Best Marriage Lawyers in Calamba
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List of the best lawyers in Calamba, Philippines
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 Calamba, Philippines:
Marriage laws in the Philippines are primarily governed by the Family Code of the Philippines, enacted in 1987. In Calamba, like the rest of the Philippines, marriage is a legal contract between a man and a woman who have freely given their consent to live together as husband and wife. The age of majority for marriage is 18 years old for both males and females. Annulments and legal separations are allowed under specific circumstances but divorce is generally not recognized.
Why You May Need a Lawyer:
Legal help can be immensely helpful in various situations related to marriage. For instance, a lawyer can assist you with the preparation of prenuptial agreements or guide you through the annulment process. They can also provide expert advice on matters related to child custody and support in case of legal separation. Additionally, lawyers can also help in property disputes between spouses and guide you on the rights and legal obligations that come with marriage.
Local Laws Overview:
The Family Code of the Philippines is observed in Calamba for matters related to marriage. This code includes stipulations on parental consent for those aged between 18 and 21, and parental advice for those aged between 21 and 25. Bigamous and polygamous marriages, and those contracted through mistaken identity are considered void. Marriages falling under certain conditions, such as those involving fraud or force, could be annulled within five years of discovering the same. Legal separation could be pursued in cases of repeated physical violence or grossly abusive conduct, among other grounds.
Frequently Asked Questions:
What is the legal age to get married in Calamba, Philippines?
The legal age for marriage for both males and females in Calamba, as well as throughout the Philippines, is 18 years old.
Is divorce allowed in Calamba, Philippines?
Generally, divorce is not allowed in the Philippines, hence, it is not recognized in Calamba. Only annulment and legal separations are permitted under certain conditions.
What is a prenuptial agreement and do I need one?
A prenuptial agreement is a legal document agreed upon before marriage that sets forth how assets and liabilities will be divided between spouses in the event of a separation or death. Whether you need one or not depends on your financial situation and it would be best to consult with a lawyer.
What are the grounds for annulment?
Grounds for annulment include incapacity to consent, mistaken identity, fraud, force, intimidation, undue influence, physical incapacity to consummate the marriage, and serious sexually transmitted disease.
What are the requisites for legal separation?
Grounds for legal separation include repeated physical violence, physical violence or moral pressure to compel change of religious or political affiliation, attempt to corrupt or induce to engage in prostitution, final judgment sentencing the guilty party to imprisonment of more than six years, drug addiction, homosexuality, and abandonment without justifiable cause.
Additional Resources:
The Philippine Commission on Women provides useful information and resources on legal rights and issues relating to marriage. The Public Attorney’s Office provides free legal advice and assistance to qualified Filipinos. The Official Gazette of the Republic of the Philippines can also be a useful resource for understanding legal provisions and updates to the law.
Next Steps:
If you require legal assistance related to marriage in Calamba, consider hiring a local lawyer who is familiar with family law and the specific conditions applicable to your situation. Be prepared to discuss in detail the issues related to your case. Remember to bring all necessary documents with you during your appointment or consultation.
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.