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.
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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.
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