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Written agreement to be with somebody other than the husband

3 posters

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engrI


Arresto Menor

Atty, may girlfriend po ako, hiwalay na sya ng husband nya for over a year, she is planning to file for annulment, but for the time being, nagpagawa sya ng written agreement signed by the ex-husband at sya with witnesses also na they can enter into another relationship na, gusto lang kasi maka cgurado ng girlfriend ko na hindi sya makasuhan ng adultery. Will this hold in court just in case nagbago isip ng ex-husband nya at bigla nalang cya kakasuhan ng adultery?

attyLLL


moderator

yes, it will as a defense against adultery.

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engrI


Arresto Menor

thank you po

attyjoyce


Reclusion Perpetua

Hi engrI,

The written agreement signed by your girlfriend and her husband is not valid because it is contrary to law, public order, public policy, morals, or good customs. She should be annulled first before she can legally enter into new relationship or marriage to avoid criminal prosecution.

For more free legal information about family and marriage, you may visit www.domingo-law.com

http://www.domingo-law.com

engrI


Arresto Menor

but can't it be considered a consent from the husband if he signed it?

attyLLL


moderator

attyjoyce is completely correct that it is not a valid agreement. in fact, any lawyer who notarizes it will be suspended.

but as a defense against a charge of adultery, imo, it can be used as valid defense to prove consent.

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