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List of the best lawyers in Davao City, Philippines

GARADO LAW OFFICE TORIL - Teresita's Promenade

Davao City, Philippines

English

GARADO LAW OFFICE TORIL, located at Door 8, Teresita’s Promenade on De Guzman Street in Toril Poblacion, Davao City, offers a comprehensive range of legal services. The firm is led by Atty. Joanna Paola "Nini" Garado, who provides expertise in various areas of law, including legal consultations,...

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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

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About Marriage Law in Davao City, Philippines:

Marriage in Davao City, Philippines is governed by the Family Code of the Philippines. It is a legal union between a man and a woman, which establishes the rights and obligations between them. In Davao City, like in the rest of the country, marriage is considered a sacred institution and is regulated by specific laws and procedures.

Why You May Need a Lawyer:

There are several situations where you may need legal help in marriages such as annulment, legal separation, property division, custody and support issues, domestic violence, and many more. A lawyer can provide you with legal advice, represent you in court, and help you navigate the complex legal system related to marriage in Davao City.

Local Laws Overview:

In Davao City, the legal age for marriage is 18 years old. However, individuals aged 18 to 21 need parental consent to get married. The city also recognizes both civil and church weddings, but only civil marriages are legally binding. Divorce is not legal in the Philippines, but annulment is allowed under certain circumstances.

Frequently Asked Questions:

Q: What are the requirements for getting married in Davao City?

A: The requirements include a valid marriage license, parental consent for individuals aged 18 to 21, a certificate of no marriage (CENOMAR), and other necessary documents.

Q: How long does it take to get an annulment in Davao City?

A: The process of annulment can take several months to years, depending on the complexity of the case and court proceedings.

Q: Can same-sex marriage be legally recognized in Davao City?

A: Same-sex marriage is not legally recognized in the Philippines, including Davao City.

Q: What is the difference between legal separation and annulment?

A: Legal separation allows couples to live separately while still being married, while annulment legally declares the marriage void from the beginning.

Q: What are the grounds for annulment in Davao City?

A: The grounds for annulment include lack of parental consent, fraud, force, insanity, impotence, and other specific circumstances.

Q: How is property division handled in a divorce or annulment in Davao City?

A: Property division is based on the regime of absolute community or conjugal partnership of gains, depending on the marital property regime chosen by the couple.

Q: Can I get a marriage annulled if my spouse is diagnosed with a mental illness after marriage?

A: Yes, mental incapacity is one of the grounds for annulment in Davao City if it existed at the time of the marriage.

Q: Can I appeal the court's decision on an annulment case in Davao City?

A: Yes, you can appeal the court's decision on an annulment case within a specific period after the judgment is rendered.

Q: How can I protect my children's rights during a divorce or legal separation in Davao City?

A: You can seek legal advice from a lawyer specializing in family law to ensure your children's rights are protected during the process.

Q: Is prenuptial agreement legal in Davao City?

A: Yes, prenuptial agreements are legal in Davao City and can help protect each spouse's properties and assets in the event of separation or divorce.

Additional Resources:

For more information and assistance related to marriage laws in Davao City, you can contact the Family Court, Integrated Bar of the Philippines Davao City Chapter, or legal aid organizations specializing in family law.

Next Steps:

If you require legal assistance regarding marriage in Davao City, it is advisable to consult with a reputable lawyer specializing in family law. They can provide you with expert guidance, representation in court proceedings, and ensure your rights are protected throughout the legal process.

Lawzana helps you find the best lawyers and law firms in Davao City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Marriage, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Davao City, Philippines - quickly, securely, and without unnecessary hassle.

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.