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xdamselx

Can anyone recommend a good lawyer for my annulment?

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(Just a little background about me. Arrived in Norway Sept 2006. Married in Philippines July 2006. Separated since December 2011. Applied for separation here in Norway July 2012 and our divorce won't be granted until September-December 2013 as I was told. Married for 5 and a half years. Have a permanent residency already in Norway. But please also let me paste this here again coz I want to find out if this little "lie" on their part below is enough ground to make my marriage considered null and void)

"Our wedding was done in Manila City Hall by a "minister" (more like a fixer approached me in the City Hall when I was looking for a judge to marry us before my then husband arrives for our wedding) The fixer introduced me to this minister, paid about 10,000 pesos coz my groom was a foreigner, while the other filipino couple who inquired also at the same time was charged around 2,000 pesos and voila, I got married without attending marriage seminars which is required for 10 days for every couple. My marriage certificate arrived from NSO within a month. His secretary "fixed" it for us and I was able to leave the country the same month. One more thing, the location of our marriage was changed though. In our certificate, it says we were married in a small chapel called Holy Angel Chapel in San Juan Metro Manila when the wedding took place just in Manila City Hall. Does that mean ANYTHING at all? Them faking our wedding location? Of course we didn't say anything then coz we just wanted to leave to get our MC and get approved in my visa.

Also, if in case I found out the minister who married us was not a real one or has no license or "right" to marry a couple (I am currently researching about him) will that make our marriage automatically invalid since even our wedding location in the marriage certificate, they had to fake?"

I am seriously considering getting my annulment done in Philippines instead coz the divorce proceedings here in Norway is taking so long plus maybe I could show it to the US embassy here in Norway/Sweden during my K1 interview that I am annulled already there in Philippines (and since we were married there, our annulment there should count more right? Regardless if the divorce filed in Norway is still ongoing or???) And I hope somebody could recommend me a good, but affordable lawyer. If you have a first hand experience with them, much better. Thanks in advance :)

Edited by xdamselx
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(Just a little background about me. Arrived in Norway Sept 2006. Married in Philippines July 2006. Separated since December 2011. Applied for separation here in Norway July 2012 and our divorce won't be granted until September-December 2013 as I was told. Married for 5 and a half years. Have a permanent residency already in Norway. But please also let me paste this here again coz I want to find out if this little "lie" on their part below is enough ground to make my marriage considered null and void)

"Our wedding was done in Manila City Hall by a "minister" (more like a fixer approached me in the City Hall when I was looking for a judge to marry us before my then husband arrives for our wedding) The fixer introduced me to this minister, paid about 10,000 pesos coz my groom was a foreigner, while the other filipino couple who inquired also at the same time was charged around 2,000 pesos and voila, I got married without attending marriage seminars which is required for 10 days for every couple. My marriage certificate arrived from NSO within a month. His secretary "fixed" it for us and I was able to leave the country the same month. One more thing, the location of our marriage was changed though. In our certificate, it says we were married in a small chapel called Holy Angel Chapel in San Juan Metro Manila when the wedding took place just in Manila City Hall. Does that mean ANYTHING at all? Them faking our wedding location? Of course we didn't say anything then coz we just wanted to leave to get our MC and get approved in my visa.

Also, if in case I found out the minister who married us was not a real one or has no license or "right" to marry a couple (I am currently researching about him) will that make our marriage automatically invalid since even our wedding location in the marriage certificate, they had to fake?"

I am seriously considering getting my annulment done in Philippines instead coz the divorce proceedings here in Norway is taking so long plus maybe I could show it to the US embassy here in Norway/Sweden during my K1 interview that I am annulled already there in Philippines (and since we were married there, our annulment there should count more right? Regardless if the divorce filed in Norway is still ongoing or???) And I hope somebody could recommend me a good, but affordable lawyer. If you have a first hand experience with them, much better. Thanks in advance :)

Annulment in the Philippines can take a year or longer....

It is up to the Local Civil Registrar to release the marriage license, the 10 day waiting period can be waived. What makes the marriage legal is the "marriage license". The marriage cannot be void based on not waiting 10 days or not attending pre marriage counseling. The place of marriage makes no difference as long as the marriage was conducted in good faith.

If you still are a Filipino citizen.......

What are the requirements for a Filipino spouse to be allowed to remarry?

A. The alien spouse should file a petition for divorce;

B. The petition is granted by a foreign court and a valid decree is rendered dissolving

the marriage between the alien and the Filipino.

C. The divorce decree capacitates the alien spouse to once again enter a contract of

marriage.

D. After you get a divorce you would need to file for a recognition of Foreign Divorce in court in the Philippines.

Annulments can be expensive.....

Joyce Felisa B. Domingo

5th level, Citi Center Building,

#8741 Paseo de Roxas,

Salcedo Village 1227 Makati City

Philippines

Telephone: (02) 823-1090

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If the solemnizing officer who married you was not license to do so, then then could be a reason to void the marriage, but it states in the family civil code: Article 35 of the Family Code of the Philippines enumerates which marriages are considered void.

"Solemnized by any person not legally authorized to perform marriages, unless one or both parties believed in good faith that the solemnizing officer had the legal authority to do so."

The law enumerates who are authorized to solemnize marriages. Beyond the list, the marriage which transpired is considered void. However, if any of the parties genuinely believed that the officer had the authority to solemnize the marriage, then the marriage shall remain valid. Good faith means that the parties exerted reasonable inquiry and investigation on the authority of the officer who was to solemnize the ceremony. If you thought at the time the person was authorized to solemnize the marriage, then found out later he was not, this could be grounds to declare the marriage void.

This is something to discuss with the lawyer.

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