Best Marriage Lawyers in Tacloban City
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List of the best lawyers in Tacloban City, 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 Tacloban City, Philippines
Marriage in Tacloban City, as in the rest of the Philippines, is both a civil and social institution. Governed by the Family Code of the Philippines, marriage is a special contract of permanent union between a man and a woman, entered into in accordance with law for the establishment of conjugal and family life. The City follows national laws but local requirements and customs may also play a role in the marriage process. Whether you are planning to get married civilly or religiously in Tacloban, understanding the legal steps and requirements is crucial to ensure your marriage is valid and recognized.
Why You May Need a Lawyer
There are many situations where seeking legal assistance about marriage becomes necessary in Tacloban City:
- You have questions about the legal requirements for marriage, particularly if you or your partner are foreigners or were previously married
- You wish to secure prenuptial agreements to protect personal or family assets
- You encounter legal issues regarding late registration, correction of errors, or discrepancies in civil documents
- You are dealing with potential legal disputes related to property, inheritance, or spousal support
- You are considering or facing annulment or legal separation and need to understand your rights and obligations
- You need clarification on the legal implications of marriage for custody, adoption, or citizenship
A lawyer familiar with local laws and procedures can guide you through the necessary documentation, represent your interests, and provide vital advice tailored to your unique circumstances.
Local Laws Overview
Marriage in Tacloban City is primarily governed by the Family Code of the Philippines. Below are some of the key aspects relevant to those intending to marry:
- Legal capacity - Both parties must be at least 18 years old, with parental consent required up to age 21, and parental advice required from 21 to 25.
- Marriage license - Except in certain cases, a marriage license issued by the local civil registrar is necessary. The process usually involves submitting birth certificates, certificate of no marriage (CENOMAR), and other documents.
- Personal appearance - Both parties must appear personally before the local civil registrar to apply for the license.
- Seminar requirement - Couples are often required to attend a pre-marriage counseling seminar conducted by the Civil Registrar or City Health Office.
- Waiting period - The marriage license is issued 10 days after the application, with those days counted from the completion of all requirements and posting of the application notice.
- Authority to solemnize - Only authorized persons (judges, priests, ministers, or Imams) can officiate marriages. The ceremony must be held in public places or religious settings unless specific exceptions apply.
- Special rules for foreigners - Foreign nationals must meet additional requirements, such as a Certificate of Legal Capacity to Contract Marriage issued by their embassy or consulate in the Philippines.
There may be additional local ordinances or customary practices in Tacloban, so consulting with local officials or legal professionals is advised.
Frequently Asked Questions
What documents do I need to get married in Tacloban City?
Generally, you need your birth certificates, CENOMAR (Certificate of No Marriage), parental consent or advice if applicable, a valid ID, marriage application form, and proof of attendance at a marriage counseling seminar.
Can foreigners get married in Tacloban City?
Yes, foreigners can marry in Tacloban but they must provide a Certificate of Legal Capacity to Contract Marriage from their embassy and meet all other documentary requirements.
Is there a residency requirement for marriage in Tacloban?
At least one of the parties must be a resident of Tacloban City for the marriage license to be processed at the local civil registrar’s office.
How long does it take to get a marriage license?
The license is typically released after a mandatory 10-day waiting period following the filing of the application and posting of notice.
Do we need to attend a marriage seminar?
Yes, most local civil registrar offices, including Tacloban's, require couples to attend a pre-marriage counseling seminar before granting a marriage license.
Can a marriage be annulled in Tacloban?
Yes, annulment is a legal process available under certain conditions such as lack of parental consent, psychological incapacity, or fraud. This process can be complex and is best handled with legal assistance.
What is the difference between civil and church marriage?
A civil marriage is officiated by a judge or local official and recognized by the state. A church or religious marriage is conducted according to specific religious rites. Both require a marriage license (except for certain exceptions like marriages among Muslims or indigenous peoples).
Does common-law marriage have legal status in Tacloban?
No, common-law marriage as known in some other countries is not recognized in the Philippines. Only legally solemnized marriages are considered valid.
What if my documents have errors or discrepancies?
Errors must be corrected before applying for a marriage license. This may require filing for correction of entries with the local civil registrar or the court, and seeking help from a legal professional is recommended.
What are the fees involved in getting married in Tacloban?
Fees vary but generally include charges for the marriage license application, seminars, and solemnization. Additional costs may be incurred for document issuance, notarization, and any legal services required.
Additional Resources
Here are some resources and offices you can consult for marriage-related concerns in Tacloban City:
- Local Civil Registrar - City Hall, Kanhuraw Hill, Tacloban City
- Tacloban City Hall Legal Office - For referrals and general legal consultations
- Public Attorney’s Office (PAO) Tacloban - Free legal advice for qualifying individuals
- City Health Office - For marriage counseling seminars and health certificate requirements
- Department of Social Welfare and Development (DSWD) - For family-related counseling
You may also seek guidance from accredited lawyers or private law offices specializing in family law for more complex issues.
Next Steps
If you need legal assistance regarding marriage in Tacloban City, start by:
- Contacting the Local Civil Registrar Office to know the latest requirements and procedures
- Gathering all necessary documents and reviewing them for errors or inconsistencies
- Attending required marriage seminars or counseling sessions
- Seeking initial legal advice from the Public Attorney’s Office or a private family law practitioner, especially if you expect legal complications
- Preparing your questions in advance and being clear about your circumstances when consulting an attorney
Being well informed and seeking professional help early ensures a smoother marriage process and helps protect your legal rights in Tacloban City.
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.