Best Marriage Lawyers in Balanga
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List of the best lawyers in Balanga, Philippines
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Philippines Marriage Legal Questions answered by Lawyers
Browse our 42 legal questions about Marriage in Philippines and the lawyer answers, or ask your own questions for free.
- About Concubinage
- Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
- Illegal Marriage
- Yes, you are correct that backdating marriage documents to bypass the mandatory waiting period can make the marriage illegal or voidable under Philippine law.Key Points:Marriage License Requirement – Under the Family Code of the Philippines, a valid marriage license is required before a marriage can take place (Article 53).Waiting Period – A 10-day waiting period is mandatory for the posting of the notice of application, to allow for any objections (Article 17).Forgery or Fraud – If the license was falsified or fraudulently obtained, the marriage could be declared void ab initio (invalid from the start) under Article 35.What You Can Do:Check Marriage Records – Request a copy of the Marriage Certificate from the Philippine Statistics Authority (PSA) to verify details.Consult a Lawyer – If fraud is confirmed, you may file a petition for nullity of marriage in Philippine courts.Let me know if you need more assistance!
- Can I have a civil wedding even I was divorced by Shaira court divorce? My fiance is Catholic
- Text me on WhatsApp: +38970704335I can help you!Regards,Svetislav Stojanoski, attorney at law
About Marriage Law in Balanga, Philippines
Marriage in the Philippines, including Balanga, is a legally recognized union between two individuals that is governed by various laws and cultural practices. Marriage is not only a personal commitment but also a legal agreement that involves rights and responsibilities as outlined by family law. The Family Code of the Philippines primarily guides marriage law, emphasizing mutual support, fiduciary duties, and shared responsibility. The city of Balanga follows national laws but might have specific local ordinances relating to administrative processes for marriages. Understanding these laws is crucial for individuals planning to get married in Balanga.
Why You May Need a Lawyer
There are numerous situations where seeking legal advice in matters of marriage can prove beneficial:
- Pre-nuptial Agreements: Couples may require assistance drafting agreements regarding property and financial arrangements before marriage.
- Marriage Annulment: Legal assistance is often essential for navigating the grounds for annulment and the court process.
- Spousal Support and Division of Property: In cases of separation, legal services help in dividing assets and determining alimony.
- Inheritance and Family Planning: Lawyer guidance can ensure that legal rights in estate and succession matters are clear.
- Domestic Violence: Victims may need urgent legal advice to ensure their protection and safety, especially in severe cases.
- Marriage Registration: Lawyers can resolve issues arising during the bureaucratic process of registering a marriage.
Local Laws Overview
The key aspects of local laws regarding marriage in Balanga include:
- Marriage License Requirements: Obtaining a marriage license requires both parties to provide necessary documentation such as birth certificates, parental consent if underage, and other legal identifications.
- Legal Age for Marriage: The legal marriageable age is 18, but parental consent is required for individuals between 18 and 21, while parental advice is required for those between 21 and 25.
- Marriage Ceremony: A legal marriage ceremony must be conducted by an authorized solemnizing officer, which includes judges, priests, or authorized religious leaders.
- Property Relations: Unless otherwise agreed upon in written formalities (e.g., a prenuptial agreement), the default property relation regime is absolute community of property, meaning nearly all possessions are jointly owned by both spouses.
Frequently Asked Questions
What documents are needed for a marriage license in Balanga?
Documents typically needed include birth certificates, certificate of no marriage (CENOMAR), valid IDs, and parental consent or advice as applicable.
How long is a marriage license valid once issued?
A marriage license in the Philippines is valid for 120 days from the date of issue and can be used anywhere in the country.
Can foreigners get married in Balanga?
Yes, foreigners can marry in the Philippines. They must provide additional documents such as a valid passport and certificate of legal capacity to marry.
What is an annulment, and how is it different from divorce?
An annulment declares that a valid marriage never existed, based on specific legal grounds like incapacity or fraud, while divorce ends a legally recognized marriage. The Philippines does not legally grant divorce to its citizens.
What are the legal grounds for annulment?
Legal grounds include lack of parental consent, psychological incapacity, fraud, impotency, and identity deception, among others.
How is property divided in case of legal separation?
If no prenuptial agreement exists, property is divided under the regime of absolute community property, generally split evenly unless stated otherwise by the court.
Do common-law partners have legal rights similar to married couples?
Common-law partners have limited legal recognition and usually do not share equal rights with legally married couples, especially concerning inheritance and property.
How can domestic violence be addressed legally?
Victims should report incidences to authorities to seek protective orders and can obtain legal advice from family lawyers specializing in domestic abuse cases.
Can marriage solemnization be performed anywhere in Balanga?
Marriages can be solemnized at city halls, specific authorized venues, or religious settings, provided the solemnizing officer is authorized.
Is same-sex marriage legal in Balanga?
While there is rising advocacy for same-sex marriage, it is currently not legally recognized in the Philippines.
Additional Resources
For further assistance or information, consider reaching out to:
- City Civil Registrar of Balanga: Handles marriage licenses and registrations.
- Philippine Statistics Authority (PSA): For birth, marriage, and death certificates, including CENOMAR.
- Public Attorney's Office (PAO): Provides free legal assistance to qualified citizens.
- Local Family Law Practitioners: Engaging with licensed attorneys specializing in family law for personalized legal advice.
Next Steps
If you need legal assistance in matters of marriage, consider taking the following steps:
- Identify your specific legal needs (e.g., marriage registration, annulment, property division).
- Gather all pertinent documents related to your marital status.
- Contact a local family lawyer for a consultation to discuss your situation and options.
- Visit the City Civil Registrar or a similar office for marriage registrations and inquiries about licenses.
- If eligible, seek assistance from the Public Attorney's Office if you require free legal aid.
Understanding legal processes and seeking timely advice from professionals can greatly improve your experience in resolving marital legal matters.
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.