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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
Marriage
Family
Divorce & Separation
Annulment
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
Marriage
Family
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
Marriage
Family
Text me on WhatsApp: +38970704335I can help you!Regards,Svetislav Stojanoski, attorney at law

About Marriage Law in Iloilo City, Philippines:

Marriage in Iloilo City, Philippines is governed by the Family Code of the Philippines. This code sets out the legal requirements, rights, and obligations of married couples. It is important to understand the laws surrounding marriage to ensure that your rights are protected and that you are aware of your legal responsibilities as a spouse.

Why You May Need a Lawyer:

There are various situations where you may require legal assistance in matters relating to marriage. Some common reasons include: - Drafting prenuptial agreements - Handling annulment or legal separation - Resolving issues related to property division - Addressing domestic violence or abuse

Local Laws Overview:

Some key aspects of local laws in Iloilo City, Philippines that are particularly relevant to marriage include: - Legal age for marriage - Requirements for marriage license - Grounds for annulment or legal separation - Property rights of married couples

Frequently Asked Questions:

1. What is the legal age for marriage in Iloilo City, Philippines?

In Iloilo City, the legal age for marriage is 18 years old. Those aged 18 to 21 must have parental consent to get married.

2. How do I obtain a marriage license in Iloilo City?

To obtain a marriage license in Iloilo City, both parties must appear in person at the local civil registrar's office and submit the necessary documents, such as birth certificates and valid IDs.

3. What are the grounds for annulment in Iloilo City?

Some grounds for annulment in Iloilo City include lack of parental consent, psychological incapacity, and fraud.

4. Can I file for legal separation in Iloilo City?

Yes, legal separation is allowed in Iloilo City under certain circumstances, such as physical abuse, drug addiction, or infidelity.

5. How are properties divided in case of divorce in Iloilo City?

Properties acquired during the marriage are generally divided equally between spouses in Iloilo City.

6. Can I file for a restraining order in cases of domestic violence?

Yes, you can file for a restraining order to protect yourself from domestic violence in Iloilo City.

7. What is a prenuptial agreement, and how can it benefit me?

A prenuptial agreement is a contract entered into before marriage that outlines the division of assets in case of divorce. It can help protect your assets and simplify the property division process.

8. How can I prove psychological incapacity for annulment?

You will need to present evidence, such as a psychological evaluation, to prove psychological incapacity for annulment in Iloilo City.

9. Can same-sex couples get married in Iloilo City?

As of now, same-sex marriage is not legally recognized in the Philippines, including Iloilo City.

10. How can a lawyer help me with my marriage-related legal issues?

A lawyer can provide legal advice, represent you in court proceedings, draft legal documents, and guide you through the legal process to ensure your rights are protected.

Additional Resources:

For additional information and support regarding marriage in Iloilo City, you can contact the local civil registrar's office, the Integrated Bar of the Philippines - Iloilo Chapter, or seek assistance from family law attorneys specializing in marriage and family matters.

Next Steps:

If you require legal assistance in matters related to marriage in Iloilo City, Philippines, it is advisable to consult with a qualified lawyer who can provide you with personalized legal advice and representation based on your specific situation.

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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.