Best Marriage Lawyers in Lapu-Lapu City

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List of the best lawyers in Lapu-Lapu City, Philippines

Recososa Law Firm

15 minutes Free Consultation

Lapu-Lapu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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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 Lapu-Lapu City, Philippines

Marriage in Lapu-Lapu City, as part of the Philippines, is governed by the Family Code of the Philippines, which provides the legal framework for marriage in the country. This includes requirements for a valid marriage, the rights and responsibilities of spouses, and procedures for marriage dissolution. Additionally, with its vibrant culture and tradition, Lapu-Lapu City may incorporate local customs in marriage ceremonies, especially given its historical significance and rich heritage.

Why You May Need a Lawyer

There are several situations where you might require legal advice in the context of marriage in Lapu-Lapu City:

Pre-marital Agreements: Creating agreements that outline the distribution of assets in the event of a divorce or separation.
Marriage Process and Requirements: Assistance in understanding and fulfilling legal requirements for marriage licenses and ceremonies.
Annulments: Guidance through the complex process of annulling a marriage under Philippine law.
Spousal Rights: Clarification of the legal rights and responsibilities between spouses, including property rights and financial support.
Domestic Disputes: Navigating legal protections in cases of domestic violence or disputes.

Local Laws Overview

Marriage laws in Lapu-Lapu City are governed by the Family Code of the Philippines. Key aspects include:

Marriage License: Couples must obtain a marriage license, which involves certain documentary requirements and waiting periods.
Age Requirements: The legal age for marriage is 18, but parental consent is required for those below 21.
Annulment Grounds: The Philippines does not have divorce; instead, annulments can be granted under specific circumstances such as fraud, lack of legal age, and psychological incapacity.
Property Regime: The default property regime for marriages is absolute community of property, unless a pre-marital agreement states otherwise.

Frequently Asked Questions

What are the requirements for obtaining a marriage license in Lapu-Lapu City?

Both parties must submit a duly accomplished application form, valid IDs, and a Certificate of No Marriage Record (CENOMAR) issued by the Philippine Statistics Authority (PSA). Additionally, parental consent or advice is required for those under 21.

Can foreigners marry in Lapu-Lapu City?

Yes, foreigners can marry in Lapu-Lapu City provided they present a "Certificate of Legal Capacity to Contract Marriage" from their respective country’s embassy or consulate in the Philippines.

How long does the marriage license process take?

The processing of a marriage license typically takes around 10 days after application, provided that all requirements are submitted and complied with.

Is divorce recognized in Lapu-Lapu City?

Divorce is not recognized under Philippine law. Instead, a legal separation or annulment process may be pursued to dissolve a marriage.

What is the process for an annulment?

An annulment involves filing a case in family court on specified grounds and often requires legal representation due to its complexity.

How is property divided in a marriage?

In the absence of a pre-marital agreement, property is governed by the regime of absolute community of property, where all assets are considered jointly owned by the spouses.

What can I do if I face domestic violence?

You can seek protection under the Anti-Violence Against Women and Children Act, which provides protective measures and legal recourse for victims.

Are pre-marital agreements legally recognized?

Yes, pre-marital agreements are recognized, provided they are duly executed and do not violate laws or public policy.

What are grounds for legal separation?

Grounds include repeated physical violence, drug addiction, sexual infidelity, and abandonment among others.

Where can I access pre-marital counseling in Lapu-Lapu City?

Pre-marital counseling is often available through local government units or church organizations, which provide guidance to engaged couples.

Additional Resources

If you are seeking more help or information, consider reaching out to the following resources:

Office of the Civil Registrar in Lapu-Lapu City: For queries about marriage licenses and records.
Philippine Statistics Authority (PSA): For obtaining necessary documents like CENOMAR.
Department of Social Welfare and Development (DSWD): For support and counseling services.
Local Family Courts: For legal proceedings related to marriage dissolution.

Next Steps

If you need legal assistance regarding marriage in Lapu-Lapu City, consider hiring a lawyer with expertise in family law. Start by asking for recommendations from friends or family, or consult the Integrated Bar of the Philippines for a list of qualified legal professionals in your area. Remember to gather all necessary documents and prepare any questions you may have to ensure a productive consultation.

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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.