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VOID marriages questions

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1 VOID marriages questions on Fri Dec 29, 2017 12:07 am

Redeemerofhate


Arresto Menor
Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53


Can anyone help elaborate on (5)

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2 Re: VOID marriages questions on Fri Dec 29, 2017 8:47 am

HrDude


Reclusion Perpetua
Example.

If the woman tells the guy that she is a princess with specific identity, incidents and properties, etc. but all are on the contrary and the guy married the woman. Marriage may be considered as void (subject to conditions). This implies that there is deceit involved.

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3 Re: VOID marriages questions on Fri Jan 12, 2018 6:53 am

Mayang02


Arresto Menor
Good morning po!may tanong po ako. Pa'no po pag ang girl ay nakasal na,but lately nalaman na yung birth certificate nya ay may mali?makokonsider po bang void na iyon?tapos nag abroad po sya din yung ginamit nyang name is iba po..ano pong action para dito?

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4 Re: VOID marriages questions on Fri Jan 12, 2018 6:54 am

Mayang02


Arresto Menor
..at salamat po

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5 Re: VOID marriages questions on Fri Jan 12, 2018 6:54 am

Mayang02


Arresto Menor
Pero may marriage contract po sila.

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6 Re: VOID marriages questions on Sat Jan 13, 2018 10:44 pm

attyLLL


moderator
no, that will not be a basis to consider their marriage void


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7 Re: VOID marriages questions on Sun Jan 14, 2018 5:11 am

Mayang02


Arresto Menor
Ok po..maraming salamat..tanong po ulit ako.
Pwede po ba mag apply ang lalaki ng annulment or any action para mapa walang bisa ang kasal nila?lalo na pareho na sila may iba ibang pamilya.separate sila physical pero sa papel kasal pa rin.may anak na din kasi yung babae sa ibang lalaki.may karapatan pa ba sya sa lalaki?ano po mangyayari pag ganito?salamat

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8 Re: VOID marriages questions on Sun Jan 14, 2018 9:27 pm

attyLLL


moderator
he can contact a lawyer so his situation can be evaluated


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9 Re: VOID marriages questions on Sun Jan 14, 2018 9:37 pm

Mayang02


Arresto Menor
Salamat pinoylawyer.org..more power!God bless!🙏

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10 Re: VOID marriages questions on Mon Jan 15, 2018 1:47 pm

Yati


Arresto Menor
Hi atty Good morning! How much na po expenses annulment sa pinas. And how many yrs to process. Thank you!

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11 Abandoned foreign spouse on Tue Jan 16, 2018 8:00 am

nabiville


Arresto Menor
So i am separated from a cheating husband for 3 years. He is in the army and ive been trying to ask him to get our divorced settled. His new fiancee replied to me clueless and now im waiting for them to send me the divorce papers.. im wondering what will happen next? Where should i start and what should i do? Also im a freelancer so my pay is not stable and only get money when projects come in.. what is my best option..? I seriously want to get away from all of these. Thank you

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12 Re: VOID marriages questions on Tue Jan 16, 2018 12:14 pm

xtianjames


Reclusion Perpetua
@Yati
depende sa abogado na kukunin mo. pwedeng abutin ng 2 years pataas yung process.

@nabiville
if your a Filipino, unfortunately your option is only to wait for him to divorce you (if he is a foreigner) or file for annulment if your case has grounds for it.

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13 Re: VOID marriages questions on Tue Jan 16, 2018 7:31 pm

attyLLL


moderator
naibiville, after the divorce is granted. you will need to have the decision recognized here through a court petition


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14 Re: VOID marriages questions on Thu Jan 25, 2018 2:32 am

Yati


Arresto Menor
Hi atty ask ko lng po yung bf ko 21 yrs na sila separated my 1 child sila NSA mother ng babae lumaki ang bata at sya lng sumusustento sa kanilang anak. Yung babae nag asawa na at my 5 kids na. Pag magpakasal ba kami ng bf ko ok lng kaya yun. Db automatic null ang void ang marriage nla? Sa judge sila nagpakasal noon. Or magpagawa nlng sya ng legally separated sa lawyer na my sign and seal. Pede Kya ihonor ng canadian immigration kc kukunin ko sya dto sa canada. At dto nlng kmi magpakasal. Thank you for ur response.

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15 Re: VOID marriages questions on Fri Jan 26, 2018 6:42 am

attyLLL


moderator
Yati, if your BF was previously married, it will appear in the Report of Marriage when you apply for CENOMAR.


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