Best Marriage Lawyers in Cagayan de Oro
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List of the best lawyers in Cagayan de Oro, 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 Cagayan de Oro, Philippines:
Marriage in Cagayan de Oro, Philippines is governed by the Family Code of the Philippines. This code outlines the legal requirements, rights, and obligations of individuals who wish to get married in the city. Marriage is considered a sacred union between a man and a woman, and it is an essential institution in Filipino society.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for marriage-related issues in Cagayan de Oro. This includes prenuptial agreements, annulment or legal separation, adoption, child custody, and estate planning. A lawyer can provide legal advice, draft legal documents, represent you in court, and ensure that your rights are protected throughout the process.
Local Laws Overview:
In Cagayan de Oro, the legal age for marriage is 18 years old. However, individuals aged 18 to 21 require parental consent to get married. Common law marriage is not recognized in the Philippines, so couples need to go through a formal marriage ceremony conducted by a licensed solemnizing officer. Annulment is the legal process to end a marriage, and it can be granted on specific grounds such as fraud, lack of parental consent, or mental incapacity.
Frequently Asked Questions:
1. Can same-sex marriage be legally recognized in Cagayan de Oro?
No, same-sex marriage is not legally recognized in the Philippines.
2. How long does the annulment process take in Cagayan de Oro?
The annulment process can vary in length, but it usually takes several months to a few years to complete.
3. What are the requirements for getting married in Cagayan de Oro?
Some requirements include a marriage license, parental consent for individuals aged 18 to 21, and a formal marriage ceremony conducted by a licensed solemnizing officer.
4. Can a foreigner get married in Cagayan de Oro?
Yes, a foreigner can get married in Cagayan de Oro, but specific requirements may apply.
5. What is a prenuptial agreement, and why is it important?
A prenuptial agreement is a legal document that outlines how assets and properties will be divided in case of divorce. It is essential for protecting individual assets and avoiding conflicts in the future.
6. How can I change my marital status in legal documents after getting married?
You can update your marital status in legal documents by presenting your marriage certificate to relevant government agencies.
7. Can I adopt a child in Cagayan de Oro if I am married?
Yes, married couples can adopt a child in Cagayan de Oro, but specific requirements and procedures need to be followed.
8. What are the grounds for annulment in Cagayan de Oro?
Some grounds for annulment include lack of parental consent, fraud, mental incapacity, and other specific reasons outlined in the Family Code of the Philippines.
9. Can I remarry after obtaining an annulment in Cagayan de Oro?
Yes, once an annulment is granted, you are free to remarry in Cagayan de Oro.
10. How can I protect my rights in a marriage in Cagayan de Oro?
You can protect your rights by consulting with a lawyer for legal advice, drafting a prenuptial agreement, and understanding the legal implications of marriage under the Family Code of the Philippines.
Additional Resources:
For more information on marriage law in Cagayan de Oro, you can contact the City Civil Registrar's Office or seek legal advice from licensed lawyers specializing in family law.
Next Steps:
If you require legal assistance for marriage-related issues in Cagayan de Oro, it is crucial to consult with a qualified lawyer who can guide you through the legal process, protect your rights, and ensure a favorable outcome for your case.
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.