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petition to nullify a marriage

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1 petition to nullify a marriage on Thu Jul 21, 2011 12:41 am

jnv40


Arresto Menor
Hi!

I just wanted to ask regarding nullity of a marriage. I got married while I was still studying because the girl got pregnant. But, our marriage has been registered in the civil registrar even without attending a ceremony or a marriage rite solemnized by proper authority. What happened was someone had secured a marriage certificate for us and it was brought to our house so my wife, which was my gf that time, and I could sign it. in short, there was no ceremony at all. I just wanted to ask now if we can file a petition to declare it null and void since the two of us have been separated for long.

Thank you.

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2 Re: petition to nullify a marriage on Thu Jul 21, 2011 7:40 pm

attyLLL


moderator
yes, but proving that there was never a ceremony is difficult because of the strong legal presumption of the validity of marriage. is there a marriage license number indicated on the marriage certificate? is it registered at the nso?


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3 Re: petition to nullify a marriage on Wed Aug 03, 2011 8:27 am

jnv40


Arresto Menor
yes there was a marriage license and it was registered.

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4 Re: petition to nullify a marriage on Wed Aug 03, 2011 9:59 pm

attyLLL


moderator
see if there are other possible grounds: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property

otherwise you have to present clear and convincing evidence that no ceremony ever occurred


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5 Re: petition to nullify a marriage on Sun Aug 07, 2011 12:47 pm

jnv40


Arresto Menor
Hi...I read the link you suggested to me..but since I am not a lawyer I am having a hard time analyzing where among the grounds my situation falls. Pls enlighten me. And How do you think will I be able to prove otherwise that no ceremony was held? Pls give me examples of convincing evidence. Thank you.

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6 Re: petition to nullify a marriage on Sun Aug 07, 2011 12:58 pm

jnv40


Arresto Menor
just came across with this article in the family code.

Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a) Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

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7 Re: petition to nullify a marriage on Wed Aug 10, 2011 7:16 pm

attyLLL


moderator
it's like alibi, you have to prove that it was physically impossible for you to be there. one case I reviewed, the wedding stated it was at a particular restaurant so we were able to request the management to testify that there was no such event on that day.


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