HELP!!! Null and void ba ang kasal na to??????????

[enny08]

kinasal ang brother ko at the age of 25 yung girl 22. tpos both religion nila Back to Christ (religious Sect)
then yung priest n nagkasal s knila Advent of Christ, s restaurant [textspeak!] sila kinasal then ngaun hiwalay na sila at gusto ipa Annul ng kuya ko ang kasal nla bec nabuntis ng ibang lalake ang asawa nya while he is in abroad, we found out n yung marriage certificate nila nka registered sa NSO pero walang License Number at Annotaion..  hndi [textspeak!] sila nag live in ng 5 years at walang pinirmahan para sa cohabitation saka nagbayad [textspeak!] sila s tao para ayusin ang kasal nila. does it mean Null and Void ang kasal nla? mahabang proseso din ba to at magkano ang gastos???

salamat sa magrereply...........

[AVIDGOLFER]

Ang pinaka maganda sa kaso ng Bro mo ay dapat makipag kita sa isang Lawyer that specializes in Family and Domestic affairs. pero eto ang na research ko para sa iyo para naman meron kasagutan sa tanong mo:

Grounds to Declare a Marriage Null and Void

March 26, 2013 / aklanonandroid


Under Philippine jurisdiction, the following are grounds to declare a marriage null and void (void ab initio):
 
A – Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (lack of legal capacity to marry).
 
B – Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
 
C – Those solemnized without license except if otherwise covered by other laws.
 
D – Those bigamous or polygamous marriages except those covered by the laws of presumption of death of the absent spouse.
 
E -Those contracted through mistake of one contracting party as to the identity of the other;
 
F –   A remarriage shall be null and void if the partition and distribution of the proprieties of the spouses, the children’s’ presumptive legitimes and the judgment of absolute nullity of the marriage are not recorded in the necessary civil registry and registries of property.
 
G – Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.
 
(Psychological incapacity is not automatically lunacy but it does mean that one or both spouses have abnormal interpersonal behavior, or a psychological characteristic which inhibits the spouse to fulfill the essential obligations of marriage.)
 
H – Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning.
 
I – Though not incestuous the following between relatives are void from the beginning for reasons of public policy:
 
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
 
2. Between step-parents and step-children;
 
3. Between parents-in-law and children-in-law;
 
4. Between the adopting parent and the adopted child;
 
5. Between the surviving spouse of the adopting parent and the adopted child;
 
6. Between the surviving spouse of the adopted child and the adopter;
 
7. Between an adopted child and and a legitimate child of the adopter;
 
8. Between adopted children of the same adopter;
 
9. Between parties where one, with the intention to marry the other, killed the other person’s spouse, or his or her own spouse.

Sana maliwagan ka sa mga naka sulat sa taas para sa tanong mo...

[LadySansa]

If they didn't get the proper marriage license before getting married then it might be declared null and void. It would still be a long and expensive process because only a court can declare a marriage to be null and void.

[imprincessfiona]

Bakit walang license number at annotation? It "could be" a fake marriage. Consult a reputable lawyer (probono) regarding this matter.

[donzski_doinks]

dapat may license number since hindi naman sila nag live in.. inilalagay yun sa marriage contract... unless gumawa sila ng affidavit na ng live in nga sila for five years which, in this case, as you mentioned, e hindi naman. try mo mag consult sa lawyer kasi sila mas nakakaalam pagdating sa ganyan. kung naka-rehistro sya, ang alam ko e pwede nyo naman ipa-declare na 'Null and Void' yung kasal. basta may grounds and you have to go through the legal process. so find a lawyer nalang.