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1deleting posts Empty deleting posts Sun Oct 31, 2010 2:26 am

jennetsandiego


Arresto Menor

sorry for deleting message



Last edited by jennetsandiego on Sun Feb 03, 2013 12:25 am; edited 1 time in total (Reason for editing : personal)

2deleting posts Empty Re: deleting posts Sun Oct 31, 2010 10:47 pm

yonni143


Arresto Menor

Absence of marriage license renders the marriage void ab initio(invalid from the very beginning). However, their are exemptions under
Chapter 2(Marriages Exempted from License Requirement)
of the Family Code which requires no marriage license.



Last edited by yonni143 on Mon Nov 01, 2010 12:46 pm; edited 4 times in total

3deleting posts Empty deleting posts Mon Nov 01, 2010 5:12 am

jennetsandiego


Arresto Menor

delete



Last edited by jennetsandiego on Sun Feb 03, 2013 12:27 am; edited 1 time in total (Reason for editing : personal)

4deleting posts Empty Re: deleting posts Mon Nov 01, 2010 12:28 pm

yonni143


Arresto Menor

Since it is a typo, the legality of marriage should not be affected.
The marriage is still VALID even with this typo error. (entered in good faith by both parties).This error can be corrected though

But since they failed to secure a valid marriage license at the time of the solemnization of their marriage, their marriage is Invalid from the start, unless their marriage falls under Chapter 2 of the Family code which requires no License


Only the court has the authority to declare the marriage as VOID. If indeed the marriage was void because of the absence of License, your friend should file a "declaration of absolute Nullity" in the appropriate court so that their marriage be annuled as if no marriage had happened. Thereafter, he can obtain a CENOMOR from NSO

5deleting posts Empty Re: deleting posts Tue Nov 02, 2010 10:19 am

attyLLL


moderator

jennet, what happened to the couple? they separated? jephry doesn't want the marriage to be valid or he wants to correct the problem?

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6deleting posts Empty @ attyLLL Wed Nov 03, 2010 1:09 am

jennetsandiego


Arresto Menor

he doesn't the marriage to be valid. he told me that the marriage ceremony just happen in the reunion of the girls family... even his family were shock they were get married to fast. if in case, the name will not be corrected anymore, is there any possibility that he can request for a CENOMAR?

7deleting posts Empty Re: deleting posts Wed Nov 03, 2010 12:16 pm

attyLLL


moderator

this is a very delicate situation. the only reason he may be able to get a CENOMAR is due to the wrong spelling, but that wrongly spelled name refers to him. he could become liable for bigamy if he remarries.

the safer route is to have the first marriage declared annulled. good luck.

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