Best Marriage Lawyers in Ormoc City
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List of the best lawyers in Ormoc City, 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 Ormoc City, Philippines
The Philippines is mostly guided by the Family Code when it comes to marriage laws. This strongly Catholic nation sets guidelines around lawful marriages, grounds for annulment, and legal separation. Residing in Ormoc City does not make a difference to these national laws. The Family Code encourages family unity, mutual taking care of members, and sharing of family responsibilities. Same-sex marriage is currently not recognized.
Why You May Need a Lawyer
A lawyer can be essential to navigate the complexities of marriage laws in the Philippines. You may need legal help if you are planning to get married and want to protect your assets through a prenuptial agreement, or if you are considering an annulment or separation. Disputes related to marital property, child custody, or spousal support in the aftermath of a separation also usually require a lawyer's assistance.
Local Laws Overview
In Ormoc City, as per the national law of the Philippines, both parties intending to marry should be at least 18 years old with parental consent required for those under 21. Marriages must be between a man and a woman and officiated by a person authorized by the government. Bigamous and incestuous marriages are strictly prohibited. Legal separation can be filed on grounds such as infidelity and abuse, but it doesn’t dissolve the marriage. On the other hand, nullity of marriage and annulments, while more complex, do.
Frequently Asked Questions
1. Can a foreigner marry a local resident of Ormoc City?
Yes, foreigners can marry local residents as long as they meet the requirements set by the Family Code, including age and capacity to marry, and have the necessary legal capacity based on laws of their own country.
2. Are prenuptial agreements recognized in Ormoc City, Philippines?
Yes, although not common, prenuptial agreements are recognized in the Philippines. It should be done before the marriage and not disadvantage either party.
3. Can an annulment or divorce be filed in Ormoc City?
As of now, the Philippines does not recognize divorce. However, a married individual may file for an annulment or legal separation under certain conditions.
4. What happens to property after marriage?
Without a prenuptial agreement, pertinent property becomes conjugal or common property under Absolute Community of Property rules, with exceptions like personal gifts or inheritances.
5. What is the process for marrying in Ormoc City?
Marriage in Ormoc city involves applying for a marriage license at the local civil registrar's office, passing through marriage counselling, and posting a 10-day public notice before tying the knot in a state-sanctioned ceremony.
Additional Resources
The Philippines' Official Gazette and the Family Code contain additional resources on the topic. The local civil registrar's office in Ormoc City should also be able to provide relevant information.
Next Steps
If you need legal assistance regarding marriage in Ormoc City, your first step should be to seek consulting with a reputable law firm familiar with the Family Code. They can guide you through any complexities you might face. Always consult with an attorney before making serious legal decisions.
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.