Best Marriage Lawyers in Caloocan City
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List of the best lawyers in Caloocan City, 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 Caloocan City, Philippines
Marriage in Caloocan City, as in the rest of the Philippines, is a legal union between a man and a woman. It is governed by the Family Code of the Philippines, which outlines the legal rights, responsibilities, and obligations of married couples. Caloocan City, being part of the National Capital Region, adheres to the national laws but also follows local administrative requirements for marriage registration and ceremonies. Prospective couples are required to secure a marriage license before they can marry, ensuring both parties meet the legal age requirement and comply with other marital regulations.
Why You May Need a Lawyer
There are several situations where individuals may seek legal help in marriage matters:
- Pre-Nuptial Agreements: Drafting a prenuptial agreement to ensure assets are protected.
- Annulment and Legal Separation: Navigating the process and legal grounds for annulment or legal separation.
- Marriage Nullity: Understanding the distinctions between annulment and nullity of marriage.
- Spousal Support and Custody: Resolving issues surrounding spousal support and child custody.
- Property Settlements: Settling disputes regarding property division upon dissolution of marriage.
Local Laws Overview
In Caloocan City, the following aspects of local marriage laws are important:
- Marriage License: Couples must apply for this at the local Civil Registry Office, with both parties present. Required documents include birth certificates and a certificate of no marriage (CENOMAR).
- Age Requirements: Legal age for marriage is 18, but parental consent is necessary for those below 21. Those aged 21 to 25 also require parental advice.
- Marriage Solemnization: The ceremony can be conducted by a duly authorized officiant such as a judge, priest, or minister.
- Special Marriages: There are provisions for special marriage cases such as foreign nationals marrying locals, under Article 21 of the Family Code.
Frequently Asked Questions
What is the legal age to marry in Caloocan City?
The legal age to marry is 18. However, individuals under 21 need parental consent, while those 21 to 25 need parental advice.
Where do we apply for a marriage license in Caloocan City?
Marriage licenses can be applied for at the Civil Registry Office located within the city hall.
What documents are required to apply for a marriage license?
Applicants must provide their birth certificate, CENOMAR, and parental consent or advice if applicable.
How long is the marriage license valid once issued?
The marriage license is valid for 120 days from the date of issuance and can be used anywhere in the Philippines.
Can we have our marriage solemnized outside Caloocan City?
Yes, as long as the marriage is solemnized by an authorized officiant, the location can be outside Caloocan City.
How can a marriage be annulled in Caloocan City?
An annulment requires a legal process where grounds such as psychological incapacity or coercion are proved in court.
What legal implications come with getting married in terms of property?
Unless a prenuptial agreement exists, the default property regime is absolute community of property.
How is child custody determined in case of marriage dissolution?
Custody is resolved based on the best interests of the child, often favoring the mother for young children unless otherwise contested.
Is a church wedding recognized by the state?
Yes, provided it's performed by a duly authorized officiant and all legal requirements are met, it has the same legal recognition.
Are foreign nationals allowed to marry in Caloocan City?
Yes, foreign nationals can marry locals. They must meet additional requirements such as a Legal Capacity to Contract Marriage from the embassy.
Additional Resources
Here are some resources where you can find more information or help:
- Civil Registry Office: For local marriage procedures and document filing.
- Philippine Statistics Authority (PSA): For national guidelines on marriage licenses and CENOMAR applications.
- Integrated Bar of the Philippines (IBP): For legal assistance and lawyer referrals.
- Department of Social Welfare and Development (DSWD): For social services related to marriage counseling.
Next Steps
If you require legal assistance regarding marriage in Caloocan City, it is advisable to consult with a lawyer who specializes in family law. You can begin by reaching out to the Integrated Bar of the Philippines for lawyer recommendations. Gathering necessary documents and having a clear understanding of your needs can help streamline the legal assistance process.
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.