Best Marriage Lawyers in Carcar
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List of the best lawyers in Carcar, 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 Carcar, Philippines
Marriage in Carcar, Philippines is primarily governed by the Family Code of the Philippines, which sets forth the legal requirements, rights, and obligations associated with the institution of marriage. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with Philippine law for the establishment of conjugal and family life. The local government of Carcar, Cebu, follows all national guidelines but may have specific procedures concerning documentation, registration, and the solemnization of marriages within its jurisdiction.
Why You May Need a Lawyer
There are several situations in which seeking the help of a lawyer for marriage matters in Carcar can be beneficial. You may require legal advice if you face issues such as complicated documentary requirements, previous marriages, questions on annulment, or foreign residency. Legal representation is also helpful in cases involving property relations, prenuptial agreements, or when navigating church and civil marriage procedures. If there are disputes concerning family rights, legitimacy of children, or inheritance due to marriage, a lawyer can ensure your rights and interests are protected.
Local Laws Overview
In Carcar, marriage is regulated by the provisions of the Family Code. Both parties must be at least 18 years old, with those under 25 required to undergo pre-marriage counseling. The couple needs a valid marriage license, obtainable from the Local Civil Registrar in Carcar, unless exempt under specific situations such as religious rites or prior cohabitation. There are required documents like birth certificates, Certificates of No Marriage (CENOMAR), and, for certain individuals, parental consent or advice. Annulments and legal separations are handled under strict guidelines and require judicial proceedings. Foreign nationals must comply with additional documentary requirements as stipulated by Philippine law.
Frequently Asked Questions
What documents do I need to get married in Carcar?
Both parties typically need their birth certificates, Certificates of No Marriage (CENOMAR), valid IDs, and residence certificates. Other documents might be required if previously married, widowed, or a foreign national.
How long does it take to process a marriage license?
After submitting all required documents to the Local Civil Registrar, there is a mandatory 10-day posting period before the license is issued. Processing times may vary depending on document completeness.
Is church marriage recognized by law?
Yes, a church wedding is recognized as long as the marriage is registered with the Local Civil Registrar following the ceremony.
Can foreigners get married in Carcar?
Foreign nationals can marry in Carcar but must provide a Certificate of Legal Capacity to Contract Marriage from their embassy, alongside the standard requirements.
What is the legal age for marriage?
The minimum legal age is 18 years old, but individuals under 21 need parental consent, and those aged 21 to 24 need parental advice.
Is a prenuptial agreement necessary?
While not required, prenuptial agreements can be drawn up to protect individual property rights and must be executed before the marriage and registered accordingly.
Are same-sex marriages allowed in Carcar?
Same-sex marriage is not legally recognized under current Philippine law, including in Carcar.
How can I annul a marriage?
Marriage annulment requires a court petition and is only granted on specific grounds outlined in the Family Code, such as psychological incapacity, lack of legal capacity, or consent obtained under duress.
What happens if we do not register our marriage?
Unregistered marriages are not legally valid and do not afford spouses the legal rights and obligations that come with a recognized marriage.
Where do I apply for a marriage license in Carcar?
Marriage licenses must be applied for at the Local Civil Registrar's Office of Carcar City, Cebu.
Additional Resources
For additional assistance, you may contact the following offices and organizations in or near Carcar:
- Carcar City Local Civil Registrar - Handles marriage license applications, marriage registration, and certification
- Public Attorney's Office (PAO) - Provides free legal assistance to qualified individuals
- Integrated Bar of the Philippines Cebu Chapter - Directory of private lawyers and legal aid
- Department of Social Welfare and Development - Offers pre-marriage counseling and family welfare services
- Philippine Statistics Authority - For copies of birth certificates, CENOMAR, and marriage certificates
Next Steps
If you need legal assistance regarding marriage in Carcar, begin by gathering all necessary documents and clarifying your specific concerns. Reach out to the Local Civil Registrar for procedural matters. For more complex legal questions, especially regarding annulment, property rights, or other disputes, consult a licensed family lawyer in Cebu or visit the Public Attorney's Office. If you require a prenuptial agreement or need advice regarding foreign documentation, seek guidance from a legal professional experienced in family law. Taking these steps ensures your rights and obligations are fully protected under Philippine law.
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.