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Invalid Marriage

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1 Invalid Marriage on Wed Mar 23, 2011 1:10 am


Arresto Menor
Hello all, I have a unique problem that I would like advise on. I was married to my wife in April 2010 in IloIlo, upon my return to the U.S.A I learn that my divorce from a previous marriage did not officially finalize until 2 weeks after my marriage in the Philippines. My lawyer here in the US tells me that I need to remarry in the Philippines so that my current marriage will be valid. My question is this, should we remarry in the Philippines and since we are the same 2 persons,is it necessary to get an annullment for the first marriage? How long would it take? Can we just remarry and carry on with our lives without getting an anullment? If I get the marriage anulled here in the US would that be accepted in the Philippines?

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2 Re: Invalid Marriage on Wed Mar 23, 2011 1:58 am


one way to look at it is that your marriage is presumed to be valid until the contrary is proven in court.

if you want to go by the book, then you have to annul the first marriage on the basis of bigamy (didn't your embassy issue a statement that you have eligibility to marry?) then get married again.

the annulment in the USA, if based on bigamy, will be recognized here only after another court case here to prove the annulment proceedings existed.

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