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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » legality of marriage

legality of marriage

3 posters

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1legality of marriage Empty legality of marriage Sat Dec 01, 2012 8:06 pm

fvjson


Arresto Menor

good day,

I have question regarding our marriage ligality, below is the situation.

We get married last 2002 not knowing that my spouse is still married to a foreign national abroad. My spouse got the divorse last 2005 and now we are applying for family reunification. The question now is that our marriage is not legal therefore they can not grant us the family reunifacation.

Question:
1.Is our marriage last 2002 is not legal even though the marriage of my spouse is divorsed since 2005?
2.What is the easiest way if our marriage is not legal to make it legal.

thank you in advance.

2legality of marriage Empty Re: legality of marriage Sun Dec 02, 2012 8:56 pm

attyLLL


moderator

the proper step will be to file a petition for recognition of the divorce before the court

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

3legality of marriage Empty Re: legality of marriage Mon Dec 03, 2012 5:49 pm

fvjson


Arresto Menor

attyLLL wrote:the proper step will be to file a petition for recognition of the divorce before the court

thank you,

does this means that once the divorse was recognize by the court that is the only time that our marriage will be legal? how long the process will take?

thank you
json

4legality of marriage Empty Re: legality of marriage Tue Dec 04, 2012 9:50 pm

attyLLL


moderator

there are differing trains of thought on what to do with your first marriage. definitely it is void because there was a subsisting marriage, but the only persons who can question it is you and your wife and possibly your heirs when you die.

some opine you can get married again

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

5legality of marriage Empty Re: legality of marriage Mon Dec 10, 2012 9:46 pm

fvjson


Arresto Menor

thank you but can you give me an advise that it will not take long years of processing and not cost to much.

Get married again means annul the first marriage but annulment takes up to 3 years or more and cost to much.

thank you again
json

6legality of marriage Empty Re: legality of marriage Tue Dec 11, 2012 10:35 pm

attyLLL


moderator

the other spouse dying would solve the problem.

unfortunately, there is no other way except through the courts

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

7legality of marriage Empty Re: legality of marriage Tue Dec 11, 2012 11:07 pm

fvjson


Arresto Menor

thanks very much

8legality of marriage Empty Re: legality of marriage Mon Feb 04, 2013 9:58 pm

fvjson


Arresto Menor

just a follow up question on my case,
> what if we get married again, thus this will solve the previous bigamus marriage since we were denied because our marriage is bigamus.

thanks in advance

9legality of marriage Empty Re: legality of marriage Tue Feb 05, 2013 12:32 am

ibonidarna

ibonidarna
Reclusion Perpetua

If you do that, IMO you would be liable for bigamy. The law defines bigamy as contracting a second or subsequent marriage before the former marriage has been legally dissolved.
Better have the earlier marriage nullified, then marry each other again.

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