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Legitimacy of my children after void ab initio and re-married again with same partner.

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agui


Arresto Menor
Good day!

We already filed our petition for nullity of our marriage because it was void from the beginning. We got married when my wife is still 17 but on our marriage certificate she was 18 years old (somebody do it to proceed our wedding).

Our plan is after the case of nullity, we want to re-married again so that our married become legal. My question is what is the status of my 2 children? are they legitimate or become illegitimate? On their birth certificate we put our date of marriage in there. If they become illegitimate what action we need to do so that they become legitimate? Somebody told us that when we get re-married again our children become legitimate again. is that true?

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attyLLL


moderator
you're really going the extra mile to validate your marriage. i would've said leave it alone because only you or she can question the marriage.

the family code states Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

i'm not aware of any case that has decided this. technically, you were disqualified to marry because of the age, but i would argue that this was not the kind of impediment that the law contemplated.

if your petition is granted, your children will become illegit. once you remarry, i would argue that they should be considered legitimated.


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agui


Arresto Menor
Thank You Attorney!

Sir we gone this far because we have encountered some problems when we tried to renew our vows in the church they question the date of birth of my wife in the marriage certificate and in the NSO birth certificate. Also, when she tried to file for the licensure examination they question also the discrepancy in the BC and MC. Now, we are applying for family migration in Canada and we are worried that they may question again the discrepancy that is why we decided to file the petition for nullity of our marriage.

So did you mean that our children does not have a chance to become legitimate?

I read some articles, they said illegitimate children can be legitimized by subsequent marriage. What does it mean?

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attyLLL


moderator
the family code states Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

i'm not aware of any case that has decided this. technically, you were disqualified to marry because of the age, but i would argue that this was not the kind of impediment that the law contemplated.

if your petition is granted, your children will become illegit. once you remarry, i would argue that they should be considered legitimated.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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agui


Arresto Menor
Thank You for your help.

How about my second child he was born when I am already 27 and my wife is 24. We are not disqualified by any impediment to marry each other that time, so he will be legitimated? is that right?

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attyLLL


moderator
yes, he should be legitimated without any problem. I also believe your first child should be legitimated. good luck.


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agui


Arresto Menor
Thank You very much Attorney. I really appreciated your kindness.

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cherryblossom_88


Arresto Menor
good day agui!

i hope you have solved your problem...

i'm having the same problem like you did, our marriage is void too because of faking my birthcert., i was also 17yrs. old when we got married...

i was wondering, if you wouldn't mind...

how long does your petition of nullity of your marriage processed?

and how much does it cost you?

we don't have any idea pa, kasi recently lang din namin nalaman...

i hope you can help us...

thanks in advance...

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agui


Arresto Menor
Sorry for the late reply. They process it for more than a year for 60k.

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