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Void? Help Please.

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1 Void? Help Please. on Fri Jun 24, 2011 11:01 am

dot123


Arresto Menor
Hi,

My friend needs help so I'm posting this for him. Here's the story:

Girl got pregnant so both of them decided to get married (civil wedding). Boy has connections inside the city hall so he just got the marriage contract, went home and signed the papers along with the girl. In short, no one officiated the marriage. Everything was pre-signed already.

Now, they both want to end the marriage.

Here's what I read on the 1987 Family Code Chapter 3:

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;

With that, I think the marriage is void for the beginning right?

Questions:

1. What are the steps needed to be done to legally end the "marriage"?

2. How much will the declaration of absolute nullity cost? (Attorneys fee, etc.) Please give a guestimate. Is it cheaper than annulment?

3. How long will the process take before the marriage is declared by the court as null and void?

4. He's planning to request a CENOMAR. If the result comes out as SINGLE, does it mean that he was never married in the first place and can finally move on without the need of declaration of absolute nullity from the court?

Thanks in advance.

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2 Re: Void? Help Please. on Fri Jun 24, 2011 10:49 pm

attyLLL


moderator
it's actually difficult to prove that no ceremony occurred because the law will presume regularity.

it depends on which lawyer you retain. a minimum of one year, and it depends if it is granted or the OSG will appeal it.

if it's negative, it just means it wasn't registered, but non-registration is not a basis for declaring a marriage void. if he marries, he still runs the possible risk of facing a bigamy charge.


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3 Re: Void? Help Please. on Fri Jun 24, 2011 11:26 pm

dot123


Arresto Menor
Boy and girl have made an amicable decision that they both want to separate. Will it help if both of them testifies or say to the court that no legally authorized official solemnized the wedding at all?

What's the best approach to this situation? - Without the need to pay a large sum for legal fees (200k-above) and of course, easier option.

They just want everything to be as easy as possible and girl tasked the boy to fix all the legal papers and she'll just cooperate. I pity both of them because they want to move on with their own lives but this piece of paper is preventing that from happening.

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4 Re: Void? Help Please. on Sat Jun 25, 2011 3:03 pm

attyLLL


moderator
this is an evidentiary issue. the problem with testimony is that it is self-serving. their mere say-so is not good enough. the cases i've seen where this worked was when it was shown that the supposed spouses were abroad.

was there an actual marriage license issued? see if there is a number indicated on the marriage contract.


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5 Re: Void? Help Please. Today at 4:51 pm

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