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Legal Advice: Nullity of Marriage or Annulment case

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26 How did ever get to this point? on Thu Jan 19, 2012 9:35 pm

rawsushi


Arresto Menor
Hello Attorney LL,

I hope you can enlighten me with my problem.

My boyfriend who was 24 and i was 20 years of age back in 1999, got "married" in the manila city hall. ( hustled by some fixers to get easy marriage by paying 800 pesos.) His mother wanted us to be married if we plan to live together, i guess at that time i thought it was romantic so i grabbed the bait. I'm taking full responsibility of what happened to me back then.

There was no marriage liscence, we forged the people who witnessed, noone was there, there was no wedding ring,no ceremony. I remembered from this so called councilor that he will have it registered in General Trias Cavite.

After a year of being together, we broke up. No children in that marriage. We just drifted apart and we don't bother getting in touch anymore. Haven't heard from each other ever since that day i left the house.

Presently,i'm applying for a fiancee visa to the US and a CENOMAR is one of the requirements. I still have yet to see my CENOMAR, i just have the jitters,i just ordered it and i will receive it on the 31st of this month.

Attorney LL, how long is the process for a marriage to be void? if i have all the evidences at hand, i believe mine has to be void somehow. I have no contact with this guy. Nothing. He probably is married right now.


If i know a Judge at the Manila Trial Court ( the same place where we have that so called marriage thing), can she help me with this case? Can she expedite the whole thing?


I have read your previous posts on the grounds on having the marriage void, it had been very helpful. Thank for posting them.

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attyLLL


moderator
see first if your marriage was registered, and if there was a marriage license. it is not easy to prove that there was no ceremony; it is presumed that there was one, and your bare word won't be enough to overcome the presumption.


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rawsushi


Arresto Menor
Thank you for your reply.

I'm still waiting for my CENOMAR and hopefully it won't show.

I have tried to get in touch with my EX, i tried the social networking sites but he doesn't respond to my letter or even tried calling me in reference to this case.

ATTY LL, what would be the next step for me?

Next is, if i had it done and overwith, would it immediately reflect that my marriage is void on the CENOMAR after a month i'm done with this case?

Thank you so much for your help

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IM


Arresto Menor
My husband and his current live-in partner are the ones processing and paying for our annulment case. My husband and I are no longer talking for over 5 years now, he only relay all his messages through my daughter or my parents. One of his and his live-in partner's condition is for me not to attend any court proceedings, para daw maging in default ako. I don't even know if there had already been a decision regarding our annulment since I do not even ask for updates, and para matapos na din at ayoko na din ng gulo.. may I ask, will there be any legal implications if ever there will be a final court ruling on this matter?,what will be my rights in terms of my daughter and our properties?..

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attyLLL


moderator
raw, let's wait for your cenomar first.

IM, if you don't participate, then you have no knowledge as to what happens to your daughter and properties.


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IM


Arresto Menor
if ma-grant po ba ung annulment namin, will the court be sending me advise thru mail?...ayoko po mag-appear sa hearing kasi nabasa ko na dati pa yung ifinile nilang grounds para sa annulment..and for sure, di ko kakayanin kapag narinig ko lahat un sa court dahil ang daming nabago sa istorya, as in napakasama at napakaduming babae ko dun sa statement nila...and just because i really wanted to have that annulment be over, di na ako kumikibo because i really want him out of my life.

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xyrhayn


Arresto Menor
hi atty.ask ko lang po if may bisa po ba ang kasal namin ng asawa ko we got married 2001.im 18 ang he is 20.may marraige contract po kami...ang pamilya niya at ang kabit niya nagsasabi n hindi daw tunay ang kasal namin...sinasabi pa niya na nagpakasal daw sila ng asawa ko at may anak na...hiwalay po kami ng asawa ko for 2 years na pero walang formality.naguusap parin kami at hindi niya naman inaamin n may kabit xa at mahal daw niya kami..pero hindi din xa nasusuporta samin..gusto ko n din sana makipaghiwalay dahuil ilang beses narin niya me niloko..ano po bah ang dapat kung gawin...at may habol po bah ako kung sakali sampahan ko sila ng kaso?can i used the text as evedence....pls reply soon....kelangan ko po talagang malamn..

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ATTY.Ikinasal po ako nun 2004..6 yrs.n po kami hiwalay ng asawa ko.my kinakasama n po ako ngaun at gusto nya makasal kami.mawawalan po ba ng bisa ung kasal namin ng dati kong asawa?o kelangan pang magpa annul muna?

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Anne Lozada


Arresto Menor
How can I spot fake annulment papers? Thank you.

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attyLLL


moderator
IM, yes but only if the court knows your correct address

xyrahyn, is the marriage registered in the NSO?

marinaygina, your marriage remains valid

anne, get a copy of the marriage contract if the annulment is inscribed there


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rawsushi


Arresto Menor
Hi Attorney

Sorry for the late reply, I just received my CENOMAR and Yes, it indicated there that i was married with my ex on 1998, i was 21 at that time. It says that the marriage took place in Tondo Manila. Attorney i have never been to Tondo.

I have sent letters already to my ex,still doesn't respond. I was told that the process of getting an annullment in the provincial area is much faster than in Manila, is that true?

RawSushi

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raffy


Arresto Menor
ANG KAPATID KO POH NA BABAE AY GUSTO NG MAKIPAGHIWALAY SA KANYANG ASAWA,AT MAY 5 ANAK SILA NGAYUN.ANG TANONG KO POH AY MAY KARAPATAN BA NA BAGUHIN YUNG NAME NG KAPATID KO FROM MARRIED TO SINGLE STATUS ???

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xyrhayn


Arresto Menor
atty our marriege is regesterd in nso i have the copy of it.

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xyrhayn


Arresto Menor
atty do i have grounds to file concubinage?or how can i file for support for our 3 kids....

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40 Legal advice on Sat Feb 04, 2012 2:16 am

biancaboy


Arresto Menor
Hi Atty. Good day! My situation is similar to Chris' case, but on my end, I got married when I was 19, my wife then was 21. I got her pregnant and we were told that my son could not use my last name if we are not married. So we, (my wife and I) together with my mother went to Pasay City hall to do something about it. we just signed a paper, I'm not sure if that was a marriage certificate or what but the address that I placed there was an address in bulacan where in I'm from Makati. There was no solemnizing officer or any witness there was no ceremony, we only signed the paper so that my son can use my last name. We know that we can't be legally married because she was already married to another guy. later on, my "wife" cheated, she left me and my son and I don't have any idea where did she go. Last time I heard, she was in singapore with another guy and they already have a family. It has been 8 years since she left. Now that I want to re-marry, I was surprised that we found out that there is a marriage certificate registered in NSO under my name. on the CENOMAR that I requested I did not saw any license number. How can we go about this Atty? Should I file for annulment or declaration of nullity of marriage since it was void from the start? I would really appreciate your response. Thank you.

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attyLLL


moderator
raw, the rules state that you should file your petition where you reside for at least 6 mos prior to filing.

raffy, only after annulment proceedings

xrahyn, then the marriage is presumed to be valid. if they married again, get a copy of their marriage contract and you can file a bigamy case against them. you can also file a case of economic abuse under ra 9262

biancaboy, begin with getting a copy of the marriage certificate


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kiko


Arresto Menor
ATTY.
GUD EVENING, IM MARRIED LAST 2001. I HAVE 2 KIDS. NOW, IM HERE AT OTHER COUNTRY ARRIVED LAST 2008.DUE TOO PERSONAL REASON, I AND MY WIFE HAVE DECICED TO LIVE SEPERATELY IN VERBAL THROUGH NET.SHE AGREED.WE GOT SEPERATE WITHOUT ANY COPY OF WRITTEN DOCUMENT WITH SIGNATURE DUE TO THE FACT THAT IM HERE ABROAD.
NOW, SHE ALSO WENT THROUGH OTHER COUNTRY.
CAN I, OR HOW CAN I FILE AN ANNULLMENT WHEN I GO BACK TO PHILLIPINES AND SHE STILL ON THE OTHER COUNTRY.HOW MUCH THE ESTIMATE COST COULD I EXPENSE. THANKYOU AND MORE POWER.

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rudyf


Arresto Menor
atty.ako po ay kasal sa aking asawa.at kami ay may 2 anak.8 taonna pokaming hiwalay ng aking asawa sa kadahilanangsiya ay nangaliwa habang ako ay nagtatrabaho bilang OFW sa bansang brunie.ang msakit po ay ang kianakasama nya ngayun ay ang ninong aking anak.sila po ay maroon nang anak ngayun.ang akin pong mga anak ay nasa sa kanyang pangangalaga.ako ngayun ay nanditu sa SAUDI.hindi na po ako nag demanda laban sa aking asawa at sa kanyang kinakasama.dahil naaawa po ako sa mga bata kung makukulong ang kanilang ina.8 taon na po kaming hiwalay ng aking asawa at walang legal na usapan sa barangay.sapagkat ng kami ay magkahiwalay ay ayaw na nya na magharap kami.

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rudyf


Arresto Menor
atty.ako po ay may kasintahan ngayun at gusto nya na pakasalan ko sya.mahal na mahal ko po siya.8 taon na po ako nagtiis ng walang kasama o asawa.anu po ba ang dapat kong gawin para maging legal ang pagsasama namin ng aking kasintahan kapag ako ay umuwi ng pinas?humihingi po ako ng advice sa inyu.
rudy francisco ng riyadh K.S.A

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biancaboy


Arresto Menor
Hi Atty. I have a copy of the marriage certificate, what should I do/ thank you so much.

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xyrhayn


Arresto Menor
talaga poh?pwede ko po ba sabihin sa nso na kukuha ako ng marraige contract ng asawa ko to other woman?san ko po ba i file yung case since ako po ay nasa bacolod at xa po ay sa cavite....

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hanna centeno


Arresto Menor
kinasal ako nung 2003 at nakakuha ako ng NSO marriage certificate,pero ung husband kinasal sya nung 1965 isa syang us citezen..maari bang maging null and void ang kasal namin ?

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hanna centeno


Arresto Menor
nung maging US citezen sya nag palit sya ng name kunwari ang name nya JUAN MIGUEL MARQUEZ inalis po nya UNG JUAN kaya miguel marquez nalang po..ung miguel marquez ang ginamit nya nung kasal namin nung 2003

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HINDI KO PO ALAM KUNG NAREGISTERED SA NSO UN KASAL NAMIN.MAHAL PO BA ANG MAGPA ANNUL?CHURCH CEREMONY PO GINANAP ANG KASAL.

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attyLLL


moderator


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