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Concubinage/adultery against my boyfriend's ex-wife.

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shengDC


Arresto Menor

The girl is half Filipino - half Japanese and lives in Japan. She is also a Japanese Citizen.

They had a Civil Marriage here in Cabanatuan City Hall, March 2, 2013. The girl was only 18 and my boyfriend is 19 but with a consent from their parents. March 4 the girl flight back from Japan. After 1 month the girl got engaged from another guy at japan and got pregnant by that man. 2014, the girl gave birth to a baby girl from the guy he got engaged and they are now MARRIED and it turned out that it was the girl's first marriage and that his legal husband is the guy from japan and not my boyfriend because she didn't passed the Certificate Marriage she had here in Philippines.

She had no contact with my boyfriend, because my boyfriend doesn't want too.. but he knows that the girl is trying to be friends with me and she is the one who told me that he got married to another guy and she didn't passed their certificate of marriage and their pictures with their babies are visible on FACEBOOK..  

What can we do to get married legally? Sad Can we file a concubinage? We don't have money for annulment. We started seeing each other December 2015, and now we are having our first baby on July.

- Their marriage cannot be void because they have their parents consent.
- The girl cannot file a divorce in Japan because she did not passed their Certificate of Marriage.
- Annulment? We don't have money for that.

PLEASE HELP US. Crying or Very sad

xtianjames


Reclusion Perpetua

if the first marriage was registered, then there is no other choice but to get annulment. keep in mind that you have to have valid grounds when you file an annulment case.

if you are an indigent citizen, you may be eligible for PAO's services. visit their office.

Jadis

Jadis
Reclusion Perpetua

1. You are delusional if you think that the second marriage is the first marriage. Obviously, your boyfriend married this person FIRST before she got married again, so do not fool yourself into thinking that the marriage in the Philippines is invalid.

2. Records in the Philippines of your boyfriend's marriage exist, and for all legal intents and purposes, your boyfriend is still MARRIED.

3. CONCUBINAGE is FILED BY THE WIFE against her husband and the husband's concubine, NOT the other way around.

Even if you file a case of adultery against your husband's wife, you will have jurisdictional issues because the crime was committed abroad, and only crimes committed within the Philippines, could be prosecuted here save for a few exceptions. Adultery is not one of them.

4. Your boyfriend has no choice but to have his marriage declared null and void (and it looks like your only ground is psychological incapacity).

Where I am practicing, it is the policy of the Public Attorney's Office not to represent the Petitioner in a declaration of nullity because asking for a declaration of nullity is not a case for the indigent (it will cost money to pursue this case - you have to pay the filing fees, and more often than usual, the services of an expert witness).

shengDC


Arresto Menor

Thank you all for the replies (xtianjames & Jadis). I really appreciate it.

Madam/ Ms./Attorney Jadis. Just so you know.. it wasn't me who told that the second marriage is the first marriage. It is very clear to me that they are MARRIED, therefore I am not delusional.  Sad

How about De facto separation? Sad


Jadis wrote:1. You are delusional if you think that the second marriage is the first marriage. Obviously, your boyfriend married this person FIRST before she got married again, so do not fool yourself into thinking that the marriage in the Philippines is invalid.

2. Records in the Philippines of your boyfriend's marriage exist, and for all legal intents and purposes, your boyfriend is still MARRIED.

3. CONCUBINAGE is FILED BY THE WIFE against her husband and the husband's concubine, NOT the other way around.

Even if you file a case of adultery against your husband's wife, you will have jurisdictional issues because the crime was committed abroad, and only crimes committed within the Philippines, could be prosecuted here save for a few exceptions. Adultery is not one of them.

4. Your boyfriend has no choice but to have his marriage declared null and void (and it looks like your only ground is psychological incapacity).

Where I am practicing, it is the policy of the Public Attorney's Office not to represent the Petitioner in a declaration of nullity because asking for a declaration of nullity is not a case for the indigent (it will cost money to pursue this case -  you have to pay the filing fees, and more often than usual, the services of an expert witness).

Jadis

Jadis
Reclusion Perpetua

It is actually the second marriage of this person that is void.

Even if they are separated de facto, there are legal consequences if you continue your relationship with your boyfriend, who is MARRIED to someone else.

1. Your children will be illegitimate.
2. Whatever properties your boyfriend would acquire will belong to the community property of his marriage.

shengDC


Arresto Menor

Do you have any idea how much annulment will cost? Question Question Question Question
I guess we will end up with Annulment then.. Sad

Then the girl is lucky because she had the chance to get married without dealing complicated things like this.

Jadis

Jadis
Reclusion Perpetua

I just said declaration of nullity. An annulment is different from a declaration of nullity. You will have to prepare up to P500,000 for this case. Some people spend more, some people say they spend less, but most often, they spend more.

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