Outcomes if marriage license is issued after celebration of relationship

Outcomes if marriage license is issued after celebration of relationship

Pricey PAO, My relationship with my abusive husband was organized by my deceased mom and

Pricey PAO,

My relationship with my abusive husband was organized by my deceased mom and father-in-regulation. We’ve got now been separated for virtually 12 a very long time. I need to file a state of affairs to nullify our marriage, however I used to be inspired that there was no present floor to nullify my marriage. Once I examined my relationship deal, I acknowledged that my marriage was held in 2001, however the marriage license was dated in 2002. Is there any approved implication of the mentioned dates?

Luwaine

Pricey Luwaine,

Your marriage was celebrated in 2001, in consequence, the provisions of the Partner and kids Code of the Philippines will implement. A relationship with out license is void. That is in consonance with Posting 35 of the mentioned laws which states that:

“The pursuing marriages shall be void from the beginning:

“(1) These folks contracted by any celebration beneath eighteen a few years of age even with the consent of oldsters or guardians

“(2) All these solemnized by any man or lady not legally permitted to hold out marriages except in fact this kind of marriages ended up contracted with presumably or every occasions believing in glorious religion that the solemnizing officer had the lawful authority to take action

“(3) People solemnized with out the necessity of license, aside from people coated the earlier Chapter

“(4) These bigamous or polygamous marriages not failing beneath Publish 41

“(5) These contracted on account of blunder of 1 explicit contracting social gathering as to the id of the opposite and

“(6) Folks subsequent marriages which are void beneath Publish 53.” (Emphasis and underscoring equipped)

Based mostly totally on the factors furnished in your letter, it appears that there’s an present marriage license albeit issued only one calendar 12 months following the day of your marriage. This isn’t a uncomplicated situation just because a presumption would come up that you simply contracted marriage with out the necessity of the requisite relationship license. This finds steering within the pronouncement of the Supreme Court docket within the case of Sy vs. The Honorable Court docket of Appeals, et al. (GR 127263, April 12, 2000), the place by the Supreme Courtroom speaking on account of Affiliate Justice Leonardo Quisumbing mentioned that:

“x x x. From the recordsdata she launched, the wedding license was issued on September 17, 1974, almost one explicit 12 months proper after the ceremony took spot on November 15, 1973. The ineluctable conclusion is that the connection was actually contracted with out the necessity of a relationship license. Nowhere do we discover private respondent denying these dates on document. Posting 80 of the Civil Code is plainly relevant on this case. There getting no declare of an impressive character, the purported marriage regarding petitioner and personal respondent couldn’t be categorised amid these enumerated in Articles or weblog posts 72-79 of the Civil Code. We thus conclude that beneath Quick article 80 of the Civil Code, the connection in between petitioner and personal respondent is void from the start.”

Making use of the beforehand mentioned-quoted willpower in your drawback, your marriage license which was issued a single calendar 12 months instantly after the date of your marriage will direct to a abstract that your marriage was celebrated devoid of the wedding license. The absence of all these license will render the mentioned relationship void pursuant to Posting 35 (3) of the Family members Code of the Philippines.

We hope that we had been succesful to treatment your queries. Be sure to be reminded that this recommendations depends solely on the small print you have got narrated and our appreciation of the same. Our perception could presumably fluctuate when different info are modified or elaborated.

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