Written agreement to be with somebody other than the husband

engrI

engrI

Arresto Menor

Posts : 3
Join date : 27/03/2013

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

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

yes, it will as a defense against adultery.

engrI

engrI

Arresto Menor

Posts : 3
Join date : 27/03/2013

thank you po

attyjoyce

attyjoyce

Reclusion Perpetua

Posts : 305
Join date : 04/06/2010
Location : Makati City, Philippines

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

engrI

engrI

Arresto Menor

Posts : 3
Join date : 27/03/2013

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

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

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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Written agreement to be with somebody other than the husband

1 Written agreement to be with somebody other than the husband Wed Mar 27, 2013 10:41 am

engrI

2 Re: Written agreement to be with somebody other than the husband Wed Mar 27, 2013 11:30 am

attyLLL

3 Re: Written agreement to be with somebody other than the husband Wed Mar 27, 2013 11:42 am

engrI

4 Re: Written agreement to be with somebody other than the husband Wed Mar 27, 2013 2:00 pm

attyjoyce

5 Re: Written agreement to be with somebody other than the husband Thu Mar 28, 2013 10:34 am

engrI

6 Re: Written agreement to be with somebody other than the husband Thu Mar 28, 2013 4:59 pm

attyLLL

7 Re: Written agreement to be with somebody other than the husband

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