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Is my marriage void? Solemnized by mayor's proxy.

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kratos


Arresto Menor

Hi Atty,

I really want to pursue on filing nullification of my marriage but I just wanted to know my chances of favorable decision and how to find first the person who solemnized our civil marriage.

We were civilly married last 2007, together with other couples I think more than 10 couples. The person who solemnized our wedding was not actually the mayor, I don't know who he was and if he was authorized to do such. But as we already had the marriage certificate, it was signed by the mayor as solemnizer but he was really absent that time. The person who really solemnized just have a small sign besides the mayor's name. My point is that, if the proxy was an authorized one, then his name and sign as solemnizer should have been enough, why it has to be still signed by the mayor?

I am working in abroad right now, I am already separated with my wife for almost three years. I already have a new partner and I reallt want to marry her but I have to pursue this case first. My mother tried to went to the City Hall to inquire about that person, but as we know some government personnel will not exert much effort on small cases like this. She was informed that all City Hall's personnel are being replaced everytime there will be a new mayor, and no one there knows whose that signature belongs. My mother also was not able to find a picture on our wedding together with that person. I don't know what to do but I think that is the first step, on finding who really was that person, if authorized or not.

I badly needed your advice attorney. Thank you very much.

kratos


Arresto Menor

I also want to ask how much does this kind of case usually costs, thank you attorney

attyLLL


moderator

if the ground will be that the solemnizing officer had no authority, it has to be shown that both the bride and groom believed that he had no authority at the time of the ceremony. a bit difficult to prove

some others did not have a marriage license at the time of the ceremony

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kratos


Arresto Menor

Does this mean attorney that anyone is allowed to solemnize a wedding as long as both parties believed that he is authorized? Where will the formal requisite of marriage (authority of solemnizer) falls in this kind of situation? Thank you for your response.

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