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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » double marriage in one person

double marriage in one person

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1double marriage in one person Empty double marriage in one person Wed Mar 16, 2011 3:40 pm

beth_quilet


Arresto Menor

kasal po ako last 1999 at ang napangasawa ko ay may unang kasal s simbahan last 1976.wala silang record sa nso at kami ay meron sa civil at sa nso.kumuha ako ng cenomar nung babaeng pinakasalan nya at lumalabas na single pa rin cya at kumuha rin ako ng cenomar ng asawa ko at lumabas dun na ako lang ang pinakasalan nya.maituturing b na legal ang kasal namin at walang karapatang maghabol ang una nyang pinakasalan?

2double marriage in one person Empty Re: double marriage in one person Fri Mar 18, 2011 10:14 pm

attyLLL


moderator

non-registration of marriage with the civil registrar is not required in order that a marriage be valid. did the first marriage have a marriage license and a marriage contract?

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3double marriage in one person Empty Re: double marriage in one person Tue Mar 22, 2011 7:34 pm

strawb


Arresto Menor

attyLLL wrote:non-registration of marriage with the civil registrar is not required in order that a marriage be valid. did the first marriage have a marriage license and a marriage contract?
- If so, does it mean the 2nd marriage is invalid? The marriage contract (or the one that has to be registered to the civil registrar) has been torn by my then husband. My former husband and I lived under 1 roof for only 6months and has no communication for 6 years. How can I void or invalidate the 1st marriage?

4double marriage in one person Empty Re: double marriage in one person Wed Mar 23, 2011 1:53 am

attyLLL


moderator

strawb, aside from the marriage contract, did you apply for a marriage license at city hall?

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5double marriage in one person Empty Re: double marriage in one person Wed Mar 23, 2011 7:27 am

lOst_StuDent


Prision Correccional

If I may add lang atty, a marriage certificate or contract is a only proof of marriage. It is a not a requisite for a marriage to be valid. A marriage can be proved by other evidences such as photos and testimonies. So it doesn't mean that if you do not have the certificate or if the marriage is not registered with NSO, there's no marriage to speak of.

The formal requisites of marriage are marriage license, ceremony and solemnizing officer. Kaya tinatanong ni atty kung may marriage license ka kasi baka ito ang may problema. Sana nakatulong ako..Smile

6double marriage in one person Empty Re: double marriage in one person Wed Mar 23, 2011 5:21 pm

strawb


Arresto Menor

Sorry, I didn't know the diff. between the license and the contract. Or I forgot after the seminar. Anyway, if that is the form we filled up upon application of marriage before having the rites, then maybe we do have a marriage license which we don't have copy of. So it's possible the city hall has a copy, is that right? City hall having a copy of it means the marriage is valid? And the 2nd marriage, invalid? Thanks in advance

7double marriage in one person Empty Re: double marriage in one person Thu Mar 24, 2011 7:44 am

lOst_StuDent


Prision Correccional

The marriage license is what you apply for before you marry. A marriage contract is what you get after you get married. It is a contract between you and your spouse, signed by the solemnizing officer and the witnesses.

A valid marriage renders the subsequent marriage void from the beginning. Even an invalid marriage must be first declared as such before a party can contract a subsequent marriage based from the Family Code.

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