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2nd marriage abroad2

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1 2nd marriage abroad2 on Mon Jul 25, 2011 1:38 pm


Arresto Menor
Hi, i split up with my husband since 2000. i have been abroad since and i heard he has another family now. our 3 kids are under my sole support & custody.
is our marriage still valid even after more than 10 years of separation? how can i get married again?
a local lawyer in my hometown said that if i ask my ex-husband to sign some kind of legal papers giving up his legal rights as spouse, i may go ahead with the second marriage. is this true? my ex is also willing for our marriage to be dissolved coz he wants to marry again.
please advise on the simplest way both of us could get married again.

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2 Re: 2nd marriage abroad2 on Mon Jul 25, 2011 2:28 pm


Please don't be confused my dear.
Mere separation by the parties when the separation is without the declaration by the court does not entitle any of the spouses to subsequently contract marriage with a different partner.
The length of time by which the spouses were separated-in-fact or the reality that the spouses mutually gave consent to the second marriage of the other does not matter in the eyes of the law. The prevailing jurisprudence is that the parties are not allowed to judge by themselves whether or not they are still married to each other. They have to go to court and ask that their marriage be annulled, or declared void, or that a decree of legal separation be issued depending on the pieces of evidence presented by the parties.

Pati po yung paggawa ninyo ng kasulatan na pinayagan kang mag-asawa ulit ay bawal na kasunduan at ang sabi pa po ng Korte Suprema, walang matinong abogado na gagawa at pipirma o nonotaryuhan ang ganyang kasunduan.

God bless po.

Last edited by rchrd on Tue Jul 26, 2011 12:27 pm; edited 1 time in total (Reason for editing : grammar check)

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3 Re: 2nd marriage abroad2 on Mon Jul 25, 2011 4:28 pm


Arresto Menor
Thanks for your reply.
If i file for annulment, how long does d whole process take and how much does it cost?
And since i'm living abroad, does it require my presence?
Thanks again

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4 Re: 2nd marriage abroad2 on Mon Jul 25, 2011 5:03 pm

the time to be spent shall be dependent on the filing of the petition, presentation of evidence and schedule of court hearings by the court.

the lawyer's fee depends on the extent of the services.

the petitioner filing the case is required to appear personally during the pre trial and trial of the case.

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5 Re: 2nd marriage abroad2 on Tue Jul 26, 2011 12:44 pm


Here's a trivia:
If you are Israel, the men (under their Judaic law/faith), can give a certificate of divorce and release the woman from her marriage to the man. This is where a man can validly waive his right as spouse. This does not apply to us and i am not aware if this also applies to all citizens of Israel. The Christian faith however is guided by Jesus' caveat that the divorced woman should not marry again otherwise the woman and the man who sleeps with her will commit adultery.

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6 Re: 2nd marriage abroad2 on Tue Jul 26, 2011 12:46 pm


Another trivia:

The adultery in the Bible covers also the concubinage under Philippine and Spanish laws.

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