Best Family Lawyers in Santiago

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List of the best lawyers in Santiago, Philippines

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015

12 people in their team

www.naraglawoffice.com

English

Family Adoption Child Abuse +7 more

You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...

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Philippines Family Legal Questions answered by Lawyers

Browse our 127 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

Asking for an advices on what to do: Steps you can take nowContact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.Document everything. Keep a record of all relevant details, including:Medical records: Proof of your husband's diagnosis and hospitalization abroad.Financial records: Your remittance receipts, records of your debt, and expenses for your children.Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD). Legal grounds to seek freedom from your marriageAnnulment of marriage based on psychological incapacitySince absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband. Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.
Filing a Child Support Case: In the Philippines, you can pursue child support against your son's seafarer father by filing a case for support, even if he is not communicating with you. While the failure to pay child support isn't a criminal offense, Republic Act 9262 (Anti-Violence Against Women and Their Children Act) provides for penalties in certain cases, and you can petition the court to increase the support amount if the current payments are insufficient. You may need to consult with a lawyer to help you with the legal process of demanding child support.
Recignizing a foreign divorce: Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.

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About Family Law in Santiago, Philippines

Family law in Santiago, Philippines, like most of the country, is governed by the national legislation mainly compiled under the Family Code of the Philippines. This comprehensive legal framework provides clear regulations on various aspects such as marriage, legal separation, property relations between spouses, paternity, filiation, adoption, and guardianship. It is also important to note that the Philippines does not have a divorce law and marriage sanctity is highly respected. This makes family law in the Philippines unique and somewhat complex, necessitating the need for lawyers specialized in this branch of law.

Why You May Need a Lawyer

Facing issues related to family law can be emotionally draining and legally complex. Individuals often seek legal counsel in cases related to annulment of marriages, legal separation, child custody or support, adoption, and domestic violence. Lawyers specialized in family law can provide essential advice, guide you through the legal proceedings, and advocate for your rights in these instances. They also offer mediation services to resolve disputes amicably and can represent you in court when necessary.

Local Laws Overview

The family law of Santiago follows the Philippines' national laws and is heavily based on the Family Code enacted in 1987. Key areas of the law include:

Marriage: In the Philippines, only marriages solemnized under civil rite and certain religious rites are considered legal. A crucial element is consent freely given in the presence of the solemnizing officer.

Separation and Annulment: The Family Code allows legal separation under certain circumstances, such as repeated physical violence or grossly abusive conduct. However, unlike other jurisdictions, it does not provide for divorce. Annulment can be sought under specific and limited provisions, including psychological incapacity and fraud.

Child Custody and Support: In case of separation, custody is usually awarded to the innocent spouse, and child support is decided based on the needs of the child and the means of the parent. The rights of illegitimate children are also protected under the Family Code.

Frequently Asked Questions

1. Can I file for a divorce in Santiago, Philippines?

Divorce is currently not recognized in the Philippines, regardless of where you are located within the country. Couples seeking to end their marriages can, however, apply for an annulment or a legal separation.

2. How are property disputes between spouses settled?

In the absence of a prenuptial agreement, marriages in the Philippines operate under the system of absolute community of property, which means all properties acquired during the marriage are jointly owned by both spouses.

3. What are grounds for annulment?

The grounds for annulment include lack of parental consent (if either party is between the age of 18 and 21), fraud, force, intimidation, undue influence, impotence, and psychological incapacity.

4. What’s the age of majority in Santiago, Philippines?

The age of majority in the Philippines is 18, which permits an individual to make decisions about their health, education, and legal representation.

5. How is child custody determined?

Custody is typically awarded to the innocent spouse in the event of separation. However, children under seven years old are given to the mother unless there's a compelling reason not to.

6. What happens if a parent doesn’t pay child support?

If a parent fails to pay court-ordered child support, they can be held legally accountable. Actions can include wage garnishment and imprisonment.

7. How long does the process of adoption take?

The adoption process can take several months or years, depending on the circumstances. Rigorous checks, including home study reports and matching procedures, are carried out by the Philippines' adoption authority.

8. Can I represent myself in a family law matter?

While you can choose to represent yourself, it is generally advisable to engage a lawyer due to the complexity of the family law and the emotional toll these matters often take.

9. When do I need a family lawyer?

It is wise to consult a family lawyer anytime you feel your family rights might be infringed or whenever you need legal guidance in family matters such as property disputes, adoption, legal separation, or child custody.

10. How can I find a reliable family lawyer in Santiago, Philippines?

You may refer to online listings, client reviews, or even ask for recommendations from people you trust.

Additional Resources

Legal help in the Philippines can be obtained from the Integrated Bar of the Philippines (IBP), which is the national organization of lawyers. They provide free legal aid to those who cannot afford attorney fees. For family issues, organizations like Women's Crisis Center and Children's Legal Bureau can also provide necessary assistance.

Next Steps

If you need legal assistance in a family law matter in Santiago, it's recommended to consult a lawyer who specializes in Philippine family law. Start by researching lawyers in the area, scheduling consultations, and collecting all relevant documents. A good lawyer won’t just give you legal advice, but also empathize with your situation and work towards achieving the best outcome for you and your family.

Lawzana helps you find the best lawyers and law firms in Santiago through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Family, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Santiago, Philippines - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.