Legal Question in Family Law in Philippines
hi......
i just want to ask if my marriage is valid? i got married at the age of 17 with my parents consent but it was registered when i was already 18. but there wer so many errors in the papers. my husband was supposed to be 19 years old by the time it was registered but he was only 18 years old there. and when we wer applying for a marriage license we found out that the spelling of the name that i am using and what was registered on my birth certificate was diffirent and pronounced differently. we used the name registered on my birth certificate. and after a year i filled a petition for the correction of clerical error to correct the spelling of my name on my birth cert. and marriage cert. to the name that i am using since i entered the school. and we got married last january 29, 2003 but when we r already registering our marriage certificate the officer from the city hall change it to august 29,2003 which was the date when we register it. my husband's age remained 18 which was supposed to be 19 already. he's a year older than me. and there was an error too in the spelling of his mom or my mom's name. i am married in the church at only 17 and because of many errors on our marriage cert could it be that our marriage is null and void?
2 Answers from Attorneys
Re: hi......
marriage is still valid. It is merely voidable. while there may be errors, the same is cured by the subsequent cohabitation and belief by the party that the same is legitimate and valid.
Re: hi......
Your marriage is null and void because you were not yet of age inspite of the fact that it was registered after you turned 18. The material point being when you were actually married. But even if your marriage was null and void, and if recent Supreme Court decisions are to be applied by analogy to your case, you still need a court declaration to have it declared as such, after which you can get married again.You may not even need a marriage license considering that you have lived together as husband and wife for the last five years. Of course, that depends on you if you still want to stay married. What is the saying? Once burned, twice shy. Good luck.
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