DECLARATION OF NULLITY OF MARRIAGE: Is it easy to get? A petition to declare the marriage void presu...

1. Is it simple to get?
DECLARATION OF NULLITY OF MARRIAGE: Is it easy to get?
A petition to declare the marriage void presupposes the marriage was invalid or null from the start.
Legally, it may be said the marriage did not even exist. However there are really so many questions
relating to this dilemma like, do you have to file the Petition if your marriage did not even exist from
the start? The responses which you have been searching for can be found below.
Q. Which are the grounds to declare the marriage null?
GTALAW: The reasons to declare the marriage void are as follows:
1. Those contracted by any party with the permission of parents or guardians even below eighteen
years of age;
2. Those solemnized by any individual not lawfully authorized to perform unions unless such unions
were contracted with either or both parties believing in good faith that the solemnizing officer had
the legal authority to do so;
3. Those solemnized without license unless exempted by law.
4. Those bigamous or polygamous unions.
5. Those contracted through blunder of one contracting party as to the identity of the other;
6. Without waiting for issuance of the Final Decree of Annulment, nonetheless, you get married
instantly. The Court can also voids your second union.
7. Mental Incapacity of
http://www.gaiaonline.com/journal/?mode=view&post_id=36657101&u=37896959 wife or the
husband, existing during the period of marriage, which prevents him or her from complying with the
essential marital obligations of marriage, even if such incapacity becomes manifest only after the
solemnization of the marriage.
8.
9. Marriages between relatives:
b. between step-parents and step children;
c. between parents in law and children-in-law;
Kid;
parent and also the adopted child;
Kid along with the adopter;

2. G. between a legitimate and and an adopted child
adopter;
I. between parties where one, together with the objective to
Wed the other, killed the other person's
Spouse, or her or his own spouse.
Q. When I confronted my husband about it it was also confirmed. Do I have to file a Request? Can a
criminal case against me file? What is my defense, if any?
GTALAW: Although your marriage was void from beginning, the law still requires you to obtain a
declaration of absolute nullity of your union by filing a request in court. Yes, you may also file a
criminal case for Bigamy against your husband. Yes, a criminal case for bigamy may file against you
as well as your husband. But your defense is absence or deficiency of knowledge regarding his
earlier union or absence of criminal intent.
Q. What occurs if I'll get married without having my first union declared void?
GTALAW: Your second marriage will not be valid for being bigamous. The depressing thing is, you
may be facing another criminal case for bigamy
in so far as your second marriage is concerned.
GTALAW: The action to declare the marriage void shan't prescribe. Significance, you can file the
petition anytime during your life.
Q. My lawyer told me that my second marriage was void from the start. Because the Court has
issued a Choice declaring my first marriage void from the beginning, I completely differed.
Additionally, I showed him an Entry of Judgment and the Court Decision from precisely the same
Court. Is my attorney correct?
GTALAW: Yes, your lawyer is not incorrect. It appears to us before you can validly contract another
marriage, that you haven't finished the process. You ought to have brought the Court Decision and
Entry of Judgment for record at the Neighborhood Civil Registrar
marriage was recorded. Following the recording, you ought to have gone back to the Court to show
evidence that the Court documents were already recorded in the Local Civil Registrar. The Court
will issue a Final Decree of Annulment. Your second marriage is null, since you neglected to follow
this procedure.