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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 Marikina City, Philippines

Marriage in Marikina City, Philippines, is governed by the Philippine Family Code. This code sets the rules and regulations surrounding marriages, including requirements for a valid marriage, grounds for annulment, and the legal effects of marriage. It is important to understand these laws to ensure that your marriage is legally recognized and protected under the law.

Why You May Need a Lawyer

There are several situations where you may need a lawyer's assistance in matters related to marriage. Some common reasons include prenuptial agreements, annulment or legal separation, adoption, and property disputes. A lawyer can provide guidance and legal expertise to help you navigate these complex legal issues and protect your rights.

Local Laws Overview

In Marikina City, Philippines, marriages must adhere to the requirements set forth in the Philippine Family Code. These requirements include obtaining a marriage license, meeting the legal age for marriage, and ensuring that both parties are not already married to someone else. Additionally, Marikina City may have its own local ordinances that impact marriage, so it is important to consult with a lawyer familiar with local laws.

Frequently Asked Questions

1. Can foreigners get married in Marikina City, Philippines?

Yes, foreigners can get married in Marikina City, Philippines, as long as they comply with the legal requirements set forth in the Philippine Family Code.

2. What is a prenuptial agreement, and do I need one?

A prenuptial agreement is a contract entered into before marriage that outlines how assets and properties will be divided in the event of divorce. While not mandatory, a prenuptial agreement can provide peace of mind and protect your assets in case of a separation.

3. How do I file for annulment in Marikina City?

To file for annulment in Marikina City, you will need to meet certain grounds for annulment as stipulated in the Philippine Family Code. It is recommended to consult with a lawyer who specializes in family law to guide you through the process.

4. What are the legal requirements for marriage in Marikina City?

The legal requirements for marriage in Marikina City include obtaining a marriage license, being of legal age, and ensuring that both parties are not currently married to someone else.

5. Can same-sex couples get married in Marikina City?

Same-sex marriage is not recognized in the Philippines. However, same-sex couples may explore other legal options, such as cohabitation agreements or civil unions.

6. What is the process for adopting a child in Marikina City?

The process for adopting a child in Marikina City involves meeting certain legal requirements, such as being of legal age and demonstrating the ability to provide a stable and loving home for the child. It is advisable to consult with a lawyer who specializes in adoption law to help you navigate this process.

7. What is the difference between legal separation and annulment?

Legal separation allows couples to live separately while still legally married, whereas annulment declares the marriage void from the beginning. Legal separation does not allow for remarriage, while annulment does.

8. How are marital properties divided in Marikina City?

Marital properties are typically divided equally between spouses in Marikina City, unless there is a prenuptial agreement specifying otherwise or a court order determining a different division of assets.

9. How long does the annulment process take in Marikina City?

The annulment process can vary in duration depending on the complexity of the case and other factors. It is best to consult with a lawyer experienced in family law to get an estimate of how long the process may take.

10. Can I change my name after getting married in Marikina City?

Yes, you can change your name after getting married in Marikina City. The process involves updating your identification documents, such as your driver's license and passport, with your new name. It is advisable to consult with a lawyer to ensure a smooth name change process.

Additional Resources

For more information on marriage laws in Marikina City, Philippines, you can visit the Marikina City Hall or contact the Marikina City Civil Registry Office. Additionally, legal aid organizations such as the Integrated Bar of the Philippines (IBP) may be able to provide assistance and resources related to marriage law.

Next Steps

If you require legal assistance in matters related to marriage in Marikina City, Philippines, it is advisable to consult with a lawyer who specializes in family law. They can provide legal guidance, support, and representation to help you navigate the complexities of marriage laws and 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.