresto Menor
thanks po. nagbabalak na po kasi sya pakasal and gusto nya i-skip ang petition since wala naman sya NSO record...

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8 Re: Void or voidable? on Tue Mar 01, 2011 4:45 pm

attyLLL


moderator
fox29, while he may do so, he can be vulnerable to a charge of bigamy.


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9 Re: Void or voidable? Today at 10:36 pm

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