Best Marriage Lawyers in Santiago

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NARAG LAW OFFICE
Santiago, Philippines

Founded in 2015
12 people in their team
English
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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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
Marriage
Family
Divorce & Separation
Annulment
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
Marriage
Family
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
Marriage
Family
Text me on WhatsApp: +38970704335I can help you!Regards,Svetislav Stojanoski, attorney at law

About Marriage Law in Santiago, Philippines

The Philippines, including the city of Santiago, adheres to the Family Code of the Philippines, which is the principal law that deals with marriage and family issues. Marriage in Santiago, and in broader Philippines, is mainly a civil contract and is considered valid if both parties are free to enter into it in all respects. There are several legal requirements that must be met for a marriage to be considered lawfully binding. This can include gathering correct documentation, observing age restrictions, and following proper protocols during the ceremony.

Why You May Need a Lawyer

While navigating the complexities of marriage law, including sorting out financial agreements or prenuptial contracts, many couples may benefit from consulting a lawyer. Similarly, a lawyer's help may prove invaluable when dealing with marital separation or divorce, which can entail a more complex understanding of Filipino law due to its non-recognition of divorce. Additionally, matters involving annulment, legal separation, or other forms of marital dissolution, as well as disputes concerning child custody or marital property, often require legal assistance.

Local Laws Overview

The Family Code of the Philippines recognizes and regulates marriages. Among the key requirements are the absence of any legal impediment, freely given consent from both parties, the right age of marriage (which is 18 years and above), and carrying out the marriage ceremony with at least two witnesses present. Legally, there is no divorce in Santiago or anywhere in the Philippines, and annulment is the only option for couples who want to end their marriage. Legal separation can also be considered, but it doesn't dissolve the marriage. There are provisions for property relations between spouses, custody of children, and financial support.

Frequently Asked Questions

Can I divorce in Santiago, Philippines?

No. The Family Code of the Philippines, applicable in Santiago and across the country, does not recognize divorce. Therefore, once legally married, a couple cannot divorce to end their marriage.

What should I do if my spouse and I decide to separate?

If you decide to separate, you can file for legal separation or annulment. There are significant differences between the two, with legal separation not dissolving the marriage. For detailed guidance, consider consulting a family law attorney.

Is annulment the same as divorce?

No, it is not. Annulment declares a marriage null and void from the beginning, as if it never existed. However, divorce ends an existing, valid marriage.

Can I annul my marriage at any time?

Under the Family Code of the Philippines, there are only specific grounds under which a marriage can be annulled. These include psychological incapacity, fraud, consent obtained by force, intimidation or undue influence, impotency, and certain diseases.

Who gets custody of the children after separation?

Child custody is determined based on what the court perceives as the best interest of the child. However, children under 7 years of age are under the parental authority of the mother unless there is a compelling reason to order otherwise.

How are properties divided in case of legal separation or annulment?

The division of properties depends on the property regime of the marriage. If no agreement is made, the default is the system of absolute community of property where all properties owned separately or together by the couple are divided equally in case of legal separation, annulment, or death.

Additional Resources

Several organizations can provide specialized advice or services in the field of marriage law in the Philippines. These include The Integrated Bar of the Philippines, Commission on Human Rights, and the Department of Social Welfare and Development. Most of these bodies have a strong online presence, allowing access to a wealth of information at your fingertips.

Next Steps

If you require legal assistance, it's advisable to consult with a family law attorney who specializes in Philippine marriage law. Provide your potential lawyer with all the relevant details to help them understand your situation. The lawyer can guide you about your legal rights and obligations, and inform you about the possible courses of actions considering your circumstances.

Lawzana helps you find the best lawyers and law firms in Santiago through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Marriage, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Santiago, Philippines—quickly, securely, and without unnecessary hassle.

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.