Best Marriage Lawyers in Santa Rosa
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List of the best lawyers in Santa Rosa, Philippines
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 Santa Rosa, Philippines
Marriage in Santa Rosa, Philippines, as with the rest of the country, is governed by the Family Code of the Philippines. Marriage is a legally binding and socially recognized union between two individuals, typically with mutual rights and obligations. In Santa Rosa, both civil and religious marriages are recognized, and prospective couples must meet specific legal requirements, including age, parental consent (in certain cases), and lack of legal impediments, to be legally united.
Why You May Need a Lawyer
Legal assistance may be required in various situations surrounding marriage. For instance, individuals may seek legal help when dealing with prenuptial agreements, marriage annulments, or divorces. Lawyers can also assist with understanding the legal implications and rights involved in marriage, resolving disputes over property and assets, handling cases of domestic violence, and advising on changes in marital status. In some cases, a lawyer may be needed to clear legal impediments or to process special marriage licenses.
Local Laws Overview
In Santa Rosa, marriage laws are largely dictated by the Family Code of the Philippines. Key aspects include the requirement of a marriage license, which couples must secure except under special circumstances such as "legal age marriage" or where couples have cohabitated for an extended period. Legal age without parental consent is 21, but individuals aged 18 to 21 must have parental consent. Marriages performed within registered religious sects are recognized provided they meet legal standards. Same-sex marriages are not legally recognized. Grounds for annulment include lack of parental consent, mental incapacity, fraud, and impotence, among others.
Frequently Asked Questions
What are the requirements for getting married in Santa Rosa?
Marriage requires a valid marriage license, which can be obtained after completing a seminar and meeting age and parental consent requirements. Valid IDs, birth certificates, and, if applicable, relevant marital status documents are also required.
Can foreigners get married in Santa Rosa?
Yes, foreigners can marry a Filipino citizen in Santa Rosa, provided they meet the requirements, including securing a Certificate of Legal Capacity to Contract Marriage from their respective embassies or consulates.
How do I obtain a marriage license in Santa Rosa?
Submit necessary documents to the local Civil Registry Office, complete a pre-marriage counseling seminar, and wait for the mandatory 10-day publication period.
What is the legal age for marriage in Santa Rosa?
Individuals must be at least 18 years old to marry with parental consent. Without parental consent, the legal age is 21.
Are prenuptial agreements valid in Santa Rosa?
Yes, prenuptial agreements are legally recognized in Santa Rosa, provided they meet the legal requirements and are executed prior to marriage.
What are valid grounds for annulment in Santa Rosa?
Grounds for annulment include lack of parental consent, fraud, undue influence, impotence, psychological incapacity, and more as specified by the Family Code.
Is divorce recognized in Santa Rosa?
Divorce is not legally recognized for Filipino citizens, except for Muslim Filipinos under Presidential Decree 1083. However, annulments and legal separations are possible.
Can we have a religious wedding without a civil one in Santa Rosa?
To be legally binding, marriages must comply with civil requirements; a religious ceremony alone is not legally sufficient if civil requirements are not met.
How are property and assets divided in a marriage in Santa Rosa?
The default property regime is absolute community of property unless a prenuptial agreement states otherwise; this means that nearly all property acquired during the marriage is jointly owned.
What happens if we have children before marriage?
Children born before marriage can be legitimized by the subsequent marriage of the parents according to Philippine law, and a declaration must be filed to acknowledge legitimacy.
Additional Resources
For more information, individuals can contact the local Civil Registry Office in Santa Rosa or visit the Department of Social Welfare and Development for guidance on marriage seminars and counseling. Non-governmental organizations, such as the Integrated Bar of the Philippines (IBP) Laguna Chapter, may also offer legal advice and assistance.
Next Steps
When seeking legal assistance regarding marriage in Santa Rosa, start by consulting with a licensed attorney familiar with family law. They can provide specific guidance based on individual circumstances. If necessary, visit the local Civil Registry Office for official documentation and liaise with a lawyer to discuss prenuptial agreements, annulments, or any issues relating to property or spousal 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.