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validity of marriage

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1 validity of marriage on Wed Jun 29, 2011 11:01 am

amalthea


Arresto Menor
Good day! I want to ask is it a ground for annulment if you were married without a license? We were married without securing marriage license. Just before the ceremony took place, the judge talked to us and asked if how long we have been living together and forego to wed us when we told her that we are living as husband and wife for more than 10 years. However, I read in an article that we should have it stated in an affidavit where the officiating judge would sign. In our marriage certificate it was stated there that we are married according to art. 34. I would like to ask if our marriage is valid/void with regards to our case. Thanks...
Another thing is, I would like to know if you are married here in the Philippines, does it apply internationally? What if he enters US with a single status?

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2 Re: validity of marriage on Thu Jun 30, 2011 4:40 pm

attyLLL


moderator
were you really living together for more than 10 years as husband and wife? or at least 5 years?

until it is declared void by a court, your marriage is valid everywhere.


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3 Re: validity of marriage on Thu Jun 30, 2011 10:03 pm

amalthea


Arresto Menor
we are living together for almost 10 years before we have the civil wedding. Is it valid then, even without securing the necessary license etc..?
If our marriage is valid even in other countries, then can I file a marital infidelity case to my husband who is in the US?

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4 Re: validity of marriage on Fri Jul 01, 2011 11:00 am

lOst_StuDent


Prision Correccional
Your marriage is subsisting and you have the right as the legal wife. You can initiate action against your husband.

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5 Re: validity of marriage on Fri Jul 01, 2011 8:01 pm

amalthea


Arresto Menor
A friend told me that it is not possible to file a case against my husband since he is in a foreign land and our laws does not apply there.
I want to file a marital infidelity because I had found out that he is having an affair there and he is neglecting his obligations to his children here. What are my chances if possible?

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6 Re: validity of marriage on Fri Jul 01, 2011 8:44 pm

lOst_StuDent


Prision Correccional
If the infidelity occurred abroad, our courts have no jurisdiction. Pero kung dito nangyari, you can file a complaint against him kahit nasa abroad sya.

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7 Re: validity of marriage on Fri Jul 01, 2011 11:26 pm

amalthea


Arresto Menor
If I may go back to my previous question regarding validity of marriage. I read the family code art 34, it is stated there that an affidavit should be made between the contracting parties stating the facts about the living together for number of years. Does it mean that what was stated regarding affidavit is not really necessary as long as the judge signed the marriage contract and will not affect in any way? Then why is it stated there? Can the absence of that affidavit can be used as grounds for nullity of marriage? Enlighten me please...

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8 Re: validity of marriage on Sat Jul 02, 2011 2:01 pm

attyLLL


moderator
it will be considered an irregularity if you did not issue the affidavit, but not a basis to declare the marriage void.


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floral*2011


Arresto Menor
my bf , american citizen for 6 yrs got married in the philippines last year with a filipina. my bf did not stated that he was american. so according to him, his lawyer said their marriage wa sfake since there was falsification of documents. now he intends to marry me. i am filipina as well and i love this guy. is it ok to married this american who had a "fake" wedding before? how secure will my marrige be? pls help me

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10 Re: validity of marriage on Sat Jul 02, 2011 3:49 pm

amalthea


Arresto Menor
I would like to ask if it is possible that you can be married in the US when you have a previous marriage here considering you entered as single status. Also, a friend of mine there told me, that you could even have your marriage here be divorced there. Is this true?

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11 Re: validity of marriage on Sun Jul 03, 2011 8:31 am

lOst_StuDent


Prision Correccional
Floral,

Where are you going to get married, in the Philippines or abroad? If I were you, I will have your bf divorce or nullify his previous marriage before getting married to him. His first marriage is still valid here. To be safe, let him fix it first.

Amathea,
If your previous marriage is subsisting, you shouldn't contract a second marriage whether or not it is possible. yes, you may have your marriage here divorce there. but for as long as you are filipino, your status shall remain the same here.

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12 Re: validity of marriage on Mon Jul 04, 2011 9:04 pm

myinitials2011


Arresto Menor
Just wanted to ask when I got married we didnt secure any marriage license, we didnt even attended any seminar for that. They have asked me to sign a form stating that we are together for more that 5 years already and that time I was only 21. When I checked the record in the NSO I was told that it was registered because they have attached a marriage license. But in the marriage contract itself, we dont have.

His family was the one who arrange the marriage we got married from their province but different barrio because the Mayor in their barrio will not allow us to get married since I have not secured a consent from my parents. They have a relative in the municipality where we got married and he was the one who arranged everything.

Now he has 2 children with 2 different woman, he left us when I was 7 months pregnant with my 2nd child and after the separation he never did support us.

Just wanted to know how can I have our marriage dissolve.

Thanks

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13 Re: validity of marriage on Tue Jul 05, 2011 4:49 pm

attyLLL


moderator
myinitials, on the marriage contract itself, does it say you were married due to article 34 or there is a marriage license number?

what is this marriage license attached? is it dated before or after the marriage?


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14 Re: validity of marriage on Tue Jul 05, 2011 7:01 pm

myinitials2011


Arresto Menor
In the marriage contract itself nothing is written there for article 34 nor marriage license number it was blank.

They said that there was an attachment, they have attached a marriage license. I have not seen that because when I am requesting for a copy they will only give the marriage contract copy itself. I have not seen that marriage license that has been attached.

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15 Re: validity of marriage on Thu Jul 07, 2011 12:21 am

attyLLL


moderator
you have to go to where the marriage was conducted and inquire if a marriage license was issued.

who is saying there was an attachment?


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16 Re: validity of marriage on Thu Jul 07, 2011 12:42 pm

myinitials2011


Arresto Menor
I have asked somebody to get that copy for me from NSO and see why it was registered as my parents have told me that my marriage is void from the beginning because I have not secured a marriage license and their consent is not there too.

When she went and check in the NSO they have told here that there was an attachment in the file for the marriage license. But she was not able to get the details as they are only issuing the marriage contract itself.

Right now I am working abroad, probably I will have to ask someone to do that for me.

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17 question lang po about nullity of marriage on Thu Jul 07, 2011 11:41 pm

concernemployee


Arresto Menor
Nagpakasal po ako sa isang pinoy na nakatira sa US for 6 years marriage hindi po kami nagsama at nagkaanak. Matapos po ang kasal namin bumalik na po sya sa US at minsanan pong umuwi. Sa Loob ng 6 na taon mga 2 buwan total lang po na magkakaibang taon kami nagkasama. Maari po bang maging null and void ang marriage namin. Ano po ang dapat kung gawin kasi wala na naman din po kaming communication. Tnx.

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18 Re: validity of marriage on Fri Jul 08, 2011 9:07 am

lOst_StuDent


Prision Correccional
concernemployee,

Your marriage is valid. Your facts do not show any ground for nullity or annulment. what you need to do is have your marriage history reviewed by a lawyer for possible grounds. good luck!

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19 Re: validity of marriage on Mon Jul 11, 2011 1:24 pm

myinitials2011


Arresto Menor
I have asked someone before to request the copy from NSO and she told me that there was a copy and they have attached a marriage license to it. But my doubt was that they are not giving the copy of that marriage license upon requesting.

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20 Re: validity of marriage Today at 1:50 pm

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