You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
Best Marriage Lawyers in Dasmarinas
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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
Marriage
Family
Divorce & Separation
Annulment
Marriage
Family
Marriage
Family
About Marriage Law in Dasmarinas, Philippines
Marriage in Dasmarinas, like the rest of the Philippines, is a significant legal and social contract between two individuals. Governed by the Family Code of the Philippines, marriage involves a civil and/or religious ceremony that legally binds two individuals as partners. The laws surrounding marriage in the Philippines, including Dasmarinas, emphasize the importance of mutual consent, legal capacity, and the absence of impediments such as an existing marriage or close relation. Different types of marriages—civil, religious, or customary—are recognized, though they must adhere to specific legal requirements to be valid.
Why You May Need a Lawyer
There are several scenarios in which individuals in Dasmarinas may require legal assistance concerning marriage. These can include:
- Preparing and validating prenuptial agreements to protect individual assets.
- Navigating the annulment process, which is a legal procedure to declare a marriage null and void.
- Legal separation cases where spouses live apart without dissolving the marriage.
- Addressing issues related to marital property division, custody and child support in case of separation.
- Assistance with immigration concerns for married residents with foreign partners.
- Advice on recognition of foreign marriages or the legalization of marriage documents for international purposes.
Local Laws Overview
Marriage laws in Dasmarinas adhere to national regulations under the Family Code of the Philippines. Key aspects include:
- Legal Age and Consent: The legal age for marriage is 18. However, individuals under 21 require parental consent, and those between 21 and 25 need parental advice.
- Marriage License: A valid marriage license is mandatory, except for marriages of extraordinary circumstances, such as those of Muslims and Indigenous Peoples following specific religious or cultural practices.
- Annulment and Separation: Annulment, requiring substantial legal proof, is the legal process to nullify a marriage. Legal separation allows living apart without officially ending the marriage. Both include complex legal proceedings.
- Property Regime: The default property regime is absolute community of property, meaning properties acquired before or during marriage are jointly owned unless otherwise stipulated in a prenuptial agreement.
Frequently Asked Questions
What is the legal age to get married in Dasmarinas?
The legal age for marriage is 18, but if you are between 18 and 21, you will require parental consent. Those between 21 and 25 years old require parental advice.
How do I obtain a marriage license?
A marriage license can be obtained from the local civil registrar's office in Dasmarinas, requiring both parties to present valid identification and completed application forms. A 10-day publication period is typically required.
What are the requirements for a civil marriage ceremony?
You need a valid marriage license, government-issued identification, and the presence of at least two witnesses to perform a civil marriage ceremony.
Can foreign nationals get married in Dasmarinas?
Yes, foreign nationals can marry in Dasmarinas, but they need to provide a Certificate of Legal Capacity to Marry from their respective embassies or consulates in the Philippines.
What is an annulment, and how is it different from divorce?
Annulment is a legal procedure to nullify a marriage under specific grounds, as divorce is not allowed in the Philippines. It declares the marriage invalid from the beginning.
What is considered a valid prenuptial agreement?
A prenuptial agreement must be written, signed by both parties before the marriage, and acknowledged before a notary public to be valid.
Are same-sex marriages legal in Dasmarinas?
No, same-sex marriages are not legally recognized in the Philippines, including Dasmarinas.
How is marital property divided in case of separation?
Unless otherwise stated in a prenuptial agreement, properties acquired during marriage are generally considered joint property and divided equitably.
What is the process for legal separation?
Legal separation requires filing a petition with the appropriate court, stating the legal grounds for separation, and can involve a lengthy legal process.
How can I ensure my child's welfare is protected during separation or annulment?
Legal assistance can help to enforce child's rights for support and custody, and the best interest of the child is often prioritized in court decisions.
Additional Resources
Several resources can be beneficial for those seeking legal assistance or more information about marriage in Dasmarinas:
- Office of the City Civil Registrar: Responsible for providing marriage licenses and other civil documents.
- Public Attorney’s Office (PAO): Offers free legal assistance for qualified individuals.
- Integrated Bar of the Philippines (IBP) - Cavite Chapter: Can help find qualified attorneys specialized in family and marriage law.
- Local NGO’s and Church-based organizations: Often provide counseling services and legal advice for marriage-related issues.
Next Steps
If you require legal assistance regarding marriage in Dasmarinas, consider the following steps:
- Consult with a lawyer specializing in family law to understand your rights and options.
- Visit the Dasmarinas City Hall or the local civil registrar for procedural guidance and necessary documentation.
- Seek support from local community organizations for counseling or mediation services.
- Prepare all necessary documentation for any legal process, including identification, marriage certificates, or previous legal agreements.
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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.
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.