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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Presumption of Death

Presumption of Death

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1Presumption of Death Empty Presumption of Death Thu May 03, 2012 4:29 am

Rectangle


Arresto Menor

Hi Atty,

I have been separated for more than 7 years with no communication with my estranged husband. I would like to file a declaration of presumptive death since he has not been in contact with us for years and I do not know where to find him.

I understand that should I marry, and once he re-appears, my 2nd marriage will be considered as void.

Questions:
1. What does he need to do to render my 2nd marriage as void?
2. What if he does not want to do anything about it? Did not report that he is still alive?

2Presumption of Death Empty Re: Presumption of Death Thu May 03, 2012 11:29 pm

ibonidarna

ibonidarna
Reclusion Perpetua

My answers:
1. Go to the LCR and prove that he is still alive.
2. Then your second marriage will still be valid.

3Presumption of Death Empty Re: Presumption of Death Fri May 04, 2012 2:27 am

Rectangle


Arresto Menor

Thanks! Just a follow up, what do I need to do to prove that I do not know if he is still alive? I am aware that I need to exhaust all efforts but I do not remember where he lives and do not have contact with any of his family. He no longer works for the company that he used to work for as well.

Will the court investigate? How?

We have also have a 9 year old daughter and she wants to change her surname to my maiden name. Can I do that even if the marriage is not annulled or the case for presumptive death is not yet final?

Thanks again.

4Presumption of Death Empty Re: Presumption of Death Thu Feb 12, 2015 1:59 pm

leolady


Arresto Menor

dear atty,

my husband was missing for 27 years now, and no news about him until now. can i file for a presumption of death since i want to marry again. pleas help me i do not know what to do. what do you think is the best way possible to do.

thank you so much

5Presumption of Death Empty Re: Presumption of Death Thu Feb 12, 2015 3:44 pm

Katrina288


Reclusion Perpetua

leolady wrote:dear atty,

my husband was missing for 27 years now, and no news about him until now. can i file for a presumption of death since i want to marry again. pleas help me i do not know what to do. what do you think is the best way possible to do.

thank you so much

Hi,

Yes you can do so, provided that you have sufficient evidence that you exerted efforts in locating him.

You may also send a direct email to km@kgmlegal.ph

Best regards,
Atty. Katrina

http://www.kgmlegal.ph

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