We are married to the mayor but we have no record in the municipality

Hello:

Presuming this is under Philippine jurisdiction, your situation involves two key legal concerns: first, the validity of your marriage, and second, the legal implications of your separation.

a.) On the validity of the marriage: If you are legally married but there is no record in the municipality, this may indicate that your marriage certificate was not properly registered with the Local Civil Registrar (LCR). Under the Family Code of the Philippines and Article 3 of Presidential Decree No. 1083 (for Muslim marriages), a marriage is valid only if it meets the essential and formal requisites, one of which is registration with the civil registry. If the officiating officer failed to transmit your marriage certificate to the LCR, your marriage may not appear in official records. In such cases, you may file a Petition for Late Registration of Marriage with the LCR or the Philippine Statistics Authority (PSA).

b.) On your separation: Since the Philippines does not recognize divorce (except for Muslim marriages or if a valid foreign divorce applies), a simple agreement to separate has no legal effect. You remain married under the law until a court issues a decree of annulment of marriage or declaration of nullity under Articles 36 or 45 of the Family Code. However, if you have been separated for several years, this fact may serve as supporting evidence for psychological incapacity or other grounds that may justify annulment.

c.) On your rights: Even if you live separately, your rights to conjugal property, inheritance, and marital obligations remain until the marriage is legally dissolved. Hence, it is advisable to file a petition for annulment or declaration of nullity to regularize your marital status.

We at Recososa Law Firm can help you with verifying your marriage record, filing the necessary petitions, and formalizing your separation through lawful means. We have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit one of our offices.

Also, I hope it is not too much to ask to like and share our pages below. Your support truly inspires us to continue helping others through legal guidance.

 

Hello.\n\nPresuming this is under Philippine jurisdiction, your situation involves two key legal concerns: first, the validity of your marriage, and second, the legal implications of your separation.\n\na) On the validity of the marriage: If you are legally married but there is no record in the municipality, this may indicate that your marriage certificate was not properly registered with the Local Civil Registrar (LCR). Under the Family Code of the Philippines and Article 3 of Presidential Decree No. 1083 (for Muslim marriages), a marriage is valid only if it meets the essential and formal requisites, one of which is registration with the civil registry. If the officiating officer failed to transmit your marriage certificate to the LCR, your marriage may not appear in official records. In such cases, you may file a Petition for Late Registration of Marriage with the LCR or the Philippine Statistics Authority (PSA).\n\nb) On your separation: Since the Philippines does not recognize divorce (except for Muslim marriages or if a valid foreign divorce applies), a simple agreement to separate has no legal effect. You remain married under the law until a court issues a decree of annulment of marriage or declaration of nullity under Articles 36 or 45 of the Family Code. However, if you have been separated for several years, this fact may serve as supporting evidence for psychological incapacity or other grounds that may justify annulment.\n\nc) On your rights: Even if you live separately, your rights to conjugal property, inheritance, and marital obligations remain until the marriage is legally dissolved. Hence, it is advisable to file a petition for annulment or declaration of nullity to regularize your marital status.\n\nWe at Recososa Law Firm can help you with verifying your marriage record, filing the necessary petitions, and formalizing your separation through lawful means. We have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit one of our offices.\n\nAlso, I hope it is not too much to ask to like and share our pages below. Your support truly inspires us to continue helping others through legal guidance.\n\nSincerely, ATTY. JOFRE B. RECOSOSA\nOwner/Managing Partner\nRecososa Law Firm

Hello:

Presuming this is under Philippine jurisdiction, your situation involves two key legal concerns: first, the validity of your marriage, and second, the legal implications of your separation.

a.) On the validity of the marriage:
If you are legally married but there is no record in the municipality, this may indicate that your marriage certificate was not properly registered with the Local Civil Registrar (LCR). Under the Family Code of the Philippines and Article 3 of Presidential Decree No. 1083 (for Muslim marriages), a marriage is valid only if it meets the essential and formal requisites, one of which is registration with the civil registry. If the officiating officer failed to transmit your marriage certificate to the LCR, your marriage may not appear in official records. In such cases, you may file a Petition for Late Registration of Marriage with the LCR or the Philippine Statistics Authority (PSA).

b.) On your separation:
Since the Philippines does not recognize divorce (except for Muslim marriages or if a valid foreign divorce applies), a simple agreement to separate has no legal effect. You remain married under the law until a court issues a decree of annulment of marriage or declaration of nullity under Articles 36 or 45 of the Family Code. However, if you have been separated for several years, this fact may serve as supporting evidence for psychological incapacity or other grounds that may justify annulment.

c.) On your rights:
Even if you live separately, your rights to conjugal property, inheritance, and marital obligations remain until the marriage is legally dissolved. Hence, it is advisable to file a petition for annulment or declaration of nullity to regularize your marital status.

We at Recososa Law Firm can help you with verifying your marriage record, filing the necessary petitions, and formalizing your separation through lawful means. We have offices in Luzon, Visayas, and Mindanao. We can schedule an initial consultation via Google Meet or Zoom call, or you may visit one of our offices.

Also, I hope it is not too much to ask to like and share our pages below. Your support truly inspires us to continue helping others through legal guidance.

Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner/Managing Partner
Recososa Law Firm