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Thread: Effect of Failure to Attend Seminar before Marriage and Failure to Submit Cenomar

  1. #1
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    Effect of Failure to Attend Seminar before Marriage and Failure to Submit Cenomar

    Atty. :

    My husband and I got a civil wedding last August of 2009 then we had our church wedding last June 2010. I was 25 years old and my husband was 31 years old the time that we had our civil wedding to a Municipal Circuit Trial Judge as the solemnizing officer. We submitted our birth certificates, Cedula and we had 2 witnesses. I am confused if our civil wedding is valid because we did not attend a seminar before the civil wedding and we did not submit any Cenomar. We also signed a document stating that we already living together for 5 years, while the 2 witnesses signed a document stating that my husband and I are living together for more than 5.5 years. The MC was processed and issued by NSO after 6 months, this is also the MC that we used for our church wedding.

    Do you think our marriage is Void or Valid?

  2. #2
    Administrator Atty. James S. Biron's Avatar
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    @Tweet, please clarify, was there a marriage license in the first marriage?

  3. #3
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    Thank you for the reply, attorney. No we did not submit any marriage license.

  4. #4
    Administrator Atty. James S. Biron's Avatar
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    Failure to attend a seminar before the civil wedding and failure to submit a cenomar will not affect the validity of your marriage. However, in case you did not actually live together for 5 years prior to the civil wedding, then your marriage will be void for absence of a valid marriage license.

  5. #5
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    Thank you for the information attorney. You are a great help to those people who are not knowledgeable to civil laws. I have a last question for you, If we want to make it valid, first we need to void the marriage right? After that we have go through the process again of marriage and do all the requirements right? Or can we just submit a marriage license to the judge who solemnize the wedding to make it valid?

  6. #6
    Administrator Atty. James S. Biron's Avatar
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    Welcome Tweet! You have to go through the process of marriage again and remember to comply with all of the requirements. You need not go through the process of having your earlier marriage declared void because doing so is a mere surplusage. The requirement under Art. 40 of the Family Code must be complied only when the remarriage will be with a different party, but it is not necessary if it will be between the same parties as in your case.

  7. #7
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    Glad that Tweet posted this question here. It looks as if remarriage may be one way to remedy my current problem with correcting the date on my MC.

  8. #8
    Administrator Atty. James S. Biron's Avatar
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    Noted, derfisch!

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