Best Marriage Lawyers in Naga
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List of the best lawyers in Naga, Philippines
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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
About Marriage Law in Naga, Philippines
Marriage in Naga, Philippines, is governed primarily by the Family Code of the Philippines, with local implementation by the city government and civil registry. In the Philippines, marriage is a legal, social, and religious institution signifying the union of a man and a woman. The law imposes specific requirements and procedures that must be strictly followed for a marriage to be valid and recognized by the state. Naga, as a chartered city, observes national legislation but may apply local regulations concerning documentation and ceremony protocols.
Why You May Need a Lawyer
Many people seek legal assistance in marriage matters to ensure that all legal requirements are properly fulfilled before, during, and after the wedding. Common situations where legal help is needed include:
- Ensuring all documentary requirements are complete and valid
- Addressing legal impediments such as prior subsisting marriages or age issues
- Handling issues of annulment, nullity, or legal separation
- Clarifying property relations and drawing up prenuptial agreements
- Securing foreigner and dual citizen compliance with local laws
- Dealing with disputes related to legitimacy, inheritance, or custody
- Rectifying errors in marriage certificates and related documents
- Facilitating recognition of foreign or out-of-town marriages
A lawyer provides guidance to avoid costly mistakes, prevent legal complications, and help protect your rights and interests.
Local Laws Overview
Marriage in Naga, Philippines, is guided by both national and local rules. Key aspects include:
- Legal Age and Consent - Men and women must be at least 18 years old to marry, and those under 21 need parental consent.
- Marriage License - Couples must secure a marriage license from the local civil registrar, unless exempted by law (for instance, if married according to religious rites in certain circumstances).
- Documentary Requirements - Common documents include birth certificates, certificate of no marriage (CENOMAR), parental consent or advice if applicable, and, for non-Filipinos, a legal capacity to marry from their embassy.
- Waiting Period - There is a mandatory ten-day posting period to allow for any possible objections to the marriage.
- Officiants - The marriage must be solemnized by an authorized person, such as a judge, mayor, or duly licensed religious minister.
- Registration - After the solemnization, the marriage should be properly registered with the local civil registry for official recognition.
- Special Cases - The law provides for specific procedures regarding minors, previously married individuals, and foreigners.
Failing to follow these steps can result in an invalid marriage or difficulties when dealing with related legal matters later.
Frequently Asked Questions
What documents are needed to get married in Naga, Philippines?
Both parties need to submit birth certificates, certificates of no marriage (CENOMAR), a valid ID, parental consent if under 21, and, for foreigners, a legal capacity to marry issued by their respective embassies.
How long does it take to process a marriage license?
Usually, it takes about 10 days to process a marriage license. This includes the posting period, during which anyone can oppose the application.
Can non-Filipinos get married in Naga?
Yes, non-Filipinos can marry in Naga as long as they comply with Philippine laws, which include submitting a legal capacity to marry from their embassy and completing all standard requirements.
Is there a required seminar before marriage?
Yes, most local civil registrars in Naga require couples to attend a pre-marriage counseling seminar as part of the license application process.
Who can officiate weddings in Naga?
Judges, mayors, barangay captains, and authorized religious ministers are among those recognized to officiate marriages in Naga.
How is property ownership affected by marriage?
By default, the Philippines follows absolute community of property unless a prenuptial agreement is executed. All properties acquired before and during marriage are generally considered communal, with certain exceptions.
What if there is an error in our marriage certificate?
Errors may be corrected through a legal process at the local civil registry. Some corrections may require a judicial order.
Can same-sex couples marry in Naga?
As of now, Philippine law recognizes marriage only between a man and a woman.
How do I get an annulment or nullity of marriage?
Annulment or nullity cases are filed in court, and the process can be complex and lengthy. Legal grounds must be strictly proven, often requiring legal representation.
Do marriages in Naga have international recognition?
Philippine marriages are generally recognized by countries with diplomatic relations, but further registration and legalization may be needed for use abroad.
Additional Resources
For further assistance and information about marriage in Naga, you may contact:
- Naga City Civil Registry Office - Handles marriage licenses, registration, and documentation concerns.
- Department of Social Welfare and Development (DSWD) - Offers family counseling and pre-marriage seminars.
- Public Attorney’s Office (PAO) Naga City - Provides free legal counsel for qualified individuals.
- Integrated Bar of the Philippines (IBP) Camarines Sur Chapter - Refers individuals to accredited family law practitioners.
- Philippine Statistics Authority (PSA) - Issues certified copies of marriage certificates, CENOMAR, and related documents.
These offices can provide application forms, lists of requirements, and up-to-date legal advice.
Next Steps
If you need legal assistance regarding marriage in Naga, Philippines, consider the following steps:
- Gather all pertinent personal documents, such as IDs, birth certificates, and previous marriage records if applicable.
- Visit the Naga City Civil Registry Office for detailed requirements and schedule your seminar and application filing.
- If you anticipate legal issues, contact a family law specialist or consult the Public Attorney’s Office or the local IBP chapter for guidance.
- For foreigners or those marrying a foreign national, check with both the Philippine authorities and your embassy for additional requirements.
- If you are facing potential legal impediments, legal separation, or annulment concerns, prioritize consulting a licensed attorney before proceeding further.
Seeking professional legal advice early in the process helps ensure that your marriage meets all legal criteria and avoids future complications. Proper preparation and compliance with both national and local laws will protect your rights and your family's future.
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.