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Declaration of Nullity of Marriage in the Philippines

Posted by Dave on Sunday, March 15th, 2009

When one files a Petition to declare a marriage void, there is the presumtion that the marriage never existed. Of course it is up to the court to decide if the grounds of your petition are valid.

The Family Code of the Philippines states in Articles 35, 36, 37 and 38 the grounds to declare a marriage void from the beginning.

Let’s examine the grounds to declare a marriage void:

A – Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (lack of legal capacity to marry).

B – Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

C – Those solemnized without license except if otherwise covered by other laws.

D – Those bigamous or polygamous marriages except those covered by the laws of presumption of death of the absent spouse.

E -Those contracted through mistake of one contracting party as to the identity of the other;

F –   A remarriage shall be null and void if the partition and distribution of the proprieties of the spouses, the children’s’ presumptive legitimes and the judgment of absolute nullity of the marriage are not recorded in the necessary civil registry and registries of property.

G – Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.

(Psychological incapacity is not automatically lunacy but it does mean that one or both spouses have abnormal interpersonal behavior, or a psychological characteristic which inhibits the spouse to fulfill the essential obligations of marriage.)

H – Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning.

I - Though not incestuous the following between relatives are void from the beginning for reasons of public policy:

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

2. Between step-parents and step-children;

3. Between parents-in-law and children-in-law;

4. Between the adopting parent and the adopted child;

5. Between the surviving spouse of the adopting parent and the adopted child;

6. Between the surviving spouse of the adopted child and the adopter;

7. Between an adopted child and and a legitimate child of the adopter;

8. Between adopted children of the same adopter;

9. Between parties where one, with the intention to marry the other, killed the other person’s spouse, or his or her own spouse.

Once the decision of nullity has been issued by the court it must be registered with Local Civil Registrar where your marriage was registered, the Civil Registry of the place where the Family Court is situated and with the National Statistics Office (NSO).  Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and if there are children: the delivery of the children’s presumptive legitimes in cash, property, or sound securities.

Only after complying with the aforementioned will the court issue the Final Decree of Nullity or Annulment of Marriage.

Without a Final Decree of Nullity or Annulment of Marriage any remarriage will be void and the spouse who marries may be charged with a criminal case of bigamy.

We file petitions for annulments only in Metro Manila.
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Comments

i get married before my first marriage was annulled, is my second marriage void? Is my second marriage did not automatically become valid after my first marriage annulment?

Tino, Art. 41 of the Family code states – A marriage contracted by any person during the subsistence of a previous marriage shall be null and void. A second marriage does not automatically become valid when the first marriage is annulled.

can I start apply for fiance visa while my annulment case is on process. thank u & more power

Dei, If the embassy of the country, where you are applying for a fiance visa checks with the NSO and sees that you are still married, your visa will be refused.

We take a bow in the Philippines on 2000 and living in the UK since 2002 and already acquired UK citizenship. We don’t have any children and our relationship is not good since we move here. We try to settle our differences but still the same and we decided to end the relationship. Is there any way we can file for a annulment on this case. Thanks

Robert, since both of you are UK citizens, you may divorce in the UK.

Follow up on my querries dated March 24. After our divorce is granted here in the UK, then I or she is planning to marry somebody who is from the Philippines. Will there be a problem when applying for a Fiance Visa application to the UK. Since we are still registered with the NSO as married or this will be changed after our divorce is granted in the UK. Thanks.

my ex-husband and I has no more communication for more than 10 yrs, now he got his own family and he has kid, and even me i move on for long time ago, is the rite answer for us is annulment or nullity? so he can marry her live in partner and i can marry my bf too. please reply. thank u!

Kenny, Please read Grounds For Annulment Philippines

what kind of grounds of annulment i can file, that between me and my ex-wife is been separate for more than 11 yrs and has no more communication at all, she got her own family and own kids, as i do, i wanna marry my gf now to settledown family, but i want things will be done in legal situation, i have no idea what ground of annulment to file in this situation, since even her wants to get marry with his bf…we want things will be legal si each of us will be free to get married with no doubt. thank u! i need a legal advice.

Joe, read this article Grounds for Annulment Philippines

By leigh hammer on March 28th, 2009 at 9:46 am

i got married on march 19, 2001, but on our marriage certificate it says that it was registered on march 13, 2001. is it valid or not?

Leigh, your marriage is valid.

By Celia M. Rivera on March 28th, 2009 at 12:10 pm

Sometime in 1994 I married a married man. Is it automatically null and void or do I still have to file for its nullity before the court. Thank you and more power!

Celia, yes, the marriage is null and void but must still file for its nullity before the court.

By leah martillo on March 29th, 2009 at 10:08 am

gud pm! just want to ask if my marriage is null and void coz it is indicated in the marriage certificate that our marriage got registered first before the marriage date. do i need to file for decleration of nullity

Leah, your marriage is valid.

By margarita on March 30th, 2009 at 4:04 pm

my married is null and void as i found out that my husband has previous marriage. if i will file for annulment of our marriage will he be end up in jail? I dont want to see him in jail even he cheated me….

Margarita, only if a case for bigamy is filed against your husband.

Hi,
my wife and i were seperated for 10 years for now,and without my consent she had a lived in partner in the U.S.what ground of annulment may i file because i have my girlfriend who is also in the states and she plan to petition me and planning to get married in the states.,pls help me get some advise..thank you so much..and how long it would take to get the annulment?

my marriage is really bad right now and im thinking of annulment,what kind of grounds of annulment i can file? his a british citizen but we got married in the philippines civil.his irresponsible,and i cant stand his depression sickness that he has he said he got it from his mums genes.i dont think we love each other anymore so HELP!
Thanks.

Jade, please read our article about grounds for annulment.

i got married twice with my ex-husband nov. 27, 1990 and may 5, 1995… but it was recorded to nso april 24,1994 and may 25, 1995,is is possible for me to file a declaration of nullity and void? where can i file a declaration of nullity of marriage? do i need to go to an atty? please i need a legal advice..thank U!

Mitch, your marriage is valid, though I don’t understand why you married twice. You may wish to consult with a lawyer to see if there are any grounds for you to file for annulment.

can i go direct to the court and file a declaration of nullity and void of my previuos marriage, i have grounds for this like psychological incapacity.

Linda, you must file a petition for annulment on the grounds of psychological incapacity. You will need a lawyer to prepare the necessary documents to present in court as well as the report of a psychiatrist to show the existence of psychological incapacity of your spouse.

my boyfriend and i got married because i was pregnant, and someone from the city hall advised us to get an affidavit to state that me and my boyfriend have lived together for 5years so that a marriage license would not be required anymore. now me and my husband have called it quits. can i declare our marriage void given that the affidavit is not true? how can i prove it?

Mae, to prove something you need witnesses, but you will also prove that you lied to city officials. A marriage is not void automatically. A marriage can only be voided by the courts by filing a petition.

Hi i married to US citizen january 2007 here in phil. caloocan city but after a months of our wedding things are change and we both want to end our married so until now we have no cominacation. but now im one month pregnant to my new bf… and he want me to merry.. i want to file but dnt know what kind of grounds of annulment i can file

Rose, please read our article Grounds for Annulment Philippines

By Rosalie Stanford on April 13th, 2009 at 12:10 am

at age 21 i was forced to marry,that night i left.i am now 44 and have not seen or has heard from the man.I’m told i ‘m still married.because i was forced is the marriage valid?

Rosalie, your marriage is still valid, you had 5 years to file a petition for nullity from the time you were forced to marry.

hi, the ceremony took place on sept23, two weeks before we were able to secure the necessary license and other docs. is the marriage valid?

on our certficate, the date was oct3. thanks

jotch, your marriage is valid.

this is in response regarding we got married twice of my ex-husband coz way back 1993, i went to nso to get a copy of our marriage contract but they give me a half sheet of paper, it reminds me it says no record on file of marriage,and i put the date of nov. 27,1990…(original date of our married)..the reason we got married may 25, 1995 coz they said no record on file to my first married…now i found out there two records of our marriage…i would like to file an annulment to my ex since she got his own family as i do, and i already prepared my personal statement and i did consult to an atty. online my statement falls into psychological incapacity. Is it re-marriage is null and void also? I would greatly appreciate ur reply…

hi! i was forced to marry my long time girlfriend even though i was already inlove with someone else. she was not pregnant then, nor is she now. we were not able to secure any license or any dcument prior to the ceremony, which took place on a monday night.

it was only after a month that all the documents were ready. our certificate is dated on the day we were able to submit all the requirements. is my marriage valid then? the ceremony took place even without the necessary documents… thank you.

Dennis, if your marriage is registered in the city where it took place or at the NSO the marriage is valid.

Can I file for nullity and void if we are married without licence and other necessary documents? It was suppose to be a secret marriage. Now he has a family I’m not sure if they got married.

Dana, there is no such thing as secret marriage. Either you are married and its registered or you are not married. So check the marriage register in the city where you married to find out.

Follow up question…approximately how long will it take for me to wait if the annulment is granted? And how much will it cost for me (everything).. I need to file it as soon as possible.

Quite the same case as Dana.

If the Cenomar reflected a past marriage, does that mean I’ll be given a marriage certificate if I request for one at the NSO?

The marriage license was obtained from another city and the marriage certificate was registered in a different city as well, where none of us, (my alleged husband) has resided, does that make it invalid?

Is there a way to check whether the solemnizing minister was really qualified to do such?

Angel, you should know if you were married or not. If the marriage is registered it is valid. Whether or not the marriage is voidable makes no difference, you still have to file a petition in court to have it nullified.

i thought i am single but when i want to marry i found out that i was married to my former boyfriend thru certificate of no marriage in NSO. kailan man hindi ako nagpakasal sa kanya.Never din ako pumirma ng ano mang papel. Then i secured marriage contract from NSO, iba ung pirma na nakapirma above my printed name. hindi ko yon pirma and wala din marriage license na nakaindicate dun. is my marriage valid?paano ko ito mapapatunayan na hindi ako yong taong nagpunta dun.

May, since the marriage is registered it is valid and you will have to go to court to prove that there was fraud to have your marriage annulled.

My legal “husband” who lives in a different city (he still in Philippines but I am not) filed an annulment about 3 years ago. I have reason to believe he stopped it from continuing but I don’t know for sure. Can I file for an annulment in a different court system in a different city? Is there any chance that the first court will know about my annulment filing in another court? Are annulment filings listed in a nationally connected database?

Rosario, you will have to check in the city where your husband filed the annulment to know if its ongoing. You can not have 2 annulments procedures filed at the same time.

hi i just want to ask my boyfriend and i are planning to get married, but the problem is accrding to him he has already married 15 years ago but his mother uses diffrent name for the said marriage, is their marriage valid? can we get married please help

Angelica, the marriage is valid. Your boyfriend must obtain an annulment.

hi just to a follow up question, my boyfriend uses another name for the said marriage. it is not his real name? what legal process can we do to solve this problem? please help

hi, i was married 2 yrs ago.. but even frm the start, marriage already failed.. we never had kids, and never lived under the same roof.. i have a gf now.. me and my wife are both fine with our current status.. we dont communicate for over a year now, is the marriage void or null? pls comment.. thankx..

Simon, why do you think your marriage is null and void? You got married so your marriage is valid.

ff up question: wat if the marriage was set on civil? still valid? how long will it take to be invalid?

how to know if the marriage is valid?

lindie, if there is a marriage certificate most probably the marriage is valid.

last feb 2009 my bf & i got married but after a month we got separated. finorge lang yung pirma ng parents ko because i am only 24. and i want to file for an anullment para madissolve yung marriage namin. anu po bamg pwede kong reason para madissolve ung kasal namin

Mitch, best to consult with a lawyer on how to proceed since you say you committed forgery.

wat if hindi po pumayag ung partner ko na ma annul ung kasal namin. is there any possibility to win my annulment case..

Jhen, its up to the judge to decide your case not your partner.

we got married last 2007 abroad. He’s aware that I got 2 kids from my recent boyfriend when we got married. Then nagkasakit sya so minabuting nyang bumalik ng Pilipinas.He met his ex gf for 4 months he stayed sa Pinas habang nagpapagamot. Kababalik lang nya dito ng sabihin nyang meron syang affair sa Phils. at ang kasal namin dito is not valid. In short its fake. Kaya nagpakasal sila sa Phils with his girlfriend there. Di daw kasi tinanggap ung marraige certificate namin nung mag apply sya ng Philhealth. Is my marraige abroad valid sa Phls.? Kasi nakapag change of last name na ako sa Phil. Consulate when I renewed my passport last year. Is his marraige in the Phils. valid?

Chapie, if you were the first woman to marry your husband your marriage is valid, if you married your husband after he obtained an annulment your marriage is valid. It does not matter if you married overseas the marriage is valid in the Philippines. If your husband was married to you first his second marriage is void and he can be charged with bigamy.

hi po, i got married in 2004 oct but after the wedding d same day, di na po ako nagpakita sa kanya coz,i was 22 nd di po ako taga pilippines so i came back to canada. natakot po ako coz my family didn’t know till now.we havent spoken for a while wala pong nangyari sa amin at all.valid ba po yung marriage ko,kung valid how do i fille for annulment.
thank u po anything u can tell me will help me a lot.

KC, if you were married legally your marriage is valid and you will need to file a petition for annulment to dissolve your marriage.

valid po ba un kasal pag ibang pangalan ang ginamit? kasi po un boyfriend ko ibang pangalan daw un ginamit niya nun nagpakasal siya sa dati niyang girlfriend?

hi!i was married to a japanese last 2005 here in the philippines and after that never heard from him anymore..last 2007 i found out that we are divorced already in japan..what shall i do to make pur marriage here in the philippines null?i have no any divorced documents in my hands right now..pls help me..tnx!

Leslie, you need to obtain a copy of the divorce translated into English and authenticated by the Philippines embassy in Japan. Once you have that you may file a petition for recognition of foreign divorce.

hi i just want to make an enquiry actually i was married in phils. two years ago no kids yet but then recently i found out my husband got married to other girl and have one kid with this girl…now my question is the can the second marriage be nulled even without the presence of my husband and can i sue my husband and her second wife?

Amy, a person who marries a second time without having his first marriage annulled (unless he is a widower) can be liable for the crime of bigamy and the second marriage is null from the beginning.

By kurengkeng on May 1st, 2009 at 2:15 am

we got married in makati by a reverend. they processed all our papers RUSh,meaning, our marriage license was issued from cavite..is our marriage valid even if our license was issued from somewhere elese…and residence reflected on the license is not our true addressess.

Kurengkeng, your marriage is valid.

my friend is really confused as to what will reflect in the CENOMAR that she had requested from NSO, my friend married twice one last 1997 and 2005 with another man,according to her she got the chance of marrying another man because she was not required to submit a CENOMAR prior to the second marriage,,this time she is applying for an immigrant visa with her second husband and she asked to submit CENOMAR from NSO her concerned is that what will be reflected in her CENOMAR? she was able to obtain a marriage certificate of her second marriage from NSO,,and she is not too sure if her first marriage was also recorded at NSO..THANK YOU VERY MUCH HOPE YOU CAN ENLIGHTE US..

Liza, your friend has to check at the NSO. Embassies check with the NSO before giving immigrant visas.

Hi.
I heard theres a 10 day waiting period before a marriage can take place in Philippines. Does this 10 day period start from the day you apply for the marriage licence, or does it start after you receive the marrige licence ?

I heard once the marriage licence has been issued you can marry straight away ?

So i assume the 10 days is how long it takes to get the licence….
pls reply ASAP as i need this info urgently

thank you

Jason, yes, there is a waiting period of 10 days while notice of the marriage application is posted on a bulletin board outside the local civil registrar’s office.

Hello,
Good day!I was married but later I found
out that he was still married to his first
wife. He filled a Presumption of Death to
his first wife but denied by the court
because his wife still existing. Now I
filled an annulment petition but takes 2
years now.I am a gov’t. employee I want
to save my work. Why is this taking so
long? Do I have a chance that my
petition be granted? Please help me
what do. Thank you and more power.
God Bless.

Fe, I can comment on an ongoing case handled by another lawyer.

Hi,

What do i need to do next? I already receive the Divorce Decree filed by my american ex husband in texas?

Don, you to obtain a decree of recognition of foreign divorce form the court in the Philippines.

hi,

I am married but separated with my husband 4 yrs by now.. almost 5 yrs.I havent filed an annulment for it may cost much.Now I’m out of Philippines and my boyfriend wants to marry me.I spoke to a friend who was telling me that she had a lawyer before who issued him a singleness that able her to remarry out of Philippines(this happen in phil), she was telling me it was legal but she was also married.I dont know what process they made.I just want to ask if this case is possible??? Because I am planning to have it also.Is the process really legal? she obtain a singleness in Philippines though she is married.pls help…

Kaye, That is very illegal. It is fraud and falsification of documents.

Hello! Just want to ask. I got married at the age of 24 and my husband was 22 that time. Can I file for Void for my marriage since in our parental signatures for the marraige license was signed by other person.We were together as married for 9 years and separated for 7 years now.
Thank you.

Joyce, you can not file for an annulment based on what you mention as you lived together as husband and wife for more than 5 years.

Hi,
I was married 16 yrs but now im separated for 6 yrs turning 7 yrs.he has his own life now but im asking if my marriage with him is valid coz i found out that my middle initials in my birth certificate is not the same and also my birthday in my birth certificate is Feb 24 but in my marriage contract is Feb 2,aside from that i don’t have any fathers name in my birth certificate but on my marriage contract i do have a father?? is my marriage to my previous husband is still valid??even though its contradict to my birth certificate?? And what about my kids?/are they become illegitimate?? I hope you can help me with this..thank you

Shirley, your marriage is valid, nothing you mention above would invalidate your marriage.

We got (civil) married here in the Phil july 2006.My husband went to US (as tourist)May 2006 and filed a divorce there. the divorce was granted. He wants to petition us (our daughter and I), since he already got greencard acquired base on his employer.Can we remarry in the church here in the Philippines? for the purpose that he can petition me and our daughter with him in the US? we are married here in the Phil, but divorced in US. Do u know any cases same as ours? he can get our daughter as his dependent, but for me, i don’t know, since im no longer his spouse because of our divorce last 2006.please help

Raven, the divorce in the US is not recognized in the Philippines unless you go to court to have it recognized. So for now you are still married in the Philippines. Remarrying in church will not change the fact that your husband obtained a divorce in the USA

hello, with regards to my question last april 28, thanks for the answer…now,can i actually sue my husband for bigamy even if he’s not in PI? he’s recently working abroad now & ive learn that if i file a case he must appear in court hearing…mahahabol ko po ba cya thru embassy or maybe sent a letter sa mismong work place or sa agency he’s working, pra mapauwe at attend ng hearing…is that possible? or i go thru POEA

thanks & more power

I married my second wife for the purpose of migrating to the US because I have a child with her. My first marriage was very much valid when the 2nd marriage happened. In my 2nd marriage we were just ask to sign the papers, no ceremony at all. Recently, I have asked the civil registrar to check if the Rev. who signed our marriage is authorized but so far no record has been found for such name. I request the court for declaration of nullity of my 2nd marriage for that reason?

Andrew, we need many more details to answer you. You need to consult a lawyer to get an answer to your question.

hi!i just want to ask if my marriage with my husband is valid ‘coz my birthdate written in the marriage contract is different than in my birth certificate?
thank you..

Ivy, your marriage is valid.

hi!thanks,it’s me again..anyway,you said that my marriage is legal but can i used it as a ground for annullment?

Good Day,

our marriage license was obtain by cousin from a different city where neither of us resides and the signature isn’t mine.

Can i marry my husband again even without getting our first marriage void?

Thank you so much

Bline, if your marriage is registered at the local civil registrar and NSO there is no need to marry again.

hi,good day!
i got married w/my bf in 2004.i was 20 yrs old that time.now,i requested CENOMAR from NSO & it was stated that i am still single & no marriage was registered.do i consider my self single or the marriage is valid eventhough it wasnt registered in NSO?im planning to marry my present bf thats why i requested for CENOMAR.can i rely w/ what is stated in the CENOMAR or i have to do some necessary things for the previous marriage?
looking forward for your reply
Thankss

Angel, be very careful and check again with the NSO and local registrar where you were married. Marrying a second time without having your first marriage annulled is committing the crime of bigamy.

hello to ulet follow up question po…

cnu po sa sa amin ng ex-husband ko pwedeng mag file ng annulment? at san po ito ipa-file? dun po ba sa mismong lugar na pinagkasalan namin?

regarding to sa second wife nya it takes how many years/months po ba ma-annuled ung kasal din nila? pareho lang ba din sa first wife?

By jhosie dungo on June 5th, 2009 at 1:28 am

hi!! my bf got married to her first cousin before i met him, is there married is valid or void??? my bf got a copy of of there marriage cert.in NSO.

please respond tnx a lot!

Jhosie , As per ART. 38 of the family code. The following marriages are void from the beginning for reasons of public policiy:

1. Between Collateral blood relations, whether legitimate or illegitimate up to the fourth civil degree.

Which shows that marriage between cousins is not allowed.

Even if a marriage is void from the beginning there is still a necessary court procedure to void the marriage.

hi.. i got married 7 years ago to my boyfriend just because im pregnant. we lived together for almost a year until he found out that my kid wasnt his kid, the real father is my exboyfriend who was then afraid of the responsibility. i was already pregnant before my husband became my bf. now, im living in with the father of my kid. we want to get married but we cant do so because im already married. i also want to give my husband his freedom. i want him to be happy but i dont know what to do… its my fault.

Bea. you need to consult with a lawyer to find the best grounds for annulment or email us and set a meeting for a consultation.

Hi, I’d like to ask if the church will allow someone who is annulled from a civil wedding to undergo a church wedding?Thanks, more power

Noni, ask your priest.

hello, i justs want to consult my situation with you. i married my bf several years ago because i got pregnant. but the thing is, the baby that i was carrying isnt my bf’s baby, but my ex bf’s baby. my husband found out shortly after i gave birth and admitted it to him. we parted ways since then. now im living in with my child’s father and decided to go on with our life. we want to get married but we cant because of my situation. i also want to set my husband free because he was just a victim of my dark past. what ground of annulment would my case be under? i dont know what to do right now. i really nid your help. many thanx

good day..

just want to ask something..i was married 5 years ago and a week after the marriage i left to work abroad..after a year of really not being together, my husband and i decided to end our relationship..we never really live under one roof because as ive mentioned, we only spent one week together as a married couple..our marriage was done at the house of a pastor which i cannot remember his name..i also cannot remember when is the exact date of the marriage..my question is,how can i check if our marriage is valid?can you tell me various ways to check this?please i need your reply soon..thanks very much..

Jasmine, you may check at the NSO and at the local marriage register in the city where you were married to see if your marriage was registered.

HELOO, I JUST WANT TO KNOW HOW TO FILE TO NULLIFY MY MARRIAGE, MY HUSBAND AND I GOT MARRIED RECENTLY THEN BEFORE MY HUSBAND HAS A LIVE IN PARTNER AND THEY MAKE A MARRIAGE PAPER STATING THAT THEY GOT MARRIED BUT MY HUSBAND DID NOT SIGN THE MARRIAGE CONTRACT AND HIS EX-GIRLFRIEND REGISTERED THERE PAPER. MY QUESTION IS OUR MARRIAGE WILL BE NULL AND VOID?WERE CAN I CHECK IF IM THE SECOND WIFE AND WHAT SHOULD I FILE TO NULLIFY OUR MARRIAGE PLS HELP ME..

THNKS.

Rosa, first check if your husband officially had a legal marriage at the NSO and the local marriage registrar. If there is a previous marriage you can have your marriage nullified with the help of a lawyer.

Hi,I would like to ask regarding my situation. I was get married in 1990, i would say by force because i was only present and it was arranged by her relatives without asking from my sides, after days i asked her mother that i will go to my work and i never comeback. They treated me by letter that they will tell it to my company, so i decided to resign but never comeback until now. I met another girl and we got married in 1994 but our marriage never succeeded and i am away from her and to my adopted son, but i’m continue supporting them. I met a girl now and we wanted to get married. What advices can you give me and what shall i do to get rid of my previous marriages, are they still valid or not?

Thank you and waiting for your answers.

Ernie, you need to annul both marriages as the first one is still valid and even though the second one is not valid there is still a need to obtain a court order to annul and have the records changed at the NSO and local civil marriage registrar.

Hi Lawyer

You answered:

Achemed, why don’t you try and let me know if you get charged for the crime of bigamy. You can be married a second time without having the first marriage dissolved.

1. Who will charge for Bigamy? NSO or my former?

2. You can be married a second time without having the first marriage dissolved.

I can? or Can’t?

dba there’s a 10 days waiting period para ma release iyong marriage license? what if the marriage took place before that 10 days waiting period, is the marriage valid or not.. please reply. marriage license was issued june 2, 2009 and marriage ceremony took place May 20, 2009.

Weng, the marriage is valid.

Good morning..

I just want to ask something about having a secret marriage..

Me and my husband are planning to have it, but we really don’t know if the secret marriage can affect my greencard?

I’m about to leave this coming August, I was just wondering if we get married, does that will affect my papers?

And also, if that marriage will be filed on NSO? We really want to get married..

Hope somebody could help me.. Need some advice!

Thanks! Godbless..

Maria, the only secret in a secret marriage is that you don’t tell anyone that you were married. So if you can keep a secret, no one will know. If you get married of course the marriage will be registered at the local marriage registrar and the NSO. For sure the US embassy will check with the NSO!

I see.. I’m a green card holder for about a year now but unfortunately I am out the Us soil, Me and my guy wants to marry before my re-entry permits expires..

Is it good to marry him now and sponsor him later?

I have been separated from my husband for 28 years and haven’t seen him since. For the purposes of securing bank loans, can I state I am separated, and execute an affidavit of marital separation or abandonment attesting to the absence of a husband ? Is there any document i can execute to clarify my separation, aside from undergoing legal separation?

What are the steps in having a spouse presumed dead? Does this take long ?

Thank You for your help.

Helen, the only legal way to declare that you have a legal separation is to obtain a court decree. For the rest call our office for a consultation.

I got married in Abu Dhabi year 1998. all our documents was attested by the Philippine Embassy in Abu Dhabi but recently when I ask a authenticated copy for NSO they found out that there is no report of Marriage. I didnt know the procedure because when I asked the embassy after the wedding they told me that they will process everything in Manila. Is my marriage valid since we left already UAE for a long time and I cannot comply anymore for the requirements in order to apply for late registration.

Myra, if you were married legally your marriage is valid.

We got married in the church. But everytime im showing my marriage contract for transactions to be made in the Philippines like getting passport for my son, they keep on asking for the authenticated marriage certificate from NSO which i dont have.

Myra, your marriage should be registered at the NSO go there and obtain a certified copy of your marriage certificate or get it registered if there is no record.

By Marissa Warfield on August 15th, 2009 at 3:54 pm

I was married to a japanese,and have 1 child. He divorced me in Japan, but married in Philippines, now I have an American Fiancee, and want to marry me, What to do? so I can marry my Fiancee in Philippines I am still in Japan right now and still working.. Pls. give me an advise.

Marissa, you will have to file a petition for recognition of foreign judgment of divorce in the Philippines after which you will be able to remarry.

aty,if i will qualify to file an annulment..is it ok to file annulment in the place where i am living now?even if the said place of marriage was held in another area of philippines? THANKS…

Jean, the correct place for an annulment to be filed is where a person has lived for the last 6 months.

i learned that my husband is married to another woman a year after our marriage,so this mean our marriage is null and void? and if i am to marry someone else, what proper documents do i need to obtain?

Grace, if yours is the second marriage, it is considered nulll and void but this is not automatic, you must file a petition for annulment in court and the judge must issue a decree of annulment before you can remarry. You will need the NSO certified marriage contracts of both marriages.

thank you for the response,and yes my marriage was the second. does this process take a long time? and will it cost me a lot? what if there is no record of my marriage at nso?

i filed annulment to my ex husband on 2003 and i got a paper to my lawyer saying im already annulled but when my brother checked my marriage certificate i still got a record from NSO…Im in US right now with my daughter and im trying to get her a visa im so scared that they will deny my daughter visa..What do you think is the best way so me and my daughter will not get in trouble getting her visa? I’ve been re married to for 7 yrs and im scared that this marriage is not void…

Connie, once an an annulment is granted a copy of the judge’s decision must be presented to the NSO and the local marriage registrar for the changes to be annotated. After which a final decree of divorce is granted by the Judge. You should ask your lawyer for a copy of your annulment decree.

good day.i was married 2001 at the age of 23,my husband,i am not sure if he is 22 or 23 that time since he don’t have the authenticated NSO,(negative in NSO) he didn’t submitted birth certificate the time we apply for marriage license.He was ask also for parent’s consent but since both parents are dead,a guardian,to my surprise he just ask a friend to sign for a consent.I was not there since my parent’s already sign.The marriage just lasted 1 year.We are separated for almost 6 years now.I want to move on and start a new life.We haven’t communicated since we separated.I even don’t know where he is.

I was advised since the marriage doesn’t have a parent/legal guardian consent,is void/null.Is there any truth to that?

thank you so much and hoping for your answer.

More Power.

my husband left me and our 2 kids for another woman 2 years ago, and now he’s gotten that woman pregnant. can they be filed with adultery? and can i use that as a ground to file for annulment?

pls help me. got married 7yrs ago but we part ways after 3yrs because of his womanizing and find out very recently that he’s sired again another baby from another woman different from a previous one, even showing me a picture of the baby (the woman dared) I wanted to die and planned to sue them.

my concern now is that i found out that i had a previous marriage when a friend of mine who’s working in NSO checked my records. the story behind it is sometime in 2000 my boyfriend then have me signed a blank marriage certificate before he left for abroad, just like that. no ceremony,no judge, no witnesses, just a blank marriage cert. but it was registered. and i have no idea of his whereabouts now.

what are the legal issues here. is the marriage void?, does it mean my 2nd marriage (so to speak) void also? what if i have to file for a nullity of marriage for both marriages, what will i do first.

i hope you will enlighten me.

thank you.

Dani, your second marriage may be void but you will still have to file a petition for annulment. It would be best to show all documents to a lawyer to be sure.

hello attorney, i decided to married my wife in 1996, even i know that she has a first merried on 1989, becouse her first husbund have another girl and have 2 kids. they also merried, but i dont know if who is the 1st of them who commited 2nd merried if her husbund or my wife, now i am in trouble becouse we have 2 kids also my 1st kid is 5 years younger than their 1st kid. and we want to settle the papers of our kids,they have birth certificate indicating the date of our merriage..my question is,what happen to their birth certificate when we anulled our merriage becouse we want to petition our kids here in abroad? pls help me. thanks a lot… bobby pig

Bobby, nothing is changed on a child’s birth certificate when their parents obtain an annulment.

hi,
i have a friend, she’s pregnant right now but her problem is her bf have a secret marriage to her ex-gf for almost a year and already have other affair for almost a year or so right now. is their secret marriage still valid? is my friend can marry this guy?

Lai, there is no such thing as a secret marriage, either they are married or not. If a couple is married they must obtain an annulment before either may remarry.

i married in 1996 and separated last 2004. since then i dont have any info about him, can i petition an annullment on the grounds of presumption of death?

Marick, if the person presumed shows up any second marriage will voided and the first marriage reinstated.

Hi, I am a UK Citizen and married my Pinoy Wife in the UK in 2000. She was married to a UK guy in Manila in 1988 (marriage of convenience to enter UK. She filed for divorce in the UK and it was granted, we then married. I since found out that she used am assumed name to originally marry so that if it did not work out she could marry in the Phils using her real maiden name.

Can I ask if the marriage can be annulled or nullified on the grounds that my wife is not who she claims to be and given that she filed for divorce in the UK as a Philippine passport holder is that divorce actually recognized. I desperately need some guidance on this matter. Thanks in advance.

Frank, as you married your wife in the UK, your questions fall under UK law not Philippine law. Consult with a UK attorney on how to proceed. Divorce obtained by Filipino citizens overseas is not automatically recognized in the Philipines.

Hello and thank you for the quick response. I intend to file for divorce in the UK but I cannot get any assurance from my wife that she wont contest. I can only afford an uncontested divorce. Given her first marriage was conducted in the Philippines and she as a Pinoy Citizen filed for and secured a divorce in the UK, would she have any legal claim here in the Philippines if I decide to enter into a relationship here.

Can I get a court judgment to the effect that due to her false identity and previous marriage our marriage is not valid here in the Philippines, I have to accept that in the UK it is legal and needs to be ended through the UK court via filing for divorce.

Thanks, Frank

can i file for declaration of nullity coz it was stated that you need a license prior to marriage? we did not get one, but our marriage certificate is in NSO.

Yaya, no you can not.

i just read the family code and it says there marriage is void if 1)there is no license obtained prior to marriage, 2)our solemnizing officer was a minister whose church we don’t belong to (because it was just a room near the city hall) and 3)we did not get parental advice for ages between 21-25. We got married year 1994 when we were 21.Do i have a case to file for declaration of nullity? I filed for anulment year 1996 but was denied because i don’t have a knowledge of all these family codes. Pls help me. Thank you.

Yaya, since your petition for annulment was denied you may not file a second petition.

TO WHOM IT MAY CONCERN:

GOOD EVENING!I WANT TO SEEK ADVICE REGARDING MY CASE.I HAVE 2 CITIZENSHIPS, FILIPINO AND CHINESE.LAST NOVEMBER 2008 I GOT MARRIED THRU CIVIL WEDDING ONLY AND USED MY FILIPINO CITIZEN IN MY MARRIAGE CONTRACT.WITHOUT KNOWING THAT BEING A CHINESE CITIZEN BEFORE GETTING MARRIED I SHOULD ASK THE EMBASSY FOR THE LEGAL CAPACITY TO MARRY.AND NOW WHEN I FILED FOR THE PETITION OF MY HUSBAND TO GO TO TAIWAN,THE CONSUL OF THE EMBASSY DECIDED TO HAVE MY MARRIAGE RE-MARRY BECAUSE THEY JUST GIVE THE CERTIFICATE OF LEGAL CAPACITY TO ME.MY QUESTION IS CAN I HAVE MY MARRIAGE RE-MARRY AGAIN WITH MY SAME HUSBAND? CAN THIS 2ND MARRIAGE CAN BE REGISTERED IN NSO ALSO?AND CAN I PETITION MY 1ST MARRIAGE (REGISTERED IN NSO)FOR CANCELLATION AFTER MY 2ND MARRIAGE?SINCE MY 1ST WEDDING IS ONLY CIVIL, IF I WANT TO RE-MARRY IN CHURCH, WILL THE MARRIAGE LICENSE IS THE SAME?PLEASE HELP ME AND I WANT TO CONSULT PERSONALLY TO AN ATTORNEY, CAN YOU RECOMMEND AN ATTORNEY TO ME. THANK YOU. WAITING FOR REPLY…

Cocoli, your marriage is valid and you do not have to remarry. You say you are a Filipino Citizen, as such you do not need the legal capacity from the Taiwan embassy.

i need a legal advice on what to do with my husband whose cohabitating and had a child already. we have 1 kid and separated for 3 years now?should i file for annulment or legal separation?

Mary, annulment will allow you to remarry. Legal separation will not allow you to remarry and you remain husband and wife, your assets will be divided among you and you will no longer have to support each other.

Hi,

I just want to know whether I can file an annulment for this. My husband had an affair in 2003, the relationship lasted for almost a year and he got his mistress pregnant. He is also abusing me physically and verbally that time (I don’t have medical records though). But I can say that the marriage is indeed not worth keeping. We are no longer together. I am now based overseas with our children. It’s been 3 years now since I left him. Please advise. Thanks.

JG, infidelity and abuse are not grounds for annulment. You may want to consider filing a petition for annulment on the grounds of psychological incapacity.

My wife divorced me sa US for reason that she don’t love me anymore, it happens while she was working there. Just recently I’ve found out that she got married na pala dun…could this be a ground for the annulment of our marriage here in the Philippines…what other legal means aside from annulment are available in my case…thank you…

Gabriel, your wife remarrying without first getting an annulment in the Philippines is grounds for legal separation.

To Whom It May Concern,

I been married for 12 yrs but unfortunately got separated for 4 yrs, at the present my husband is living in with his new girl which he has a daughter with already.My curious question, is our marriage could possibly turn null and void when my husband has used a wrong first name in our marriage contract and I am unaware of that. What would be the biggest possibility he might do to us as his original family,my rights and his child rights.Is it possible that the marriage would turn null and void because the name he registered in our marriage contract is different from his birth certificate?What shall I do in this case?Help Me pls.Thank you

Mildred, the wrong first name does not void your marriage nor does it change the obligations of your husband to his family.

Hi,we got married with a false affidavit declaring that we were living together for 5 yrs,we were 23 and 24 yrs old respectively,and no marriage license.We never lived together since,but only see each other a few times until i got sick with STD,which he denied.I s my false affidavit enough ground for nullity of marriage?
Thanks and more power!

Janet, you do not have grounds for annulment.

hi, i was married last 2004, the relationship formally ended more than a year now when she got back from abroad. i have these following grounds which i think would be posible for a petition for null and void marriage and annulment.

1) we filed a false affidavit saying that we lived together for 5 years although we just got back from abroad that same year.
2) we are not a member of the faith of person that solemnized the marriage .
3) we found out that her mother is related to my grandmother on my
mothers side.
4) she (ex-wife) accused me of infecting her with an STD even if she’s was away to abroad for more than a year which is not posible since we are separated.

are these grounds strong enough to file a petition for null and void or an annulment? i’ll appretiate it if you would respond. thank you.

moshi22, none of the above would be grounds for annulment.

my husband and i got married at the city hall. Civil wedding.
My gut feel is that he was already married before but is not admitting.
Our marriage was solemnized by a Reverend and got our marriage certificate from NSO.
If he was already married before, will that nullify the marriage certificate that we got from NSO? Does the city hall do some kind of background check first before they issue the marriage certificate?
Please help me.

Spencer, city hall does not do a background check on each person who marries. If your husband was already married you may have your marriage annulled by filing a petition for annulment on the grounds of bigamy.

After a year of marriage i received a news that my husband was previously married. It was confirmed by their HR officer. His SSS and TIN bore that information. I secured a CENOMAR and Marriage vertificate to validate. I found out that my husband is married only to me and that our Marriage license is very much filed in NSO. Meaning I am the legal wife.
However, i tried to secure his birth certificate because i am wondering why he has the same name with his father. He doesnt carry a”JR” in his name. No record in NSO.

I am trying to communicate with my husband since we seperated after a year of marriage. But he doesnt want to talk to me. I wish to clear this issue. Honestly, i wish to file an annulment base on fraud.

I dont know how he was able to change his status before. That happned before he married me.

Should anything happens to him,Base on records I am not his beneficiary, yet on legality, I am the legal wife.

I wish to end the marriage since he is adamant in denying me as his wife and he is with someone already.

Can this be ground for annulmet? Can you still consider our marriage valid since there were misdeclarations in his personal informations when we contracted marriage?

Pls advise.

Tnx.

Dang, you will have to get a copy of the documents to show a lawyer as this is an unusual situation.

Hi,

Meaning, I need to get his his sss and tin? I can only get it from the HR of his work. But i doubt if they will provide me unless a legal request will demand for it.

My estranged husband would not cooperate, even his family. I also learned that he submitted a marriage certificate that time just so that his child will carry his surname. My fear is that he falsified his documents before and that his marriage to me is valid.

I wish to summon him, because he would not cooperate. Will a legal move be appropriate for this? No one wishes to shed light on this, i only want to know the truth.

Pls. advise.

Dang

Hi,

I also heard that he has a new fiancee. And this girl has been harassing me…badmouthing and threatening me for a year now.
I was hiding from them and quiet for a time. But the harassments are really taking its toll on me.
Is it possible to file a psychological and moral damages for the two of them?
My situation is quite unusual and i want to put an end to it already.

dang

I am married for four years before i found out that the date of my birth in the marriage certificate is wrong. What is the legal effect of this on the validity of our marriage. Can it be a ground for nullity? Please respond. Thank you!

Meri, a wrong date of birth will not invalidate a person’s marriage unless they were a minor at the time of the marriage.

my brother was married last 1993 but they never lived together for the past 16 yrs. can he file nullity of marriage? can this affect his petition for immigration? my mother filed petition but he is single.

Glen, yes he can file a petition for annulment. If at the time of the petition for immigration he was single, he must stay single.

the woman I am planning to live with is married. But, I plan to file for a nullity of their marriage which was solemnized by the vice mayor. Is the annulment possible considering that they did not know at that time, the husband does not know until now, that the solemnizing officer did not have a right to do so?

Steinbeck, true a vice-mayor may not solemnize a marriage and it can be annulled.

Hi, i just got married in Dubai, U.A.E. last year and is still currently living with my so called wife here but we’ve been having a lot of problems lately and she’s been acting strange a lot… is that a ground for annulment? if so, how can i prove it to the court? what does psychological incapacity mean? hope u can help! tnx…

Pj, a psychologist report is the proof of psychological incapacity. Psychological incapacity Art 36 of the Family Code of the Philippines is the incapacity to comply with the essential obligations of marriage.

Is my marriage valid when we just directly go to the pastor for marriage, we don’t really get the license and all.it was all arrange by a friend in the city hall and we are just ask to sign the documents afterward…but the thing is that its already registered in the nso, it was dec 2007 that we got married? things doesn’t work for us after 6 months…

Jo, your marriage is valid as long as the pastor is registered to solemnize marriages.

Is it true that when you file declaration of nullity void abnitio, children’s surname will be changed? and what is the fastest way to annull the mariage. Please advise. Thanks!

Len, not true, children surnames do not change. There is no fastest way to annul a marriage, it all depends what grounds the petition for annulment is based on.

I found out that if a person is anulled, they cant marry in church. Unless, they will file an anullment to the church. What if we will not go thru the process of annulment in church, will our marriage still valid? And if we file, how long will it take?thanks!

Rod, church annulment has nothing to with civil annulment in court. If you obtain a civil annulment you may have a new civil marriage solemnized.

hi! i got married just last year in a civil wedding ceremony by our mayor. All legal requirements needed was done before the marriage. Without my knowledge, my mother didnt pass our marriage certificate to the civil local register, and its been one year now before i knew about it. Is our marriage still legal? Can you please explain to me everything about this matter? Thank you so much.

Ivy, your marriage is legal. It’s the mayor who should give the necessary information to the local civil registrar, not your mother.

Just a continuation of my story…

My father is close to the mayor and my marriage certificate is still in my parents hands until now. what if they don’t have any plan of registering it to the LCR, would our marriage still be legal?

hello to everyone
I got “married” in 2007. didnt know who were our witnesses and was arranged within a day or so. We havent lived together since and as far as I know, our last communication was two years after that. Have check in NSO and our file is in there.
My questions are:
Can I file for annulment as we havent lived together nor had any communication at all?
What if she doesnt want to sign any papers? Could annulment be possible without her signature?
It has been more than ten years now and all I want to do is move on.
Please help.
Thanks in advance.

Eddie, not having lived together or no communcitation is not grounds for annulment. You should explore with a lawyer other possible grounds.

Hi! I’m married for 10 years now but my wife and I got separated on 2004 bec she has another man but on that 5 years we are still living in one roof. However, just recently I decided to live on my own now and decided to file an annulment. I filed psychological incapacity. However, I was still in doubt since she has another man. What ground is applicable that will anull our marriage quickly?

Thanks!

Ramil, you can only use the grounds which apply to your case. Consult with a lawyer to see to discuss your case and find out what grounds you can can use to file the petition.

By iamjustcurious on October 16th, 2009 at 4:33 pm

Hi, I have a question.

I got married 3 years ago. They have not secured a marriage license because me and my husband were living together for more than five years already. The marriage was officiated at our home on a sunday by a judge. Obviously, there were no documents required from us. It was only few months back when I wanted to secure a passposrt the I found out that my registered birth certificate do not have my first name. Will be be a ground to nullify my marriage? If yes, will it validate my marriage if my birth certificate be corrected? Obviously, the correction will be after my marriage date.

I do not have any government identifications like social security ID or drivers license.

Appreciate your help.

iamjustcurious, your marriage is valid.

ask ko lang po if my marriage is valid or void..i got married with swiss here in philippines but after 1 year i found out my husband was still married is my marriage is valid here philippines?

Ana, your marriage is not valid in any country, but you still have to file a petition for annulment to have your marriage annulled.

Good day Atty.,

I just wanna ask if the marriage license was filed by an aunt at the city to where neither one of the couple resided eversince in other words NO PERSONAL APPEARANCE and the date of filing of the marriage license appears that it was filed before the groom (foreigner) arrived here. Though it was really filed the day after the groom arrived and got his legal capacity from the embassy. Filed FEb.15 , issued FEb. 26 (written on the MC) but it on the marriage license copy it appears feb.11..

will the date error and said descrepancies mean the Marriage is void?

ABS, if your marriage was solemnized by a person authorized to do so, your marriage is valid.

hello….
so what is the effect of declaration of nullity of marriage to the legitimacy of the children in that marriage? how about in nullity of marriage? thanx a lot…

Anthony, in both cases the children stay legitimate.

My marriage license was filed before my US citizen husband arrived here in the Philippines.He submitted his LC few days after the license has been filed.
Will the said problem it mean our marriage VOID?

Digger, your marriage is not void.

What kind of petition could I file for my null and void marriage.I married a guy in a civil rites ceremony last March,2005.But after a year I found out that he was already married to another woman and has 2 children.
Now, I am about to marry my foreign boyfriend but when I request for a CENOMAR that marriage was been registered from the NSO. What should I do in order to cancel that “fraud” marriage from the NSO.I had the copy of his marriage contract from that original wife and from me.
Please I need your advise as soon as possible.

May, you may file a petition for annulment on the grounds of bigamous marriage.

Hi!
im still married but now separated for more than 4 years. My husband has now have his own family and i currently have a british boyfriend. I was wondering if i can get a passport using my single name and apply for a fiancee visa in the UK?
please help. thanks!

Clarisse, the UK embassy will check your records at the NSO before issuing a fiance visa, your visa will be denied and you will probably be banned from entering the UK in the future.

i got married though i don’t have a birth certificate. we are now separated. has our marriage been legal in the first place?

i want to marry someone else but i don’t have enough money to file for annulment. if i file for delayed registration of birth certificate and just use a different name, would this be possible? if i marry for the second time, would my marriage be legal, under a different name, but the name that is actually registered? please help

Marc, your marriage is valid if solemnized by a person authorized to perform marriages. Changing your name to remarry will not annul your marriage and if you remarry without first obtaining an annulment would be committing the crime of bigamy.

Good day. I was married 2003 I was 19 and the girl was 21 back then We didn’t attend any marriage seminar. I didn’t know if we had a marriage license since I never filed anything for the marriage. Now we’re not together i have a marriage certificate from the local registrar but I don’t have any file from the National Statistics Office what does that mean?

Is our marriage void? Is there a way to make it void at this point?

Keith, your marriage is valid. You should double check with the NSO sometimes they find the information the second time around.

hello! my x wife and i had no communication at all for about 6 years is our marriage still void??? i really need your answer…thanks

Windsonr, separation, no communication no matter how many years does not void a marriage.

Hi,
I just want to inquire what document do I need to submit in the court to nuliify my marriage on the ground of NO Marriage License and The person was not authorized to solemnized our marriage, also, how long does it take for my marriage to be nullified using these grounds? Do I need my ex-wife’s signature in this?
Thanks a lot.

Hi,
I would like to ask if my marriage could be considered as void. I got married on march 1983.The birthdate that was written was october 10, 1961. But when because i saw the birth certificate from the nso my real birthday was december 12 1951.
Thank you

Jerome, your marriage is valid. That is just a mistake which can be corrected.

I recently married in the Philippines. I am a Canadian national that married to a Filipina. In order to make the marriage valid, the minister falsified the date of the celebration of the marriage, arrange for pictures to be taken by a photographer that falsified the date. This was all done to meet the waiting period time requirement under the Philippines laws. The true date of the celebration was earlier. I have proof of this such as the receipt of the room that was booked for the ceremony. This was all done because the mother of my wife was going to work abroad earlier than expected. All this falsification was suggested by the minister and the mother-in-law. I did sign the certificate of marriage with the falsified date, but so did they (my wife and the minister, along with witnesses). My wife and I don’t have a working relationship. She never came with me to Canada and we’ve been living separately for 6 months now.

G, your marriage is valid as the person who solemnized was authorized to do s

So my marriage is valid and registered to the NSO. Is there ground to claim a nullity of marriage? Is it possible for me to claim a nullity of marriage under the Philippines law from my country (Canada)? Can I hire an agent to represent me and file for nullity of marriage in the Philippines without being physically there? What are common legal consequences to have signed a falsified certificate of marriage? Is it any different if I prove my point in Canada or the Philippines regarding the consequences to have signed a falsified certificate of marriage. If a certificate was signed with the wrong celebration date on it, is it ground to void it, even if it would be legal in every aspect if it had been rightfully dated otherwise?

Thank you very much

G. your marriage is valid as the person who solemnized it was authorized to do so. As a Canadian citizen you may get a divorce in Canada. Even when you obtain the divorce your records in the Philippines will show that you are married. If you send your wife a copy of the divorce decree authenticated by the Philippines Embassy in Canada, she may file a petition for recognition of foreign divorce and this will have your records updated in the Philippines.

Hi,
I had a “fixed” marriage 11 years ago. i called it fixed because we just saw this ads in the local newspaper, called that office, set an appointment, and be present on the appointment date. On that day, we just signed a blank marriage certificate, not knowing who will signed as witnesses and not knowing the reverend. After one month, it was in NSO file.
After 9 years, we decided to get separated. and recently, i just found out that indeed this reverend who signed our certificate was not authorized to solemnized our marriage. He was an unknown reverend in CBCP listing. His company/church which is called The Society of Sto Nino Inc never existed.
Base on this fact, do you think I have a strong case of filing a nullity of marriage from the beginning? And how long will it take for the court to grant this?
I really want to move on with my life and just want to sort this as soon as possible.
Thanks a lot.
Jean

Jean, the reverend does not have to be in the CBCP listing, he should be listed with the local civil registrar. If he is not then you may have a case. It will most probably take at least 6 months.

Dear sir madam

I was married here in dubai uae last sept 24 2009 , and i was wondering if the marrige is already valid even in the philippines or even registered already in NSO in philippines.. Cause i have a application for canada and i have to be single until then but i got married recently without any permission to my family i am already 27 yrs old.. is my status in philippines will be desame as single??? how long is would it stay single???

Geraldine, whether your marriage is already registered in the NSO or not does not change the fact that you are married and no longer single. If Canada finds out you lied you could be deported.

Hi!My husband was married twice.He was married to me first and recently,without my knowledge, he married another woman.Both marriages appear in the CENOMAR.
Is the second marriage valid?

Nancy, yes the second marriage is void but this is not automatic, a judge must issue a decree of annulment.

hello to everybody,
I would like to enquire if there are any grounds for nullity if the marriage happened to be arranged within a day and unknown witnesses. Our file is in NSO. This wedding happened 12 years ago and I dont know where is my “wife”. We never lived together and no communication at all for all thse years. Please help. thanks

Edward, you are legally married even though it happened within a day and with unknown witness. You may file a petition for annulment on the grounds of psychological incapacity.

Hello,

I would like to ask the validity of a civil marriage when the man is already married to another woman via muslim wedding more than a year before the civil wedding. The second woman is not a muslim.

Ains, the second marriage is not valid as it was a civil wedding, for it to be valid it should have been a Muslim marriage.

hi!My husband is american,he’s married with a filipina before here in Philippines.and he married me.Our marriage is register in NSO.is it valid?
even though he’s not annul with he’s first wife here?

Leah, it depends if your husband obtained a divorce in the US. If he obtained a divorce before marrying you your marriage is valid, if not your marriage is considered bigamous and not valid.

follow question

yes,he show a paper says (final judgement and decree from superior court of muscogee county state of Georgia) thats why we got married..
but is that really ok,even they married here in Philippines?,i thought even your american and got married here,you still have to follow Our Law here in Philippines to do the annulment process..And their Marriage Certificate still have the records at NSO.
And right now,he file divorce in US.
so,if i got the copy of are divorce from state,is that mean our marriage here is void already..can i get married right away with my bf??,or should i do what?

thanks..your really a blessing to us,who dont know anything about this thing,,thanks alot.

im filipina.. i married a korean man last 2007 in city hall of las pinas..and married in aglipay church..the problem is after 3 months i saw the family picture in his computer when i ask him…he told me his family in korea.. so i ddnt know that he is still married in korea living with his doughter 9 year old and his korean wife..he come here at philippines to work at amcor anam for 15 days and go back to korea…after i heard from his own mouth that he have family in korea he ddnt show me for a 1 year.. i report in city hall that his missing.. but after a moth i saw with my two eyes his living again with other woman in philippines what shouild i do… i still my married valid here at phillipines thanks…

Mhalditah, your marriage is not valid if your husband was still married to his first wife when he married you. You can file a petition for annulment on the grounds of bigamous marriage but you will have to give proof of your husband’s still valid first marriage. Even though your marriage is not valid only a judge can dissolve it.

hello, is my marriage contract valid? we just sign the paper, together with our witness (employee of the city hall) but their is no ceremonial happen? me and my gf only sign the MC. our marriage license take affect 9 days ago, and we already have registry number in the local civil registrar, pero di pa napapasok sa NSO, after 2 weeks pa, me and my gf now have a major problem that we encounter, both of us want to void or null our marriage..is there anyway to cut our marriage contract as possible? what shall we do to void or null our marriage? thank you very much

Brian, a marriage can only be voided or annulled by a judge. There is no such thing as automatic annulment. You will have to hire a lawyer to help you file a petition for annulment.

hi!,i recieved a paper from my american “husband” or i guess “ex-husband” we are married here in Philippines for a year and 7months till it last,i am a Filipino citizen,while he was obviously an American Citizen,and our marriage didnt work out.so we separated and get this far.the paper he sent issued by superior court of moscogee county State Of Georgia(final judgment and Decree) it says here that we can be remarry..does it mean i can remarry right away or any minute?,am i a free woman again?..or should i do what first?,

Ella, you will be eventually free if you hire a lawyer to file a petition for recognition of foreign divorce in court.

Hi, I got my first marriage to a married man in 1988 and bore no kids after few years I caught him having an affair with another woman so I decided to end our relationship. And few years later, he entered into another marriage in 1994 and this drives me to consult a lawyer on my case but I was advised that my previous marriage was null and void so it made confident to enter and marry my husband in 1985 since I was pregnant that time. Now, my question is this, I am applying for my immigrant status here and it appears on my cenomar that I had two previous marriages could be a ground that I won;t get my permanent status. I made my statement to justify my action based on the data stated on NSO and attached the docs to support my claim and also the NSO of my previous husband that states his three marriages. I appreciate your help to enlighten me on this. I didn’t file any annulment on my previous marriage when I entered my second marriage. And this worry me a lot. Thank you for your utmost help you can extend to me to have better understanding on my issue. God bless. Thank you so much.

Confused, your second marriage is not valid as it is bigamous. You need to annul both your first and second marriage and then remarry youyr second husband if you want to have a valid marriage with your present husband.

gud am attorney,,
regarding again to my case about my husband he live with other woman…here in phillpines.. what should the best i can do…to him.. do you think i have a right to file him a case or support from him??? second things is… i have a papers to show that he use a fake of singlenes… he show me that when i discover about his first wife in korea…
the third things is how about if he can still work here in phillipines… without working visa using our marriage.. but we ddnt stay at the same house…and what privillage can i get to him….???if i have??…

thanks and more power to your colom… im thankfull co”z i found this kind of colom now i have confidence to my self and not afraid to fight him…. even its hard…

hi,

i got married in july 24,2004 and my husband left for abroad by first week of august and came back by november 2004.

we did not got back together since that time., we had a lot of differences that we discovered after marriage and we never had a child, is it a ground for annullment? thanks

Noemi, separation is not grounds for annulment.

By Sophie Perez on November 19th, 2009 at 6:21 pm

Hi Attorney.

I need your advise badly before i call NSO for clarity about CENOMAR. I was annuled last APril 2009 and marriage certificate with annotation is sorted but when i requested for CENOMER it is writted that i yeilded 1 marriage mentioning the name of my ex husband. Does that mean that i still have marriage status and cannot remarry? Or after annulment should i expect that the information written in the CENOMAR should say i am already single?

Appreciate your advise.

thank you.

Sophie, once you receive the annulment decree you must inform the local marriage registrar in the city where you married and the NSO. If you do not give the NSO a copy of your annulment decree they can not know that you had an annulment. Afterward you must take the updates and ask the judge for a final decree of annulment.

Sophie

Hi, my husband and I was married almost two years ago.This is supposed to be a secret marriage. Right now, we are planning to get married again. I would like to ask, if I will be issued another certificate for my second marriage to him. I’m worried with the company I am with, I didn’t declared that I am married already when they hire me. Will I get another certificate for the church?

Hioney, the only secret in a secret marriage is that you did not tell anyone you are already married. You are already married, you can only marry once.

But we are planning to have another church wedding. Will I receive another certificate of marriage for that?
thanks
again

Honey, the church can issue its own certificate, but you can not receive another one for the civil marriage.

If the church will issue another certificate, does that mean, I will have two marriage certificates?thanks for accomodating my queries.

By Barbra Chua on November 23rd, 2009 at 2:17 pm

My husband is filing for annulment here in U.S. since he was married to a Lutheran but the problem is he was denied when in fact some of the cause why they divorced are to wit: He was 18 yrs. & the wife is 20 yrs. but after 2 yrs. of their marriaged his wife focus more on her college studies then later on masteral degree, no time for him so he was quite depressed & need attention, love & care. So he takes diff. drugs (marijuana & cocaine) and he had so many affairs to other women. They no longer have sex & romance & they always had a quarrel. He even had a psychological incapacity because of disgust & hatred to his wife. So after the divorce his wife married at once while he stays single for 5 yrs. before we met each other. That’s why he doesn’t want to marry an american woman. Can he re-apply for annulment case there in the Philippines since I’m a Filipina? We need only a blessings from the church no need of grand wedding ceremony so I can continue to receive Holy communion.

Thank you very much and GOD BLESS !!!!!!!

Barbra, your husband can only file a petition for annulment in the Philippines if he was married to a Filipina.

we married 1999 thru a judge in pasig and got a license using a fake address in pasig. thinking that the marriage is not valid we remarried in a ceremony with correct license.how can i cancel our previous marriage contract?tnx

Mie, no need to cancel your first marriage as it is a valid marriage.

Can a marriage be annulled if there was wrong information in the marriage certificate? For example, the place of birth is incorrect. I was told that it’s easy to annul if that’s the situation.

Thanks!

Mye, Wrong place of birth on the marriage certificate is not grounds for annulment.

If a man and women married in the RP marry in a civil ceromony become seperated and now the husband has remarried in a church ceromony some years later does his actions of remarriage increase the chances of the first marriage being annulled? The first wife is not married and is raising the children from her marriage to him..

Thanks,

Mike, the church marriage will not increase the chances of the first marriage being annulled.

hi!please help me im confused with my status, im decided to get married year 2000
i was 18 years old that time,i marry him without any consent of my parents,were been together for 8 years,but 2 years ago i decided to leave him, because hes hurting me physically and emotionally,after ayear were been separated i checked my marriage with him in nso, and found out that the nso has a file of my marriage with him, but i remember when i were been together one of his relative told me that he is married with the other girl then im confused with it, i checked it in the nso then found out that he is married with the other girl last 1995, so my married with him is null and void from the very start, my big question is can i marry other man without violating any law? and how can i clear my status in nso? can i use my maiden name again? please help me!!!! thanks!!!

Paulle, even though it appears that your marriage is bigamous and may be void, no marriage is void automatically. You need to file a petition for annulment on the grounds of bigamous marriage before you can use your maiden name again and remarry.

we were married last 1995 at ages 25 and 26 at the a room in the city hall because she got pregnant, after 3 mos. we remarried in church in full ceremony. after 14 years of marriage, just recently she filed a declaration of nullity of marriage based on article 35 paragraph 3 , her atty verified that there was no file of the marriage license stated on the marriage certificate claiming it is null and void in the first place. she is claiming for all the properties and custody of our 2 kids. she is planning to remarry to my kumpare. all these things happened during my 3 years stay here in the US. will the annulment push thru and will i have a claim in the properties and custody of kids?

Coolrj, the annulment hearings will take place in court whether or not you appear. You must immediately engage a lawyer to defend your rights to custody and property.

By Struggling Mom on December 22nd, 2009 at 12:59 pm

I am a mother of two, aged 6 and 10..estranged for the past 7yrs when pregnant with my second child. My spouse married in a Catholic Church in Dubai even if we are legally married here. What are the things/documents I need to prove bigamy? I have all the original documents from Saint Mary’s Church but I don’t know how to obtain documents from the Phil. Consulate/Embassy to prove such…They also have a son who was born there in Dubai in 2006. There is no support and no communication at all for the past 7 yrs, and i don’t know the whereabouts of my spouse but i have heard that he is already living here in the Phils since 2006. I want to file bigamy case as well as RA9262… Please advise how i go about the bigamy case to prosper…regards.

Mom, you can not file a bigamy case as the crime was committed in Dubai not in the Philippines. You can file a case of concubinage and the RA9262.

..now i realized how difficult it is to get marry and be married. my case is, i filed for the presumpitve death of my husband. but the sad part was somebody reported me to the embassy. now i need to re start another case, which is the nullity of marriage. do i need to re check the capacity of the solemnizing officer? where can i check the license of the officer? our marriage license was not existing frm the city where it was taken… i now have the trauma of filing another case… please help me of having the positive outlook on this case.

thank’s and more power!

for a clear info, somebody reported me to the embassy that my ex husband is still alive…. and that refuses me for obtaning a prospective partner visa. our marriage license was not listed in the city where it was taken, is this ground already accepted for nullity of marriage?… i hope that there’s really justice, i was separated at the age of 24, now i am 49. and we are separated for 25 years now…

thank’s….

Marion, almost all embassies will not issue a fiance visa to a person who obtained an annulment on the grounds of presumption of death.

im married in civil almost 5 years now. my husband is working abroad and our marriage is not working well. just recently, i had an affair with a single man and he wants to marry me. my question is…is civil marriage has a validity or expiration?

Missy, sorry no expiry date. you are married until your spouse passes or until you obtain an annulment.

hello, i filed my annulment last Aug 2008 and it takes longer coz of some postponement of hearings for some reasons…3rd witness scheduled last dec. but postponed again on jan…wanna ask…after this 3rd witness hearing, what will be the next? how long to wait for the final results?…tnx more power

Bayoj, you have to ask your lawyer those questions as he is the only one familiar with the case.

yes i know but the problem is i can talk to my ex-atty wife only …i dnt have much time to ask my new lawyer coz i trust ex-atty wife to work all 4 me…but wanna compare your and her answers…2 heads still better than 1…tnx

My husband(ex) and I got married 8 years ago. We never lived together and the marriage is unconsummated. Now, I want to know whether I have to file for an annulment or a nullity. Thank you.

Aniell, you are legally married, the only way to dissolve our marriage is to file a petition for annulment.

is it legal if our civil marriage was done in the garden but what is written in the marriage cert is the court?

Lady, your marriage is valid.

last june 2004 kmi ng ex-bf ko eh nagpunta sa city hall, nagsign kmi sa blank marriage contract pero me binigay kming birth certificate. wala kming witness and walang marriage license din. actually pinilit nya lang ako sa kasal n yun dahil paalis n cya ng ibang bansa 5 days after nun and cnsabi nya n ndi nya raw ako matutulungan sa pagpapagamot ng nanay ko n may cancer kung ndi ako magpapakasal sa kanya.. kapit sa patalim nko kc gusto ko gumaling ang nanay ko.
wala png one year his sisters told me na nakipag live-in nraw sa iba ung xbf ko. nag advice sa akin relatives nya n hiwalayan ko nlng raw dahil nakakaawa nraw ako…after 5 1/2 years bumalik cya d2 sa pilipinas. gusto nmin pareho ipwalang visa ung marriage contract nmin. pero wala po kaming marriage license talaga pero nakita sa NSO n naka register un. ndi po ba null and void from the start ung MC? meron npo akong anak ngaun at bagong partner.
pwede po bang grounds ung walang marriage license and then ndi kmi nagsama?
thank you and sana mabigyan nyo ako ng advice..

Dang, the absence of a marriage license is grounds for annulment.

Just want to ask if the time to process and cost of Null & Void the same as when you petition for Annulment?

Thanks.

Mr. Den, yes the cost is almost the same.

my husband is currently working abroad. due to personal differences and the fact that we are away from each other, we both decided to end our relationship for good last february 2009.we have two kids who both are under my care, and currently in a relationship. just a few days ago, my husband informed me that he will file for legal separation/annulment of marriage. my questions are:
1. we don’t have marriage license in our Marriage Certificate. as it was indicated there that there is no need to secure one under article 34 of civil code. fyi, we did not live together for 5 years. will this be enough to serve as grounds for annulment?
2. i am afraid he will use my having a new relationship against me and might take the full custody of my kids. will that be possible?
3. i got a misent text message from him supposedly for his gf abroad, can i use it should he make move to take my kids?

i hope you can answer my queries as i am needing good advices right now. thank you very much.

Lady_A, not having a marriage license is grounds for annulment. As for child custody the judge decision will be based on what will be the most beneficial for the children.

Hi, I am having a problem since my brother will have a church wedding in the U.S. but he is already married here in the Phil last 2006. He file divorce in the US for his marriage and divorce was granted since he dont have any communication with his wife in the Phils and due to Irreconcilable Differences. however the church is asking for declaration of nullity from the church here in the Phils for him to remarry again in the US. I would like to ask how long will it take for the declaration of nullity? Can I file the petition in behalf of my brother? Since I dont have any communication with his wife and I really dont know her whereabouts how can I file the case to her? Hope you can answer my queries since I only have short time left to arrange the papers.Thank you

Anna, a church annulment and a civil annulment are two different things. A civil annulment is decided by Judge in a family court. A church annulment is given by the church. You must contact the church where your brother married to find out the procedure of that church.

Hi,

Good afternoon. I found your email online, that if ever I have question regarding annulment I can email you. I have this problem, I was married in 2004 in Cebu City, my husband is a seaman, working abroad. We got married August 2004, after a month he went back to his work, went abroad. I then found out that he was communicating with his Ex-gf, and so I decided that we’d better live in separate ways. We don’t have a child, we never lived as husband and wife. It’s been 6 years now, we don’t have any communication, I don’t even know where he is right now. I only heard rumors that he filed an annulment for our marriage, yet that’s it. I wanted to ask:

*How can I nullify my marriage??
*What are thee possible ground in case of annulment??
*How much can I possibly spend??
*Can I file my annulment here in Davao instead??we got married in Cebu City…

Your answer is very much of help to me.

Thank you very much.

Meegan, first check with the NSO to see if your husband already obtained an annulment of your marriage. The correct place for you to file a petition for annulment is where you have been living for the last 6 months. The cost will depend on the lawyer you engage. The grounds should be discussed with our lawyer.

By nicks perez on January 10th, 2010 at 8:06 am

im 24 years old from Philippines and i got married last March 16, 2008 and we divorced September on the same year.. now he’s happily married to a filipina..

im planning to get married next year, what will i do? can you help me?

Nicks, if your husband was the one who applied for a divorce, you may be able to file a petition for recognition of foreign divorce.

i’m 6 months pregnant now. me and my partner want to get married before i give birth. the problem is he was married but no longer communication with the wife for 11 years now. he doesn’t even know where is the wife now. my partner was told by a family that the wife is appying for annulment before but he didn;t sign the papers for he is away/overseas for work. now, do we get a chance to get married?

May, check with the NSO to see if the wife did obtain an annulment. If not your partner will have to file a petition for annulment,

hello,

ganito po ang problema ko sir,pagka graduate ko ng high school sumama ako sa bf ko na may edad na.nabuntis ako at sa kagusthan nila na masunod sa apilyedo nila ang bata pinakasal kami sa huwes,17 years old palang ako pero ginawa nilang 26 ang edad ko.after 4 years umalis ako at mula noon wala na kaming communication.
more than 10 years na po kamin hiwalay ano po ang dapat kung gawin dahil na check ko sa nso may file sila at ganun din po ang edad ko ginawa nilang 26 kasi di po alam ng parents ko.sana matulungan ninyo ako.maraming salamat po in advance

Jane, you might be able to file for an annulment on the grounds of having been a minor when you married.

Hello, My husband and I got married last December and it is only today that we were able to get the Marriage Certificate from the church where we wed.

The Marriage Certificate states “26″ as my age when in fact i was 27 when we married.

The church secretary said she just copied what was stated in the marriage license (when we applied for the license i was only 26 so that was the age stated. my birthday took place after we applied for the license and before we got married)so she didnt take into account my actual age during the wedding date.

Question is, what are the legal implications of the wrong age stated in the marriage certificate? What should we do about it? The marriage certificate is already filed with the Civil registrar.

Thank you and sorry for the long comment. Hope to hear from you.

Danielle, no rectification is needed. If you really want to rectify the marriage certificate you can, it will take and will cost you.

By Confused Man on January 23rd, 2010 at 1:44 pm

Greetings!

This is my case: i was forced to sign a blank marriage contract in the house of my gf year feb2000 because she got pregnant. after that i never communicated nor cohabitated with her and she threatened me that she will file the marriage although there is NO solemnizing officer or ceremony that took place and we did not apply for a marriage license.

Then March 2004 i decided to get married legally with my present wife.we had all the requsites of marriage.

Ten years after I received a call my ex gf claiming that we were married and she want to file a case of bigamy if i will not give financial support to the alleged son and they forcing me to sign the birth certificate so that the chid can use my surname which i declined.

To check her claim, I went to NSO and filed for a cenomar and to my dismay the marriage to my ex gf was registered (june2000 date of marriage) and also to my current wife (march2004).

My questions are:
1. Is my marriage to my ex gf valid?

2. Is my marriage to my wife valid?

3. Can i file for a case of falsification of documenton to my ex gf since she acqured that marriage illegally?

4. If marriage to my wife is void for the grounds of bigamy then later on i proved that marriage to my ex-gf is void from the beginning what will be my status? will i go back to single? or my current wife marriage will be valid?

Plase help me im so confused now!!

Confused Man, as of now your first marriage is valid and your second marriage is not. your second marriage is bigamous. No marriage is void automatically, you must still file a petition for annulment. The absence of marriage license is grounds for annulment.

hi gud am..
was been married 6 yrs ago and it was done by a soleminizing officer {born again christian] but both of us is catholic and i found out the seleminizing officer has no license, now i am separated with my husband for 3 yrs im planning to get married again..
is that possible..?

thanks

Christyn, no matter if your marriage is valid or not, once it is registered you need to obtain an annulment if you wish to marry again.