AsILayDying Posted September 5, 2009 Share Posted September 5, 2009 Thanks for the answer... In case there is such a "license"... Should we have a copy of it? Who should I contact to know if we were issued a license? Quote Link to comment
swami Posted September 7, 2009 Share Posted September 7, 2009 Thanks for the answer... In case there is such a "license"... Should we have a copy of it? Who should I contact to know if we were issued a license? Should you have a copy of it? No. You don't need to have a copy of it. It serves no purpose but to authorize the solemnizing officer to officiate the marriage. Once the marriage has been celebrated, the marriage license has no purpose anymore. As I said, I'm not sure if the civil registrar is supposed to retain a copy of it. I'm still single, and therefore, not really familiar with the marriage license procurement procedure. Quote Link to comment
SamanthaJones Posted September 20, 2009 Share Posted September 20, 2009 Does one still have to get annulment for a 2nd marriage even if it was already null and void at the start because of an existing marriage prior to it? If the 1st marriage gets annulled, does it mean the 2nd marriage gets legit automatically? Quote Link to comment
swami Posted September 21, 2009 Share Posted September 21, 2009 Does one still have to get annulment for a 2nd marriage even if it was already null and void at the start because of an existing marriage prior to it? If the 1st marriage gets annulled, does it mean the 2nd marriage gets legit automatically? 1. Yes, you still have to secure a judicial declaration of nullity for the second marriage even though it's null and void from the beginning. The rationale is that people should not be permitted to suppose/assume that their marriage is void, in view of the intricacies of the law. 2. The 2nd marriage does not become legal at all, should the first marriage be annulled. It continues to be null and void, having been contracted with a prior marriage still subsisting. Quote Link to comment
SamanthaJones Posted September 21, 2009 Share Posted September 21, 2009 1. Yes, you still have to secure a judicial declaration of nullity for the second marriage even though it's null and void from the beginning. The rationale is that people should not be permitted to suppose/assume that their marriage is void, in view of the intricacies of the law. 2. The 2nd marriage does not become legal at all, should the first marriage be annulled. It continues to be null and void, having been contracted with a prior marriage still subsisting. thanks for answering my queries... Quote Link to comment
paolonaz Posted September 28, 2009 Share Posted September 28, 2009 hi sir, whats the probability of an annulment being denied? thanks.... Quote Link to comment
swami Posted September 30, 2009 Share Posted September 30, 2009 hi sir, whats the probability of an annulment being denied? thanks.... Since the enactment of the Family Code, which introduced the concept of annulment in our shores, in 1987, there were only about 3 cases decided by the Supreme Court, annuling the marriage on the ground of psychological incapcity (the most common ground). In fact, late until 2007, there was only 1 decision, the other 2 cases having been decided only in the last 2 years. So, if the case were to reach the Supreme Court, chances are, the petition for annulment will be denied. Quote Link to comment
mickeyren Posted October 5, 2009 Share Posted October 5, 2009 Hi! can these 2 matters be grounds for psychological incapacity? 1. I wasn't in-love in the first place to my wife when we got married.2. I was having an affair with someone else throughout our engagement period until the day we got married? Thanks in advance! Quote Link to comment
swami Posted October 6, 2009 Share Posted October 6, 2009 Hi! can these 2 matters be grounds for psychological incapacity? 1. I wasn't in-love in the first place to my wife when we got married.2. I was having an affair with someone else throughout our engagement period until the day we got married? Thanks in advance! 1. No. 2. That may indicate psychological incapacity on your part. So, yes, that may be a ground for annulment of your marriage. OT: dude, why did you marry her if you don't love her? Quote Link to comment
rocco69 Posted October 6, 2009 Share Posted October 6, 2009 If you ended the affair when you got married, I doubt that it would qualify as psychological incapacity. Had it continued even after your marriage, it could have been. Hi! can these 2 matters be grounds for psychological incapacity? 1. I wasn't in-love in the first place to my wife when we got married.2. I was having an affair with someone else throughout our engagement period until the day we got married? Thanks in advance! Quote Link to comment
MODERATOR bonito99 Posted October 6, 2009 MODERATOR Share Posted October 6, 2009 Pwede yan. Quote Link to comment
harman Posted October 7, 2009 Share Posted October 7, 2009 Hi! can these 2 matters be grounds for psychological incapacity? 1. I wasn't in-love in the first place to my wife when we got married.2. I was having an affair with someone else throughout our engagement period until the day we got married? Thanks in advance! Mickeyren, the critical factors in an annulment case are (1) the psychological evaluation and (2) the participation of the other spouse. Your psychologist will determine if the grounds you mentioned are indicative of incapacity. In almost all cases, though, the psychologist will find a disorder in everybody. Also, as a safe measure, I usually require the evaluation of the other spouse, who may also be suffering from psychological incapacity. The participation or non-participation of the other spouse in the annulment proceedings will determine if the annulment case will find its way to the Supreme Court. If the other spouse will not participate and there is no evidence of collusion, there is a big possibility that no appeal will be made. Do remember, however, that the State is a party to the case, such that even without the participation of the spouse, the petition may be denied or appealed. Quote Link to comment
zpp Posted October 13, 2009 Share Posted October 13, 2009 1. No. 2. That may indicate psychological incapacity on your part. So, yes, that may be a ground for annulment of your marriage. OT: dude, why did you marry her if you don't love her? Complicated relationship - we have been in a relationship far too long (more than 10 years), everyone knows about us. Its just hard not to get married to her. Unfortunately right now I'm in-love with someone else, thus making me hesitant to get married, but i feel like getting married to her is inevitable. For pete's sake we're engage - though my affair has already begun before we got engaged. I don't know, things might change when I'm already married to her, who knows, or maybe not. I know I need to choose, but unfortunately I have to admit that's something I'm coward of. Quote Link to comment
iskha Posted October 13, 2009 Share Posted October 13, 2009 Hi! My Husband is an alcoholic and treats me bad. He teaches my kids to disrespect me whenever we have a fight and calls me names and insults me. And whenever he is drunk, he has a tendency to do things he claims he wasnt aware off when he is sober. He also threathens to hurt my family and siblings? can that be considered as a ground for me to file for an annulment? Quote Link to comment
rocco69 Posted October 14, 2009 Share Posted October 14, 2009 oo. di naman tamang gawain yan ng isang me-asawa. mangangailangan ka lang ng psychiatrist/psychologist para ipakita na ito ay mga palatandaan ng "psychological incapacity" na nandidiyan na ng kayo ay kinasal. (sa tutoo lang, kapag magaling? ang psychiatrist, maipapalabas nya na "psychologically incapacitated" ang isang tao kahit wala naman itong diperensya, siyempre, binabayaran siya para sabihing ganun eh). sa kaso mo, mas madali ito dahil lumalabas na talagang me problema yang magaling mong asawa. lumapit ka na sa abogado para mabigyan ka ng mas detalyadong assessment at tulong sa problema mo. Hi! My Husband is an alcoholic and treats me bad. He teaches my kids to disrespect me whenever we have a fight and calls me names and insults me. And whenever he is drunk, he has a tendency to do things he claims he wasnt aware off when he is sober. He also threathens to hurt my family and siblings? can that be considered as a ground for me to file for an annulment? Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.