Pinoymale Posted October 16, 2011 Share Posted October 16, 2011 questions po: pag legally separated na. pwede na ba maki live in ang guy (no longer concubinage)? no interest to re-marry Legally separated couples are entitled to live separately from one another. There is no law that prohibits a legally separated husband from living with someone else. pag no legal separation but already separately living for number of years. pwede na ba maki live-in ang guy (no longer concubinage)? no interest to re-marry tia The husband may be guilty of concubinage. There is concubinage only in any of the following instances: 1. when the husband keeps a mistress in the conjugal dwelling 2. when the husband has sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or 3. when the husband cohabits with her in any other place. Quote Link to comment
equipped Posted November 1, 2011 Share Posted November 1, 2011 may naka live in po ako b4 nagkaron kami ng 2 kids. after 3 years my pinirmahan akong marriage contract bago ako umalis to work abroad. para daw mailipat sa surname ko ang mga anak ko. after 12 years nag decided kaming maghiwalay and now may bago na akong ka live in. ang problema gusto ko sana pakasalan na ang partner ko ngaun. kelangan ko pa po ba mag file ng annulment? kung may mali ang name ng girl sa marriage contract? like if her name is kelly marie dela cruz pero ang nakasulat sa marriage contract is kelly dela cruz lang pati ung wedding date namin is sept. 30. pero umalis ako sa pilipinas to work abroad nga august 06. gusto ko nga po sana kumuha ng CENOMAR sa NSO kasi baka married ang status ko tapos sya single pa din. sana po mabigyan nyo ako ng payo.. salamat po. Quote Link to comment
Pinoymale Posted November 2, 2011 Share Posted November 2, 2011 may naka live in po ako b4 nagkaron kami ng 2 kids. after 3 years my pinirmahan akong marriage contract bago ako umalis to work abroad. para daw mailipat sa surname ko ang mga anak ko. after 12 years nag decided kaming maghiwalay and now may bago na akong ka live in. ang problema gusto ko sana pakasalan na ang partner ko ngaun. kelangan ko pa po ba mag file ng annulment? kung may mali ang name ng girl sa marriage contract? like if her name is kelly marie dela cruz pero ang nakasulat sa marriage contract is kelly dela cruz lang pati ung wedding date namin is sept. 30. pero umalis ako sa pilipinas to work abroad nga august 06. gusto ko nga po sana kumuha ng CENOMAR sa NSO kasi baka married ang status ko tapos sya single pa din. sana po mabigyan nyo ako ng payo.. salamat po. You should check first if you have a valid marriage license. If you don't then your marriage is void. Also, if you only signed a marriage contract but there was no actual wedding ceremony then your marriage is also void. If there is no marriage license or wedding ceremony then you can file a petition to have your marriage declared void. Quote Link to comment
equipped Posted November 4, 2011 Share Posted November 4, 2011 You should check first if you have a valid marriage license. If you don't then your marriage is void. Also, if you only signed a marriage contract but there was no actual wedding ceremony then your marriage is also void. If there is no marriage license or wedding ceremony then you can file a petition to have your marriage declared void. Thanks po can i ask if i need a lawyer to file a petition? as far i know our marriage contract is registered. but theres a discrepancy in her name Quote Link to comment
Pinoymale Posted November 4, 2011 Share Posted November 4, 2011 Thanks po can i ask if i need a lawyer to file a petition? as far i know our marriage contract is registered. but theres a discrepancy in her name It's a good idea to get a lawyer to help file the petition, you may make a simple mistake that will cause your petition to be dismissed. If it's just a discrepancy, this is not a ground for annulment, the discrepancy will just be corrected. Quote Link to comment
teban Posted November 5, 2011 Share Posted November 5, 2011 mga sir meron nadidiscuss si Attorney Mel sa 92.3 na pwede daw magfile ng annulment na presumptive dead yung partner mo after 5 or more years of separation. Is this process easier and cheaper than that of the standard annulment process? Quote Link to comment
Pinoymale Posted November 5, 2011 Share Posted November 5, 2011 mga sir meron nadidiscuss si Attorney Mel sa 92.3 na pwede daw magfile ng annulment na presumptive dead yung partner mo after 5 or more years of separation. Is this process easier and cheaper than that of the standard annulment process? In this case filing for annulment is unnecessary. All the surviving spouse needs to do is have the missing spouse be judicially declared dead and the marriage is terminated. Quote Link to comment
teban Posted November 11, 2011 Share Posted November 11, 2011 So that would mean miniml cost na lang sya. pero anu po ba ang kelangan na process nito para magkaroon ng grounds sa court? Quote Link to comment
King`Of`Klubbs Posted November 11, 2011 Share Posted November 11, 2011 Sa pagkakaalam ko, if you file for presumption of death of spouse then nagpakasal ka sa iba, ok na yun. PERO kung biglang lilitaw ang dati mong asawa, mapapawalang bisa yung pangalawang kasal mo at babalik ang dating status mo sa unang asawa mo. Quote Link to comment
rocco69 Posted November 12, 2011 Share Posted November 12, 2011 Sa presumption of death, kailangan mong maghain c hukuman ng petisyon para ipadeklara ang iyong nawawalang asawa na siya ay "ipinapalagay na patay". Kailangan mong patunayan c hukuman na may malakas kang paniniwala na patay na ang nawawala mong asawa. Sa madaling salita, kung naghiwalay lang kayo ng asawa mo at hindi ito nawawala, walang kang basehan para maghain c korte ng ganitong petisyon. Quote Link to comment
lawenta Posted November 28, 2011 Share Posted November 28, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Quote Link to comment
MODERATOR bonito99 Posted November 29, 2011 MODERATOR Share Posted November 29, 2011 Bar exam question? Quote Link to comment
lawenta Posted December 4, 2011 Share Posted December 4, 2011 Bar exam question?No sir... Actual case... Quote Link to comment
friendly0603 Posted December 4, 2011 Share Posted December 4, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B?1. Yes, they can. Divorce is allowed in Canada. Even if they were married in the philippines, they can get get divorced wherever it's allowed.As far as the philippines is concerned, I'm not sure sinfce it wasn't registered. If it was, they are still considered married "only in the philippines." Anywhere else, they are divorced. Quote Link to comment
diar Posted December 9, 2011 Share Posted December 9, 2011 Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Divorce in Canada will have no binding effect between A and B. Under the Civil Code Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Marriage being related to family rights, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines even though living in Canada. The Philippines do not allow divorce hence divorce can not be obtained by any Filipino citizen wherever he may be.The non registration of their marriage in the Philippines does not bear any weight. They are still considered married here in the Philippines. Colud someone please help me with this question/ problem: A and B are Filipinos who are now immigrant of Canada. They got married in Canada. Can they file for divorce in Canada? 1. They are still Filipino citizen 2. They did not have their marriage registered in the Philippines What will be your legal advise for A and B? Divorce in Canada will have no binding effect between A and B. Under the Civil Code Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Marriage being related to family rights, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines even though living in Canada. The Philippines do not allow divorce hence divorce can not be obtained by any Filipino citizen wherever he may be.The non registration of their marriage in the Philippines does not bear any weight. They are still considered married here in the Philippines. Quote Link to comment
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