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Badly need your advice about nullity of marriage

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xvhinz24x


Arresto Menor
Need your help po regarding the situation of my girlfriend. We are planning to get married but there is a problem:

She is already married to a guy (via secret marriage W/O license). After a month nalaman ng girlfriend ko that the guy already has a family, a wife and three children. Nagpakasal ang girlfriend ko in good faith na single yung guy. After knowing the truth, they had not been together for six years.

Will their marriage be considered void since the guy already has a family? Unfortunately, my girlfriend and the other guy's marriage was registered in NSO when I requested for CENOMAR of my girlfriend.

Ano po ba gagawin ko?

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xvhinz24x


Arresto Menor
My girlfriend is already pregnant and I really want to marry her and raise a family together. I hope you could help me on what to do.. thanks in advance!

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rchrd


moderator
their marriage is void under the law but a court must still declare that it is indeed void.

advice:
1. do not get married yet until the marriage of your "wife" is declared void by the court.
2. Your wife should file a case for annulment of her marriage with the first.
Alternative to no. 2, she can file a case for bigamy against the first man then, when the first man gets arrested and tries to settle the case amicably with your "wife", she can agree to desist from the criminal case if he provides for the expenses for the annulment of the marriage.
3. Love her always.

God bless the three of you. The third is your baby.

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xvhinz24x


Arresto Menor
Thanks for the advice Rchrd. There is another thing bugging my mind though. What if the "first man" is not married legally with his first wife (through civil or Church) and only living in with her and their children? Would it still be possible to file bigamy against that "first man" ??

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lOst_StuDent


Prision Correccional
If the man is not legally married with his "first" wife, his marriage with your girlfriend is valid and subsisting. I advise that your girlfriend have her marriage reviewed by a lawyer to look for other grounds for annulment. No marriage license is a possible ground for annulment.

Bigamy is no longer viable. Even concubinage, considering that your girlfriend is also liable to adultery since she is already pregnant.

Good luck.

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xvhinz24x


Arresto Menor
@lost_student: Ouchh.. it's sad to know that me and my girlfriend are in a complicated situation pala. Crying or Very sad All I am praying is that we get past this problem in time, for our upcoming baby. As per your advice, I think it would be best to consult with a lawyer about this. Thank you very much.

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While you can file a case of bigamy or concubinage (as the case may be) against the husband of your present wife, still,your wife cannot be considered an innocent spouse. Please remember, she can also be held liable for adultery especially now that the same is apparent as she is pregnant. Hence, I concur to the opinions of lost student.

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xvhinz24x


Arresto Menor
Is there any way to check if the guy is legally married to his first wife? I am afraid that guy will not be cooperative. He and his first wife live in Cagayan and my girlfriend is from Cavite.

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You can always go to the NSO to verify civil status of a person.

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xvhinz24x


Arresto Menor
Will NSO give me such documents (e.g. marriage cert) even though I have incomplete information? I don't know the name of the first wife, so I am not sure if NSO can produce the document. Crying or Very sad

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rchrd


moderator
Will NSO give me such documents (e.g. marriage cert) even though I have incomplete information? I don't know the name of the first wife, so I am not sure if NSO can produce the document. Crying or Very sad

Xvhinz24x :
My advice are as follows:
1. Do not worry so much based on pure assumption. You have to be sure that the other man was really married before he married your girl.
2. Your wife should go to the NSO and obtain a copy of their marriage with the son of a gun then ask at the same time if her son of a gun husband had a previous marriage. If that man had a previous marriage, the records will reveal whoever is the first woman (this way, you do not have to worry about the identity of that first woman).
3. If it turns out the bloody pirate was really married before he married your girl, your girl should immediately file a bigamy charge against the man. Your girl will not be included in the charge of bigamy because she is the victim.

4. If it turns out in your investigation with the NSO that your girl is the first wife of that man with children in Cagayan, the solutions will be different but that is not a problem as of the moment. Its not a problem so do not worry about that.

5. Technically, you and your girl could be charged criminally but since no one filed it, that is not yet your problem. The person who can charge you with adultery,if ever, is the offended spouse of your girl. That man would be very crazy to do that however so do not worry.

6. Do your best to assure your wife and your baby that you are doing the best for them. The stress based on unfounded worries is not good to your pregnant girl and the baby.

God bless.



Last edited by rchrd on Thu Jun 30, 2011 3:27 pm; edited 1 time in total (Reason for editing : spelling)

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lOst_StuDent


Prision Correccional
At rchrd, well said sir...

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