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Legal Advice: Nullity of Marriage or Annulment case

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ChrisNes20


Arresto Menor
Ask for advice about my case...

My ex-wife and I got married on May 14, 2003.We haven't secure a marriage license during the event.The ceremony was held in Manila City hall but the registration of marriage were filed in San Juan. Most of the info and witnesses (dummy signatures) were not real (only my sister in law attended the event serving as a proxy witness).She's 22(ex-wife) and mentioned in contract that have consent with my in-laws which is not true.
NSO have a copy of the marriage certificate with a license number indicated on it and registered under San Juan Civil registry....

can i file for Nullity of Marriage or Annulment case now that our marriage life is totally messed up.

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attyLLL


moderator
this is the 2nd time the same modus involved the San Juan Civil Registry. Can you get documentary proof when the ceremony was actually held?

go to the San Juan Civil Registrar and request for a copy of the application for marriage license, and the license itself. see when it was filed.

how old are you and she now? if not yet 26, then the absence of parental consent/advice can still apply.


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ChrisNes20


Arresto Menor
good day attyLL! i'm going 34 yrs old and she's going 29 this year.

She's 22 and i'm 27 when we got married...

is my case under Nullity of Marriage or Annulment?

Again, thank you for you kind response.

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Dianne


Arresto Menor
Hi, I was married when i was 18, that was May 30, 2005, it's kinda compulsory on my part, me and my parents are not in good terms that time, there was no parents consent, only my grandma's consent. It should be approved by the officer inside the Municipal Hall, kaso po niloko ng father ng baby ko ung nagaasist mdyo pagod kaya naapproved.

I can still file for Null and Void, right? And may i know how much that cost?

Thanks.

Dianne

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ChrisNes20


Arresto Menor
A follow up attyLL, if my marriage will be null and void, what is the possible effect on my kids? are they considered illegitimate?

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attyLLL


moderator
chris, if you can prove that the marriage was conducted without a marriage license at that time, then the marriage was void from the beginning. declaration of nullity. if this is the ground, the children become illegitimate.

note you can (and should) assert multiple grounds; if for psychological incapacity, then the children will remain legitimate. it's too late to assert lack of parental advice or consent.


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attyLLL


moderator
dianne, what do you mean by this?
It should be approved by the officer inside the Municipal Hall, kaso po niloko ng father ng baby ko ung nagaasist mdyo pagod kaya naapproved.

i recommend you have your marital docs and history reviewed by a legal professional to see if there is a ground for annulment. absence of parental consent can be asserted before age 26


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ennaid


Arresto Menor
Hi Atty. I have the same case as Chris. We got married in Manila City Hall last Oct 3, 2006. We're both from cavite, and no one from us is residing in Manila. When we got married I'm only 19 and he's 21. Both of our parents didn't know that we got married. until now, no one in my family knows it, well except for my mom. Nung kinasal kami, di kami nagsama as husband and wife. Nagpakasal lang kami. Ewan ko ba kung bakit ako pumayag, siguro mahal ko lang talaga sya nuon. Now, when i checked it sa nso, nakaregister. And ang kasal namin is nakaregister sa San Juan Municipality eh sa Manila City Hall kami kinasal, how come na dun kami nakaregister? I went to San Juan to check it, they gave me a copy of my marriage license, pero walang register number, ang sabi nila sakin, babalikan daw nila ko and hahalungkatin daw nila yung registry number ng marriage license ko, pero until now di padin nila ko binabalikan. Just want to know if it is possible na null yung kasal ko? Btw Atty, our witnesses are just our friends, ang pumirma din sa guardian ko is only my bestfriend. Wala kaming parents consent nung kinasal kami, and dinaya nya yung pirma ng mommy nya dun sa marriage license namin, pinauwi kasi sa kanya yung paper bago kami ikasal. Now, i want my marriage to be null and void. I mean null and void from the start, pwede po ba yun sa case ko? Please help me Atty, need your advise. Thanks and more power.

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ennaid


Arresto Menor
ay mali po pala, we got married last Oct 8, 2003

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attyLLL


moderator
it's too late to ask for annulment based on lack of parental consent. that can be done only until you reach 26 years old.

hopefully, you'll be able to prove there was no valid marriage license. if not, here are the other grounds:

http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property


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ennaid


Arresto Menor
Thanks for the response AttyLLL. Follow up question po, san ko po ba pwede macheck kung yung nagkasal samin na minister eh registered na magkasal? kasi sinearch ko po yung name nya sa internet, then lumabas po yung site ng nso census na mga solemnizing officer, ang lumabas po na registry effectivity nya ay from 1999 - 2001 ang sumunod po na renewal nya 2004 - 2006 at ang sumunod po na dun ay 2010 - 2012. Kinasal po kami ng 2003 na year, is it posibble po ba na null and void ang kasal namin? since expired na yung licensed nya nung kinasal nya kami. San ko po ba pwede macheck yung licensed nung minister na nagkasal samin? lahat po ba ng solemnizing officer ay recorded sa nso census kapag nagrerenew sila ng license? thanks po.

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shynmae


Arresto Menor
..Sir, when i was 25 years old, i signed a marriage contract before the day of mass wedding. however on the day of marriage i change my mind at ayoko na ituloy. kaya lang po bakit may copy sa NSO pero po walang married license no. Pd po ba ako mag file ng nullity of marriage? Ano po ba gagawin ko kasi po this time i want to marry with other man.

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attyLLL


moderator
ennaid, you can request for a copy of your marriage contract from nso.

shynmae, did you go through with the ceremony? you will have to file a petition to declare your marriage void.


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drewburn69


Arresto Menor
atty.im married imy problem is i want to be legally seperated to my wife since we dont have a child,the problem is my wie dont agrre for seperation i want to marry another girl is theres a threat or something that i have to worry since my wife keeps or claiming her rights?is theres something i can do so i can be free to marry again.

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attyLLL


moderator
you can be charged with psychological violence due to repeated marital infidelity. your marriage is valid until it is dissolved by the court. not having a child is not a ground.

here are the grounds: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property


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shynmae


Arresto Menor
attyLLL wrote:ennaid, you can request for a copy of your marriage contract from nso.

shynmae, did you go through with the ceremony? you will have to file a petition to declare your marriage void.

Good morning Sir,
thanks you for your reply....
the only thing i did i signed a marriage contract i think its a week before the mass wedding and that's all. yes i got a copy from NSO a "CENOMAR" stated as "most likely matched" and with the "marriage contract" - there's an x - have not entered into married settlement and there's no Marriage License number with one witness signed.

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attyLLL


moderator
is there a reason cited for not having a marriage license? look at the options which state articulo mortis, live 100 kms away, lived 5 years together


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pamyrb


Arresto Menor
gud day atty...same problem kmi nung unang sendr mo..we both my ex wife and me got married sa manila city hall and register under sanjuan...im 27 and shes 21 that time..pero legal lahat kse nakapirma parents nya sa consent of parent at my 2 witness kmi na kasama ko sa barko...ask ko lng po if pwede i null po yun kse sa manila cityhall kmi nagpakasal per sa sanjuan nakarehistro?salamat po,sana masagot nyo tanung ko..

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19 NULL or VOID on Mon Jan 09, 2012 4:08 am

charis0218


Arresto Menor
Greetings!
Sir, gusto ko po pong malaman kung null and void po ba ang kasal ko. Pinakasal po kasi ako noon ng magulang ko sa ex -wife ko nung mga 16 y/o pa lang po kami parehas. Sa marriage license po ay iniba nila ang date of birth namin. At habang magasawa po kami ay nabuntis po ng ibang lalaki ang asawa ko habang ako po ay nasa ibang bansa at nag ta-trabaho. Ang tanong ko po ay kung null and void po ba ang aking kasal at kung kailangan ko pa po ba itong i file sa court o pwede nap o ako ulit magpakasal sa gf ko. Sana po ay mabigyan nyo po ako ng kalinawan at tulong.

salamat po!
aj



Last edited by charis0218 on Mon Jan 09, 2012 4:10 am; edited 1 time in total (Reason for editing : typo-error)

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law1976


Arresto Menor
I got married last 2003. My husband was the one processed everything for our marriage. In 2011, I found out that my husband failed to secure a marriage license. We got married under Art. 34 of Family Code, exempt in securing a marriage license, that we are living for five years under one roof as husband and wife. But the fact was we've met only on 2002. From this it's impossible for us to live under one roof of five years before 2003.
Can I apply for a nullity of marriage?
Thank you so much of giving a time for this matter.

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attyLLL


moderator
pam, is there a marriage license number indicated?

charis, if you were married after 1986, the marriage is void.

law, yes.


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pamyrb


Arresto Menor
merun po ayun dun sa nakuha namin record ngaling nso po...anu po ba gounds marecommend nyo para ma anull kaslal namin?

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attyLLL


moderator
pam, venue is an irregularity but will not cause invaldity of your marriage. search 'grounds for annulment' in the forum : http://www.google.com/url?q=http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property&sa=U&ei=6TcST76CC8KImQXt5pmBCg&ved=0CAQQFjAA&client=internal-uds-cse&usg=AFQjCNH-RfPUr-hrtifnkWk7rwIMCw1vwQ


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Gucci718


Arresto Menor
Good afternoon Atty.

- i got married 2009 (legal age)at the Quezon City Hall but decided not to register it at the NSO
- we can no longer find the certificate
- we both have our new partners
- we're planning to have our marriage annulled because we want to live different lives

What do we need to start the annulment process please?
Thank you.

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attyLLL


moderator
registration is not a basis for validity, but see here the grounds: http://www.google.com/url?q=http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property&sa=U&ei=6TcST76CC8KImQXt5pmBCg&ved=0CAQQFjAA&client=internal-uds-cse&usg=AFQjCNH-RfPUr-hrtifnkWk7rwIMCw1vwQ


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