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no marriage license

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1 no marriage license on Sun May 29, 2011 2:19 am

ddh_4


Arresto Menor
Is it possible that a marriage is registered with NSO w/o any marriage license?

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2 Re: no marriage license on Mon May 30, 2011 12:01 pm

TiagoMontiero


Prision Correccional
yes there is a possibility considering that tons of marriage certificates are forwarded to NSO by the civil registrars, so some staff might inadvertently register marriage certificates without indicated marriage license, that is why it is the duty of the solemnizing officer to see to it that there was a marriage license before he solemnize a marriage and that he properly indicated in the marriage certificate the marriage license number.

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3 Re: no marriage license on Mon May 30, 2011 9:55 pm

ddh_4


Arresto Menor
So, if a record of marriage shows in NSO and it had been found that it has no marriage license, will the marriage be considered null and void? Or the marriage truly exist? Could this be used as a reason to get an annulment?

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4 Re: no marriage license on Tue May 31, 2011 11:06 am

TiagoMontiero


Prision Correccional
^absence of a mariage license renders the marriage null and void, and yes, such absence is a ground for declaration of nullity of marriage, BUT mere absence of a marriage license number in the marriage certificate and NSO is only a disputable presumption that there was absence of marriage license during the celebration of the marriage. Take note that the other party or even the State (Government) may present evidence that there was a marriage license issued to the parties prior and during the celebration of the marriage which was not indicated in the Marriage Certificate due to inadvertence, the other parties / State can prove it by means of certification from the civil registrar that there was indeed a marriage license issued to the parties. Nonetheless, as long as there is no proof of existence of marriage license, the absence of a marriage license number in the marriage certificate will suffice to prove the the absence of a marriage license during the petition to declare the nullity of marriage.

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5 Re: no marriage license on Tue May 31, 2011 2:13 pm

ddh_4


Arresto Menor
If marriage license is really absent not just a ML number, marriage can be considered nulled as what I understood on your previous statement ( I stand corrected if I a wrong ) and if this is so the case, and if a marriage license did not really occur tho a marriage certificate is present in NSO record, will this be a strong ground to get annulled? What if the couple had stayed together for a certain years time and even had a child. Will this not affect the annulment case? or will they still consider marriage as null and void?

And also, In case of OFW who can't really attend the hearing, will it be possible to secure request to the court to have the hearings for annulment be completed in one month time?

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6 Re: no marriage license on Thu Jun 02, 2011 1:19 am

TiagoMontiero


Prision Correccional
since you don't have marriage license during the celebration of marriage, then your marriage is void from the begining, thus, regardless of the duration of your marriage, you can still file a petition to declare your marriage null and void.

1 month is too short, if you are an OFW, it is advisable to execute special power of attorney (spa) in favor of your lawyer giving him auhthority to continue with your case.

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7 Re: no marriage license Today at 2:54 pm

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