Best Marriage Lawyers in 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 Philippines
Marriage in the Philippines is governed by the Family Code of the Philippines, which outlines the legal requirements, rights, and obligations of married couples. It is a legal and binding contract between two individuals who are of legal age and not already married to someone else. Marriage laws in the Philippines are primarily based on civil law.
Why You May Need a Lawyer
There are several situations where you may need a lawyer for marriage-related issues in the Philippines. These include filing for a marriage license, addressing prenuptial agreements, handling annulments or legal separations, resolving property or custody disputes, and seeking legal advice on marriage-related matters.
Local Laws Overview
Some key aspects of local laws in the Philippines relevant to marriage include the legal age for marriage (18 years old), the requirement of a marriage license issued by the local civil registrar, the prohibition of marriage between close relatives, and the recognition of annulment and legal separation as legal remedies for failed marriages.
Frequently Asked Questions
1. What are the requirements for getting married in the Philippines?
To get married in the Philippines, you need to be of legal age, not already married, and obtain a marriage license from the local civil registrar.
2. Can foreigners get married in the Philippines?
Yes, foreigners can get married in the Philippines as long as they comply with the legal requirements and procedures for marriage.
3. How can I file for annulment in the Philippines?
To file for annulment in the Philippines, you need to meet certain legal grounds and follow the procedures set by the court. It is advisable to seek legal advice from a lawyer specializing in family law.
4. What is a prenuptial agreement, and is it legally binding in the Philippines?
A prenuptial agreement is a contract entered into by couples before marriage to outline the division of assets in case of divorce or annulment. Prenuptial agreements are legally recognized in the Philippines.
5. How can I protect my rights in a marriage in the Philippines?
You can protect your rights in a marriage in the Philippines by knowing and understanding your legal rights, seeking legal advice when needed, and being proactive in addressing legal issues that may arise.
6. Can same-sex marriage be legally recognized in the Philippines?
As of now, same-sex marriage is not legally recognized in the Philippines. However, there have been ongoing discussions and debates on the issue.
7. What are the implications of marriage on property rights in the Philippines?
Marriage in the Philippines involves the sharing of properties acquired during the marriage between spouses. It is important to understand the legal implications of property rights in marriage.
8. How can I dissolve a marriage in the Philippines?
You can dissolve a marriage in the Philippines through annulment or legal separation, depending on the circumstances. It is advisable to seek legal advice from a lawyer specializing in family law.
9. Can a marriage in the Philippines be declared null and void?
Yes, a marriage in the Philippines can be declared null and void if it fails to meet certain legal requirements or grounds for marriage.
10. What rights do I have as a spouse under Philippine marriage law?
As a spouse in the Philippines, you have rights to support, conjugal partnership, inheritance, and other legal benefits outlined in the Family Code of the Philippines.
Additional Resources
For more information and legal assistance on marriage-related issues in the Philippines, you can contact the Integrated Bar of the Philippines (IBP) or consult with family law attorneys specializing in marriage law.
Next Steps
If you require legal assistance or advice regarding marriage in the Philippines, it is recommended to contact a lawyer specializing in family law or marriage law to guide you through the legal process and protect your rights.
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.