Previous Marriage

[Ken & Marife 0]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

[Jasman0717 8]

This is something that will need to be decided in Filipino law. You might have this person seek out a Filipino attorney for solution.

[LonnieNCarmie 0]

Based on the info given she is still married if she participated in the ceremony with witnesses.

When the US immigration ask the question was she previously married and if she says no and they find out otherwise, or someone from her husbands side finds out she remarried, and files a complaint down the road it could come back to haunt her even if she is already established here in the US.

If she is caught in a lie during the immigration process she could be permanantly banned from ever coming to the US.

My advise is to deal with the situation of getting the annulment now it is simply the right thing to do.

[-B&T- 1]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

Better be honest when dealing with the US immigration they do background check in Philippines I heard to any potential immigrant esp fiance's and if you get caught lying then you will face the consequences.

[-B&T- 1]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

Better be honest when dealing with the US immigration they do background check in Philippines I heard to any potential immigrant esp fiance's and if you get caught lying then you will face the consequences.

[one...two...tree 2,762]

I can't imagine any court or judge who would dismiss a marriage because the name on the license is not correct. The marriage became legal by ceremony - not be legal documentation.

[sj5 4]

Yes, she is still married although is not her name, but it's same person. She needs lawyer to fix this erroneous or consult with the lawyer. With Philippines Laws I'm not confident to say she can run away since there are witnesses involved, and of course her birth date, parents names, and signatures would match everything unless if she falsify other documents then big TROUBLE.

Edited February 19, 2009 by VJ's Opportunist

[I AM NOT THAT GUY 5,715]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

I will let the wife look at this one when she comes home. Stay tuned. This one might interest her.

[Rocky_nBullwinkle 6]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

I will let the wife look at this one when she comes home. Stay tuned. This one might interest her.

I hope you don't mind, but I am curious when you said "childhood name". Did you mean nick name or pet name? Can you be specific about this? Thanks.

Rocky, the wife

[Ken & Marife 0]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

I will let the wife look at this one when she comes home. Stay tuned. This one might interest her.

I hope you don't mind, but I am curious when you said "childhood name". Did you mean nick name or pet name? Can you be specific about this? Thanks.

Rocky, the wife

Thanks for all the replies, I did a little research of my own since posting this and according to Philippine law, Article 35, sentence 5. there is possible grounds for "Null and Void from the beginning" due to identity issues. However, it is for the courts to decide. As far as I know, she used her nick name, which at the time she thought to be her real name.

Ken & Marife

[jom 4]

There are several entries both in the marriage certificate and birth certificate that would "prove" identity like date of birth and name of parents. The lady did use her nickname in marriage certificate but what about her surname, the date of birth and parents' names which can also be found in both documents. If they are the same, then one can only assume that both are one and the same person.

As what the others correctly adviced, better tell the truth. The US embassy may or may not found out, especially that she was able to obtain a CENOMAR, but if she lied about it and if they will find out , she will be banned forever.

With regards to the identity issue stated in the Family Code, this article pertains to IDENTITY and not a different name. The identity issue here would mean "marrying someone you did not intend to marry" which would be a ground for anullment , its like marrying Ana Lopez from Manila instead of Maria Santos from Cebu, this is a clear mistaken identity. As to the couple in this issue they both have the intent to marry each other, right persons per se, only she used her nickname.

[Rocky_nBullwinkle 6]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

I will let the wife look at this one when she comes home. Stay tuned. This one might interest her.

I hope you don't mind, but I am curious when you said "childhood name". Did you mean nick name or pet name? Can you be specific about this? Thanks.

Rocky, the wife

Thanks for all the replies, I did a little research of my own since posting this and according to Philippine law, Article 35, sentence 5. there is possible grounds for "Null and Void from the beginning" due to identity issues. However, it is for the courts to decide. As far as I know, she used her nick name, which at the time she thought to be her real name.

Ken & Marife

It applies only to a person marrying another through a mistake in identity (marrying the wrong person). it does not apply to her. The mistake results from her giving the incorrect first name when applying for marriage license. This does not render the marriage null and void since she was also known by that name.

[Neptune 0]

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.

I will let the wife look at this one when she comes home. Stay tuned. This one might interest her.

I hope you don't mind, but I am curious when you said "childhood name". Did you mean nick name or pet name? Can you be specific about this? Thanks.

Rocky, the wife

Thanks for all the replies, I did a little research of my own since posting this and according to Philippine law, Article 35, sentence 5. there is possible grounds for "Null and Void from the beginning" due to identity issues. However, it is for the courts to decide. As far as I know, she used her nick name, which at the time she thought to be her real name.

Ken & Marife

It applies only to a person marrying another through a mistake in identity (marrying the wrong person). it does not apply to her. The mistake results from her giving the incorrect first name when applying for marriage license. This does not render the marriage null and void since she was also known by that name.

I agree with you...because once she get the CENOMAR at NSO, record would show that her nick name in her previous marriage and her real name that she is using at present is in the same person.

[rheanick 42]

Your question was asked in forum.gov.ph (the official website of the republic of the philippines):

http://forum.gov.ph/thread.asp?rootID=207992&catID=23

Below is the question and answer portion:

Quote: jhaine_21 posted on 7/11/2008 | 13:45

“I got married year 2002, but FORTUNATELY it didn't last. Only last week, I found out that the name I am using Is not my real name registered at the NSO. Is there a chance that my marriage was null and void from the very beginning?

Thanx.”

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Nope.It's not a ground to declare your marriage as null and void.Mere error in the names of the parties as appearing in the said marriage contract is not enough reason to invalidate the said marriage.As a matter of fact, marriage can be proven even in the absence of any recorded marriage contract at the NSO or LCR.If you really want to have your marriage annulled/declared null and void, you can use other grounds. Just consult a lawyer to best determine what grounds will be used in your petition.

A young lady in the Philippines was married to a filipino man that verbally and physically tortured her. During the time of their wedding, she used her childhood given name for the marriage certificate. Through rumors, she heard that her name was incorrect. Upon requesting and receiving her Birth Certificate 2 years ago, she discovered that her real name is in fact different than listed on her marriage certificate. Are there legal grounds to assume that her marriage is considered null and void due to this technicality, or should I say this huge error?

I know she needs a lawyer, just wondering if anyone here has had a similar situation and has knowledge of possible outcomes or of the current law in such situations.

She now lives far from him, her main question is if she needs to apply for annulment to pursue possible Fiance Visa or can she proceed with the name on her Birth Certificate?

Also note, according to her cenomar, she is single, but that is according to the name on her Birth Certificate.