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
- 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
Marriage
Family
Divorce & Separation
Annulment
Marriage
Family
Marriage
Family
About Marriage Law in Tagaytay, Philippines
Marriage is a legally recognized union between two individuals in Tagaytay, Philippines. The laws pertaining to marriage are primarily governed by the Family Code of the Philippines and local civil laws.
Why You May Need a Lawyer
There are various situations where you may require legal help in matters related to marriage, such as:
- Preparing prenuptial agreements
- Navigating through annulment or legal separation proceedings
- Resolving property disputes during divorce
- Adopting a child as a married couple
- Seeking legal advice regarding domestic violence or abuse
Local Laws Overview
To ensure a successful marriage in Tagaytay, Philippines, it is important to be aware of the following local laws:
- Both parties must be at least 18 years old or have parental consent if younger.
- Legal capacity to marry requires a valid marriage license obtained from the Local Civil Registrar.
- A marriage ceremony performed by a recognized solemnizing officer, such as a judge or a priest, is necessary for a marriage to be legally binding.
- Bigamous and polygamous marriages are strictly prohibited.
- Same-sex marriage is not currently recognized in Tagaytay.
Frequently Asked Questions
Q: What are the requirements for obtaining a marriage license in Tagaytay?
A: To obtain a marriage license, both parties must provide valid identification, such as birth certificates and valid IDs. If either party has been previously married, a Certificate of Legal Capacity to Contract Marriage must be obtained from the embassy or consulate of their home country.
Q: Can foreigners get married in Tagaytay?
A: Yes, foreigners can get married in Tagaytay as long as they comply with the legal requirements, including obtaining the necessary marriage license and meeting the age requirement.
Q: What is the process for annulment in Tagaytay?
A: The process for annulment in Tagaytay can be complex. It involves filing a petition with the court, gathering evidence, and undergoing court hearings. It is advisable to seek the assistance of a lawyer to guide you through the process.
Q: What is the difference between legal separation and annulment?
A: Legal separation allows spouses to live separately, while annulment declares a marriage null and void, as if it never existed. Legal separation does not allow spouses to remarry, while annulment allows for remarriage.
Q: Where can I seek help in cases of domestic violence?
A: If you are facing domestic violence or abuse, you can reach out to organizations such as the Philippine National Police, Tagaytay City Social Welfare and Development Office, or local women's rights groups for assistance and guidance.
Additional Resources
For further resources and assistance related to marriage law in Tagaytay, Philippines, you can consider reaching out to the following:
- Local Civil Registrar: Obtain further information on marriage licenses and registration.
- Integrated Bar of the Philippines - Tagaytay Chapter: Seek legal advice and services from recognized lawyers.
- Commission on Human Rights - Tagaytay City: Seek guidance on human rights issues related to marriage.
Next Steps
If you require legal assistance or have specific questions regarding marriage law in Tagaytay, it is advisable to consult with a qualified lawyer specializing in family law. They can provide personalized advice and guide you through the legal processes to ensure your rights are protected.
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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. 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.
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.