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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 Liloan, Philippines

Marriage in Liloan, Philippines, is governed by the Family Code of the Philippines, which outlines the legalities surrounding marriage throughout the country. Marriage is considered a special contract of permanent union between a man and a woman, entered into in accordance with law for the establishment of conjugal and family life. Liloan, being a municipality in Cebu, follows national laws but has specific procedures and requirements carried out at the local civil registrar's office. Residents must comply with the necessary documentary, age, and procedural requirements to ensure their marriage is legally recognized.

Why You May Need a Lawyer

Legal guidance in marriage-related matters can be crucial in various situations. Here are some reasons why consulting a lawyer is beneficial:

  • Clarification and assistance regarding the marriage license application process or eligibility issues.
  • Legal advice when dealing with foreign nationals or mixed citizenship marriages.
  • Guidance on pre-nuptial agreements and property regimes (e.g., separation of property, conjugal partnership).
  • Assistance with annulment, legal separation, or declaration of nullity of marriage.
  • Addressing concerns about legitimacy, name changes, or correction of civil documents.
  • Protecting rights and addressing complications related to minor or previously married applicants.
  • Representing parties in cases of domestic violence, support, or child custody arising within marriage.

Local Laws Overview

Key aspects of marriage law in Liloan, Philippines, that you need to know include:

  • Age Requirements: The legal marrying age is 18, but those below 25 must secure parental advice. Those aged 18–21 require parental consent.
  • Marriage License: Couples must apply for a marriage license at the Liloan Local Civil Registrar, providing the necessary documents such as birth certificates, valid IDs, and certificates of no marriage (CENOMAR).
  • Waiting Period: There is a mandatory 10-day publication period after applying for the license before it is released.
  • Solemnization: Marriages can be solemnized by a judge, priest, imam, or a registered solemnnizing officer, in a church, mosque, court, or approved public venue.
  • Special Cases: Certain circumstances such as previous marriage, foreign spouse, or age waivers require additional documentation and procedures.
  • Property Regimes: Unless specified by pre-nuptial agreement, the default property regime for marriage is absolute community of property.
  • Annulment/Nullity: The Philippines does not grant divorce to most couples, but annulment or declaration of nullity is possible under specific legal grounds.

Frequently Asked Questions

Who can get married in Liloan, Philippines?

Any man and woman aged 18 or above, who are not related within prohibited degrees and have legal capacity, may marry provided they meet all documentary and procedural requirements.

What documents do we need to get a marriage license in Liloan?

You typically need birth certificates, CENOMAR (Certificate of No Marriage), valid IDs, parental consent/advice if applicable, and sometimes a pre-marriage counseling certificate.

How long does it take to process a marriage license?

After submitting documents, there is a mandatory 10-day posting period before the license is released. Processing may take longer if additional documentation is required.

Can foreigners get married in Liloan?

Yes, but foreign nationals must provide a Certificate of Legal Capacity to Marry, issued by their embassy, along with other required documents.

Is church wedding sufficient to legalize my marriage?

A church wedding must be registered with the Local Civil Registrar, which forwards the marriage certificate to the Philippine Statistics Authority (PSA) to ensure legal recognition.

Is divorce allowed in Liloan, Philippines?

Divorce is not generally recognized for Filipino citizens, except for those married to foreign nationals under specific conditions. Annulment or declaration of nullity is available under certain legal grounds.

What if I lost my marriage certificate?

You can request a copy of your marriage certificate from the Local Civil Registrar of Liloan, or obtain an authenticated copy from the Philippine Statistics Authority.

What are the grounds for annulment or nullity of marriage?

Common grounds include lack of parental consent (for certain ages), psychological incapacity, fraud, force or intimidation, or a previous existing marriage.

Are same-sex marriages recognized in Liloan?

No, only marriages between a man and a woman are legally recognized in the Philippines at present time.

Can we enter into a pre-nuptial agreement?

Yes, you may execute a pre-nuptial agreement before marriage, specifying the property regime to govern your union. This must be in writing and notarized.

Additional Resources

If you need further information or assistance about marriage in Liloan, you can contact or consult the following:

  • Liloan Municipal Civil Registrar: Handles marriage license application, marriage registration, and correction of civil documents.
  • Philippine Statistics Authority (PSA): Provides authenticated marriage certificates and CENOMAR.
  • Integrated Bar of the Philippines – Cebu Chapter: Offers legal counsel and referral services.
  • Department of Social Welfare and Development (DSWD): Provides family counseling and support services.
  • Local Family Courts and Prosecutor’s Office: For cases involving annulment, declaration of nullity, custody, or support.

Next Steps

If you require legal assistance regarding marriage in Liloan:

  1. Gather all relevant documents and information regarding your marriage situation (IDs, certificates, previous court orders, etc.).
  2. Contact the Liloan Municipal Civil Registrar for procedural concerns about licenses, certificates, and document corrections.
  3. If you face legal complications (annulment, property disputes, foreign spouse concerns), seek a consultation with a family law attorney, either privately or through the Integrated Bar of the Philippines.
  4. Be ready to discuss your specific circumstances clearly and make notes of your questions or concerns beforehand.
  5. Follow the advice of your chosen legal professional, ensuring you keep copies of all relevant papers and receipts.

Navigating marriage laws can be complex, but local offices and legal professionals in Liloan are equipped to guide you through the process and help protect your rights.

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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.