Best Marriage Lawyers in Central
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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 Central, Philippines
Marriage in the Central Philippines is predominantly governed by the Family Code of the Philippines, which sets forth the rights and obligations of married individuals. The Family Code defines marriage as a special contract of permanent union between a man and a woman, entered into in accordance with law, for the establishment of a conjugal and family life. This law applies uniformly throughout the Philippines, including the central regions, ensuring that marriage laws are consistent and uphold the fundamental institution of marriage as a vital legal union.
Why You May Need a Lawyer
There are several situations where individuals may require legal assistance related to marriage. These include the preparation of prenuptial agreements, guidance when dealing with annulment or legal separation, navigating the complexities of marital property and inheritance rights, and addressing issues related to child custody, support, and adoption. Additionally, legal help is often necessary when forced marriages or cases of marital abuse arise. Having a lawyer ensures that one's rights are protected and that legal proceedings are conducted fairly and in accordance with the law.
Local Laws Overview
In the Central Philippines, as throughout the country, the Family Code governs marriages. Key aspects include the requirement of legal capacity, consent to the marriage, and the necessity to obtain a marriage license unless exempted by law (e.g., if both parties have been living together for a considerable period as husband and wife). The Code also outlines the grounds and legal procedures for annulment, as well as the division of property under different property regimes like conjugal partnership and absolute community of property. Additionally, local customs and traditions may impact the practical application of these laws, but cannot contradict national legislation.
Frequently Asked Questions
What are the requirements for a valid marriage in the Philippines?
A valid marriage requires the legal capacity of the contracting parties, mutual consent freely given, and a marriage ceremony solemnized by a duly authorized officiant, with all legal formalities observed.
Can foreigners get married in the Central Philippines?
Yes, foreigners can get married in the Philippines. However, they must provide a "Certificate of Legal Capacity to Marry" issued by their respective embassies or diplomatic offices, verifying that they are legally free to marry.
What is the difference between annulment and legal separation?
Annulment declares a marriage null and void, as if it never occurred, while legal separation does not dissolve the marriage but allows spouses to live separately and legally separate their possessions.
Is a prenuptial agreement enforceable in the Philippines?
Yes, prenuptial agreements are enforceable in the Philippines as long as they comply with the legal requirements set forth under the Family Code and are executed before the marriage.
How are properties divided in case of an annulment?
The division of properties depends on the property regime agreed upon (or by default, the absolute community of property regime applies). In annulments, properties are typically divided based on what was agreed in the prenuptial agreement or by default legal provisions governing the property regime.
What grounds are recognized for annulment?
Grounds for annulment include lack of parental consent (if needed), psychological incapacity, fraud, force, intimidation, or undue influence, impotence, and serious sexually transmitted diseases, among others.
How does legal separation affect child custody?
In cases of legal separation, custody of children under seven is generally awarded to the mother, unless the court decides otherwise. The welfare and best interest of the child remain the primary consideration.
Can same-sex couples marry in the Central Philippines?
As of the current law, the Family Code only recognizes marriage between a man and a woman, therefore same-sex marriage is not legally recognized in the Philippines.
What legal obligations do married couples have towards each other?
Spouses have the obligation to live together, observe mutual love, respect, and fidelity, and render mutual help and support in accordance with their respective incomes or wealth.
Is domestic violence a ground for legal separation?
Yes, repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner, is a recognized ground for legal separation.
Additional Resources
Individuals seeking additional information about marriage laws can contact local government units, the Philippine Statistics Authority for civil registration information, or organizations like the Integrated Bar of the Philippines for legal assistance. The Department of Social Welfare and Development can also provide support for marriage counseling and family services.
Next Steps
If you require legal assistance concerning marriage, it is advisable to consult with a licensed family law practitioner. They can provide tailored advice and represent you in legal proceedings if necessary. Contact local law offices, inquire with the Integrated Bar of the Philippines, or seek referrals from friends or family to find a qualified attorney. Document all relevant information pertinent to your legal matters before meeting with your lawyer to facilitate a comprehensive evaluation of 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.