Legal Question in Family Law in Philippines

validity of marriage contract

I got married last 2004, the mother of my wife work as a secretary of the mayor in our town. We married without solemnizing officer, she only gave us the marriage contract already sign by the mayor and witnesses and she told me just to sign the papers and she will do the rest ( registration to civil registrar), this happen on their house where her daughter and i leave. I can't say that it is ''pikot'' coz i alsolike the girl but the fact is i am not ready to marry her daughter that time since it was complicated, i already had my first family but not married to the mother of my children. i was thinking maybe the mother of my wife do this for security of her daughter. Maybe i feel a little bit scared because the woman has a connection with our mayor thats why i signed the contract. I want to know if the marriage is valid though without solemnizing officer and without ceremony. thanks.


Asked on 8/23/07, 9:14 pm

2 Answers from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: validity of marriage contract

absence of formal requirement of the marriage does not affect its validity. For as long as it can be shown that the signature is yours and that you never question the fact that you signed the same voluntarilly, it is valid.

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Answered on 8/23/07, 10:26 pm
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: validity of marriage contract

Taking from your confession, the validity of your marriage can be assailed for lack of formal requisite of marraige - that there should be a ceremony before the solemnizing officer where you take each other as husband and wife. However, you may have a problem in assailing the validity of your marriage. This is because if your marraige contract was duly registered before the local civil registrar and then NSO you have to overcome the presumption of regularity in the performance of duty by the government official concerned in the issuance of the marriage contract. If you prove your allegations then you have to forget about disputing the validity of your marriage.

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Answered on 8/25/07, 10:24 am


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