Best Marriage Lawyers in San Fernando
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
List of the best lawyers in San Fernando, Philippines
We haven't listed any Marriage lawyers in San Fernando, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in San Fernando
Find a Lawyer in San Fernando
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 recososalawfirm@gmail.com.We 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 San Fernando, Philippines
Marriage in San Fernando, Philippines is governed by the Family Code of the Philippines, which is the primary law relating to civil unions and family matters in the country. Marriage is viewed legally as a special contract between a man and a woman, establishing a permanent union for the purpose of building a family. The process involves specific legal requirements, including age, parental consent or advice if under a certain age, and official documentation. All civil or church marriages conducted in San Fernando must comply with Philippine national laws, but local registration and certain procedural steps are managed by the city's Civil Registrar and local government units.
Why You May Need a Lawyer
There are many situations where legal assistance is critical in matters of marriage in San Fernando. You may need a lawyer if you encounter issues such as disputes over marriage validity, questions about required documents, legal separation, annulment, property rights within marriage, or difficulties about parental consent. Lawyers can also help when foreign nationals are involved, if there is suspicion of fraud or coercion, or when questions about inheritance or legitimacy of children arise. A legal expert can clarify your rights, ensure proper process, and protect your interests both before and after the wedding.
Local Laws Overview
In San Fernando, and throughout the Philippines, marriage law is guided by the Family Code. Key aspects include:
- Eligibility: Both parties must be at least 18 years old, but those between 18 and 21 require parental consent, and those 21 to 25 need parental advice.
- No existing marriage: Both partners must be legally single, widowed, or have a prior marriage officially annulled or declared null.
- Marriage License: Couples must apply for a marriage license from the San Fernando City Civil Registrar, except for certain religious or indigenous marriages.
- Witnesses: At least two legal-age witnesses must be present at the ceremony.
- Authorized officiant: The ceremony must be solemnized by someone legally recognized to officiate weddings in the Philippines, such as a judge, priest, minister, imam, or authorized government official.
- Registration: After the wedding, the marriage must be registered with the local Civil Registrar for it to be valid and recognized under the law.
- Special rules: Certain circumstances such as marriages of foreigners, proxy marriages, or local customary ceremonies may have additional requirements or restrictions.
Frequently Asked Questions
What are the basic requirements to get married in San Fernando?
You need to provide birth certificates, valid identification, a Certificate of No Marriage (CENOMAR), parental consent or advice if under 25, and attend a pre-marriage counseling seminar. Both parties must be present for the license application.
Where do we apply for a marriage license?
You must apply for a marriage license at the City Civil Registrar’s Office in San Fernando, where you or your fiancé have resided for at least one month.
How long does it take to process a marriage license?
After submitting all required documents and attending the pre-marriage seminar, there is a mandatory ten-day waiting period before the license is released.
Is a church wedding automatically recognized as legal in San Fernando?
Yes, provided the officiating priest, minister, or religious leader is authorized and the marriage is registered with the Civil Registrar.
Can foreigners get married in San Fernando?
Yes, but foreign nationals must provide a Legal Capacity to Contract Marriage from their embassy or consulate in the Philippines, in addition to standard requirements.
Can I remarry in San Fernando if I am divorced abroad?
Divorce is not recognized for Filipino citizens. However, a foreign divorce decree may be recognized for foreigners or for Filipino spouses if certain legal processes are completed.
What is the difference between civil and church weddings in San Fernando?
A civil wedding is officiated by a judge or authorized government official, while a church wedding is conducted by a priest or minister. Both must comply with legal procedures and be properly registered.
What should I do if I lost my marriage certificate?
You can request an official copy from the San Fernando City Civil Registrar or from the Philippine Statistics Authority after the marriage has been registered.
Can same-sex couples marry in San Fernando?
Currently, Philippine law does not recognize or allow same-sex marriage.
What legal grounds exist for annulment or declaration of nullity of marriage?
Grounds can include psychological incapacity, fraud or coercion, lack of parental consent (if required), bigamy, or being underage at the time of marriage, among others, as specified in the Family Code.
Additional Resources
For more detailed information or help related to marriage in San Fernando, you may contact these organizations:
- San Fernando City Civil Registrar’s Office - For marriage license applications and registrations.
- Office of the Clerk of Court, Regional Trial Court - For annulment, legal separation, or other judicial petitions related to marriage.
- Philippine Statistics Authority - For official copies of marriage certificates and CENOMAR requests.
- Integrated Bar of the Philippines (IBP) Pampanga Chapter - For referrals to qualified local lawyers specializing in family law.
- Women and Children Protection Desk (WCPD) at local police stations - For issues involving domestic violence or abuse within marriage.
Next Steps
If you need legal assistance related to marriage in San Fernando, start by gathering all personal identification and relevant documents such as birth certificates and CENOMAR. Identify the specific nature of your concern, whether it is about marriage registration, annulment, or related issues. Visit the San Fernando City Civil Registrar for procedural guidance. If your situation is complex or involves potential litigation, contact a lawyer who specializes in family or marriage law. The Integrated Bar of the Philippines can help connect you with qualified legal professionals. Attend required seminars or counseling as mandated. Take note of waiting periods and compliance with all legal requirements to ensure your marriage or related legal matters are valid and recognized under Philippine law.
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.