Best Marriage Lawyers in Pampanga
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List of the best lawyers in Pampanga, 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 Pampanga, Philippines
Marriage in Pampanga, Philippines is governed by the Family Code of the Philippines, which sets out the legal framework for unions, including prerequisites, ceremonies, and legal implications. Pampanga, being part of the Philippines, follows these national guidelines but may have specific local practices and cultural nuances that may influence marriage procedures.
Why You May Need a Lawyer
While many marriages proceed without legal complications, there are several situations where legal assistance may be necessary:
- Pre-Marital Agreements: Drafting and reviewing prenuptial agreements.
- Marriage License Issues: Problems with obtaining the necessary documentation.
- Civil or Church Marriage: Navigating the differences and requirements between civil and church weddings.
- Annulment or Legal Separation: Understanding and processing annulments or legal separations.
- Property and Asset Issues: Dealing with property rights and communal assets.
- Custody and Support: Child custody, support arrangements, and disputes.
Local Laws Overview
Several key aspects of local laws in Pampanga, Philippines are relevant to Marriage:
- Legal Age: The legal age for marriage without parental consent is 21. Individuals aged 18-21 require parental consent.
- Marriage License: Couples must obtain a marriage license from the local Civil Registrar. This requires submitting birth certificates, a certificate of no marriage (CENOMAR), and attending pre-marriage counseling.
- Ceremony: The marriage ceremony can be civil or religious, but it must be solemnized by an authorized individual and registered accordingly.
- Annulment: Grounds for annulment include lack of parental consent, psychological incapacity, and consent obtained through fraud.
- Property Relations: The default property regime is absolute community of property, but couples can opt for different arrangements through a prenuptial agreement.
Frequently Asked Questions
What documents are required to get married in Pampanga?
You will need birth certificates, certificate of no marriage (CENOMAR), valid IDs, and a marriage license. Additional documents may be required if either party was previously married.
How long is the validity of a marriage license?
A marriage license is valid for 120 days from the date of issue and can be used anywhere in the Philippines.
What is the process for obtaining a marriage license?
Visit the local Civil Registrar, submit the required documents, pay the necessary fees, and attend pre-marriage counseling. The waiting period is typically 10 days after submitting your application.
Can foreigners get married in Pampanga?
Yes, foreigners can get married in Pampanga. They must provide a certificate of legal capacity to contract marriage from their embassy or consulate, in addition to the standard requirements.
What are the grounds for annulment?
Grounds for annulment include lack of parental consent, psychological incapacity, fraud, impotence, and force or intimidation.
What is the difference between annulment and legal separation?
Annulment nullifies the marriage as if it never existed, while legal separation does not dissolve the marriage but allows couples to live separately and address issues such as child custody and property division.
Is pre-marriage counseling mandatory?
Yes, couples are required to attend pre-marriage counseling as part of the marriage license application process.
What is the community property regime?
The community property regime means that all properties acquired during the marriage are jointly owned by the spouses. Properties owned before marriage remain separate unless agreed otherwise in a prenuptial agreement.
Can same-sex couples get married in Pampanga?
No, same-sex marriage is not legally recognized in the Philippines.
What happens to the property after annulment?
Upon annulment, the court will divide the community property based on equitable distribution unless there is a prenuptial agreement specifying different terms.
Additional Resources
Here are some resources and organizations that can be helpful:
- Office of the Civil Registrar General
- Philippine Statistics Authority
- Integrated Bar of the Philippines Pampanga Chapter
- Public Attorney’s Office
- Local Government Units
Next Steps
If you need legal assistance regarding marriage in Pampanga, Philippines, consider the following steps:
- Consult a lawyer specializing in family law to understand your legal standing and options.
- Visit your local Civil Registrar for guidance on the required documentation and processes.
- Attend pre-marriage counseling sessions as required by law.
- Consider reaching out to local non-profit organizations that offer legal advice and support for marriage-related issues.
By following these steps, you can ensure that you are well-prepared and informed about the legal aspects of marriage in Pampanga.
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.