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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Marriage: Still valid or invalid?

Marriage: Still valid or invalid?

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1Marriage: Still valid or invalid? Empty Marriage: Still valid or invalid? Wed Apr 18, 2012 9:14 pm

lalaloopsy


Arresto Menor

Hello po, here po ako ulit.

Ibang issue naman po and I hope as well that you can also help me with this one.

My partner and I lived together for almost 11 years now and we had 2 kids, the eldest is 10 and the youngest is 5. He was married last 1998 and they were separated after a year (I think they live for almost 10 months? Very Happy ), they had a child as well. After that, there has been no communication since then. How can we consider this, is their marriage still valid or already invalid?

2Marriage: Still valid or invalid? Empty Re: Marriage: Still valid or invalid? Wed Apr 18, 2012 10:08 pm

admiral thrawn

admiral thrawn
moderator

The marriage of your partner is valid regardless of the time they actually live together. I assume that your partner entered a valid marriage with the other girl.

Only through a court judgement by virtue of a case either for absolute nullity or annulment, that a marriage is declared null and void.This is absent in your partners case hence he is still considered married.

3Marriage: Still valid or invalid? Empty Re: Marriage: Still valid or invalid? Wed Apr 18, 2012 11:26 pm

lalaloopsy


Arresto Menor

Hi Admiral Thrawn, thank you very much for the reply. Any other advise on how to make their previous marriage null, an easier way than court judgement? I just asked because we all know that here in the Philippines, nullity of marriage is very difficult to achieve if we do not have all the means.

Another is, how can we say that a marriage is "valid" or not?? Thanks!

4Marriage: Still valid or invalid? Empty Re: Marriage: Still valid or invalid? Thu Apr 19, 2012 8:46 am

admiral thrawn

admiral thrawn
moderator

Only the court can declare what is valid or not

as to how, just like any other case you need to present proof that will prove that the marriage is null and void. the family code, which you should peruse, will give you an idea as to what marriages are void.

5Marriage: Still valid or invalid? Empty Re: Marriage: Still valid or invalid? Thu Apr 19, 2012 8:29 pm

lalaloopsy


Arresto Menor

thanks.... Surprised

6Marriage: Still valid or invalid? Empty Re: Marriage: Still valid or invalid? Thu Apr 19, 2012 10:02 pm

attyLLL


moderator

http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

https://www.facebook.com/BPOEmployeeAdvocate/

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