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About my marriage contract

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1About my marriage contract Empty About my marriage contract Thu Jul 16, 2009 9:38 am

pencilpusher


Arresto Menor

Early this year, I secured a secpa copy of my marriage cert. I noticed a caption at the side of it that read: "This is the second marriage of the same couple, which is regarded as merely ceremonial. The true and legal record of their marriage was on (date-1996) at (place) which was officiated by (name of judge), under registry no.****.

The year of this marriage cert. was 1999. Then I remembered during our college days, my x decided we get married (kind of secret marriage). During that time I just thought that was only sort of not "that legal" because the secretary of the judge "adjusted our age' so it doe not need parental consent (maybe).

Now, since we are "separated' and not in good terms, I asked a favor with a friend who has a friend at the Local Civil Registrar. At first that friend said it seemed our name and the date of the first marriage was "not in the computer'. Then she asked me to provide the registry number stated at the second marriage cert. BTW both marriage were civil. Then until now I was not updated by my friend. I thought maybe that first marriage was not really registered. It's possible, right?

My question is, should I consider the second marriage null and void? Since it says it was 'merely ceremonial'. Or should I have it annulled? Magastos magpa annull d ba :-) Or baka meron paraan na mas madali lng,granting na d na pala registered yung una which is regarded as true and legal record. Pls help. Thanks

2About my marriage contract Empty Re: About my marriage contract Fri Jul 17, 2009 5:45 pm

attybutterbean


moderator

First things first, the absence of a marriage certificate does not make the marriage void. A marriage certificate serves only as an evidence of the marriage. The marriage may be proven by other evidence such as testimony of persons, pictures of marriage ceremony, etc.

In any case, it would appear that your first marriage has been recorded. Otherwise, the statement, "This is the second marriage of the same couple, which is regarded as merely ceremonial. xxx" would not have appeared in the marriage certificate dated 1999.

One of the grounds for annulment is the absence of parental consent if the party to a marriage is between 18-21 years old. However, the defect in the marriage may be ratified if the parties freely cohabit upon reaching 21 years of age. In your case, the fact that you married your husband for a second time clearly shows that you freely cohabited with him upon reaching 21 years old. Therefore, annulment on the ground of absence of parental consent is no longer feasible.

As stated in your marriage certificate, the second marriage is merely ceremonial. It does not necessarily mean null and void.

If you no longer want to be bound by your marriage, you should talk to a lawyer for an interview to determine if you have other grounds for nullity/annulment of your marriage. The most common ground being used (especially if all other grounds do not apply) is psychological incapacity of one or both spouses to comply with the marital obligation.

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