7 year anullment

[Dakine 26]

Simple!

Have her go to NSO and apply for a CENOMAR! That will give a record of previous marriages and whether her marriage is current or not. The NSO certificate is what USEM goes by.

[barenaked 0]

you still have to file a case using the reason of presumptive death. You can't just say that you havent seen your husband and thats it.

to makes things clearer read the article below:

The Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. Article 41 of the Family Code reads:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

In other words, an absence of 4 years, it being unknown whether the other spouse is still alive and the present spouse has a well-founded belief that the missing spouse is already dead, is a ground to ask the court for a declaration of presumptive death (this is a summary proceeding, not a special proceeding). The 4-year period, however, is reduced to 2 years in the following circumstances:

1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for [two] years since the loss of the vessel or aeroplane.

2. A person in the armed forces who has taken part in a war, and has been missing for [two] years.

3. A person who has been in danger of death under other circumstances and his existence has not been known for [two] years.

There are 4 requisites for the declaration of presumptive death under Article 41 of the Family Code:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.

To be sure, this appears to be a relatively easier way of contracting another marriage. The problem, however, is that the second marriage is easily voided by the appearance of the “absentee” spouse (void ab initio or void from the beginning if both parties to the second marriage contracted the marriage in “bad faith”). The Family Code provides:

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

So, is a judicial declaration of presumptive death better than seeking an annulment or a declaration of nullity of the second marriage? There are no hard and fast rules. Suffice it to state that “the automatic termination of the second marriage upon the reappearance of the absent or missing spouse is a risk that the paties to said marriage knew they were taking when they entered into such marriage, so that if it does happen, they have no reason to complain” (Justice Alicia Sempio-Diy, Handbook on the Family Code of the Philippines).

[Rocky_nBullwinkle 6]

you still have to file a case using the reason of presumptive death. You can't just say that you havent seen your husband and thats it.

to makes things clearer read the article below:

The Family Code clearly provides that a court declaration of presumptive death of a spouse is indispensable before the other spouse may marry again. Failure to comply with this requirement results not only in a void second marriage, but also opens the guilty spouse to a criminal charge of bigamy. Article 41 of the Family Code reads:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

In other words, an absence of 4 years, it being unknown whether the other spouse is still alive and the present spouse has a well-founded belief that the missing spouse is already dead, is a ground to ask the court for a declaration of presumptive death (this is a summary proceeding, not a special proceeding). The 4-year period, however, is reduced to 2 years in the following circumstances:

1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for [two] years since the loss of the vessel or aeroplane.

2. A person in the armed forces who has taken part in a war, and has been missing for [two] years.

3. A person who has been in danger of death under other circumstances and his existence has not been known for [two] years.

There are 4 requisites for the declaration of presumptive death under Article 41 of the Family Code:

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code.

2. That the present spouse wishes to remarry.

3. That the present spouse has a well-founded belief that the absentee is dead.

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.

To be sure, this appears to be a relatively easier way of contracting another marriage. The problem, however, is that the second marriage is easily voided by the appearance of the “absentee” spouse (void ab initio or void from the beginning if both parties to the second marriage contracted the marriage in “bad faith”). The Family Code provides:

Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

So, is a judicial declaration of presumptive death better than seeking an annulment or a declaration of nullity of the second marriage? There are no hard and fast rules. Suffice it to state that “the automatic termination of the second marriage upon the reappearance of the absent or missing spouse is a risk that the paties to said marriage knew they were taking when they entered into such marriage, so that if it does happen, they have no reason to complain” (Justice Alicia Sempio-Diy, Handbook on the Family Code of the Philippines).

There is your problem. The other spouse is not dead, and the FPU will investigate any summary judgement of presumptive death, if indeed you could get a judge to grant it.

Rocky

[Rocky_nBullwinkle 6]

Causes for Fraud Investigation:

b. Fraudulent Declaration Of Presumptive Death of Absentee Spouse:

Under Article 41 of the Philippine Family Code, for a present spouse to contract a valid subsequent marriage due to the absence of his or her spouse for four (4) consecutive years [or only two (2) years in case of disappearance under circumstances showing danger of death], with the present spouse having a well-founded belief that the absent spouse was already dead, a summary proceeding for the declaration of presumptive death of the absentee must be instituted.

The fraud consists of obtaining such a declaration of presumptive death of an absentee spouse from a judge in a case where the “absentee spouse” is really present and alive.

Rocky

[kevin & april 0]

hi, had similar experience.mine had an extra kid i didnt know about too. not too sound cold, but your better off cutting your losses, now. It can take years to get an annullmentt, and lots of money, and then the husband can contest, and u have wasted all of your time.

[Neptune 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

She is free to marry you, but you cannot bring her to USA. She need a clearance in her first marriage at NSO.

[Neptune 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

She is free to marry you illegaly if her previous husband is not concern or interested in their marriage anymore, but you cannot bring her to USA. She need a clearance in her first marriage at NSO.

[Neptune 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

[Lyn and Jeff 0]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

Whaaaaat??? I guess better tell her to ask a real lawyer. Being separated for a long time doesn't mean she's free to marry someone else, her marriage is still exist/valid.

Yes some woman from philippines think that if they are separated for a long period of time then they are free to marry...i heard a lot saying this but really ITS NOT TRUE....i dont know how they got this thinking....even 30 years of separation you still need an annulment in order for you to remarry again...

I guess she can file for abandonment for 7 years separation but i don't think if she is free to marry at that time but i guess she needs annulment too.

[maritoni 3]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

Your fiancee must be talking about this...

Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any other person other than such first spouse shall be illegal and void from its performance, unless:

xxx

(2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of the contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court.

If you stumbled on this provision, you may have this idea that a spouse can remarry even without securing a judicial declaration of presumptive death. In other words, there is NO need to go to court and it’s enough that any of the following circumstances is present: (a) there be no news that such absentee is still alive; (B) the absentee is generally considered to be dead and believed to be so by the spouse present; and © the absentee is presumed dead under Article 390 and 391 of the Civil Code.

This understanding would have been correct, except that Article 83 of the Civil Code was superseded by the Family Code, which now provides:

Art. 41. A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

As the law now stands, a married person must, for purposes of remarriage, file the necessary action in court and ask for a declaration of presumptive death of the “absent” spouse. The crucial differences under the Civil Code and Family Code provisions are:

1. Under the Family Code, the time required for the presumption to arise has been shortened to 4 years.

2. Under the Family Code, there is need for a judicial declaration of presumptive death to enable the spouse present to remarry.

3. Under the Family Code, a stricter standard is imposed: there must be a “well founded belief” that the absentee is already dead before a petition for declaration of presumptive death can be granted. A married person must conduct a search for his missing spouse with such diligence as to give rise to a “well-founded belief” that he/she is dead

[STEPHnRIA 2]

In other words, you sill need judicial declaration that it it is null and void.

[maritoni 3]

In other words, you sill need judicial declaration that it it is null and void.

For immigration purposes,yes!

[rheanick 42]

I have a women in the Philippines that I want to marry but is already married to another philipine man but they have been seperated for 31/2 year. she told me if she is separated from him for 7 years she is free to marry again is this true?

7 years of no contact, no information, no support is a good ground for annulment for reason of abandonement.

She is very much married unless she annuled her marriage.

Make sure that the her CENOMAR clearly stated that she is not married before you file for K1 visa.

[sasha414 0]

not true sorry. she needs to get an annulment before she can marry again.

[bowlers in MI 0]

i was separated from the father of my children for more than 10 years and i filed for annulment may 2007, got the decision dec 2008 in my favor. good luck and God bless to you and your girl.