Declaration of Nullity of Marriage - Child 1st Passpprt Application

Hi All,

My now Wife received a " Declaration of nullity of marriage" thus making her 1st marriage void and none existent. However our child was born before this time.

I am the Father on the Birth Certificate and the Cenomar does not show the date of the final declaration of anullity.

Will the UK Passport office now see me as the Father or will will they see her past husband as the Father even when the marriage was void?

have you had a paternity test done ?

Hi Bigmac

I haven't as yet. When I called the UK Passport office they stated it wasn't necessary ?

Also I cannot find a decent DNA Testing facility in Cebu? If anyone knows one that the UK Government accepts please let me know.

in view of the fact the PO has told you its not necessary--why dont you go ahead and apply--and see what happens. If its a refusal--you should be told the reason--and see if you can overcome it.

Hi, should I point out about Declaration of Nullity at time of birth in the covering letter and offer to undertake a DNA Test if examiner requires? Also should I include cenomar in application if it hasn't been requested yet ?

I'm trying to be honest and open in the outset as it was rejected before due to my Wife being married at the time of the birth when a cenomar was requested. Hopefully the "Declaration of Nullity " makes this unlikely to be rejected again.

Is the marriage void or nullified (nullify of marriage) there is a difference and follow different paths to children and fathers?

I understand. However, " with Declaration of absolute Nullity of marriage" makes a marriage Null and Void. I am the Father named on the Hospital and PSA Birth Certificate, even though we were not married at that time. Surely if legally she was not married at the time of birth I would be the legal Fsther?

"Declaration of Absolute Nullity of Marriage " it shows on Cenomar.

Hi OSS,

Thanks for the reply, appreciate your input. I was advised by UK Passport Office today that we married after the birth, I am on the birth certificate and this legitimises my Daughter as a UK Citizen. I'm unsure as I have had so many different explanations and points of view its become mind boggling.

The marriage cannot be recognised in the outset as it never existed, being unlawful.

The declaration of nullity of marriage applies to marriages that are null and void from the beginning (void ab initio), due to the absence of at least one of the essential or formal requisites of marriages.

The only people that matter are HMPO as they do the assessment of whether entitled to passport and if saying good to go then would get application in.

Issue that you have is that this exists under two legal systems - UK and Philippines and can result in alternate views that are contradictory. Think under Philippines law that children born of annulled marriage still count as legitimate even after annulment. If HMPO doesn't pick up on it or care about it then still good.

Still have registration route available if continue to have HMPO issues.

Hope it goes well.

Hi BR,

So which legal system will they look at? Apparently if a child is born and you are on the birth certificate, then you get married this legitimises the child (UK law after 2006).

It is rather daunting if we get refused again as I waited 5 years to get to apply again after Nullity. Really terrible situation. What is registration route as in naturalisation if its refused again?

I wouldn't like to say - my understanding is that you have talked to passport office and got positive response that says good to go. On that basis I would get an application in. They will potentially examine in more detail when recieved and may have issues. I would hope the advice you got was good.

On the registration route I did some googling as has been a while since I read up on this. I'm sure there have been Court cases on this which resulted on changes below to allow registration under unfair rules basis where father is not married to mother at time.

Gives an alternative option to go down if still having issues and believe that they don't charge as based on unfairness criteria.

https://assets.publishing.service.g...MQFnoECDEQAQ&usg=AOvVaw3lSHyiu1qbX-JA28G0Rqe5

https://www.freemovement.org.uk/new...hers_who_are_not_the_husband_of_their_mothers

Hi BR

The first ink is not working? Could you send again please?

https://ndvlaw.com/grounds-for-declaration-of-nullity-annulment-and-legal-separation/?amp=1

This provides hope for you see the section on children, they become illegitimate if born within the period of the nulled marriage and as such so responsible of mum this removes the married to a Filipino but the biological father is a Brit but the husband is deemed the father nonsense.
So as I see it your child is illegitimate in Filipino law you prove paternity and your ok!

T

The application is made from Philippines.

Z

Sorry a little confuddled there. I have offered in the covering letter a DNA if needed. Will that be suffice or shall I fly back and take a paternity test to include with application?

You have the birth certificate!