Best Marriage Lawyers in Tagbilaran

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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

15 minutes Free Consultation
Tagbilaran, Philippines

Founded in 2010
7 people in their team
English
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal practitioner. His dedication and expertise soon caught the attention of Atty. Mark Opada, and together, they spearheaded numerous intricate property...
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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 Tagbilaran, Philippines

The Family Code of the Philippines governs marriage law in the Philippines, including Tagbilaran City. Under this code, marriage is deemed as a special contract of permanent union between a man and a woman for the purpose of establishing a conjugal and family life. To legalize a marriage, attendance at a marriage license application process is necessary followed by a wedding ceremony officiated by individuals specified by the law.

Why You May Need a Lawyer

While it might seem that marrying in the Philippines is straightforward and simple, potential complications can arise due to several factors including prenuptial agreements, annulment issues, separation and eventually distribution of property, child custody, and support. A knowledgeable lawyer can guide individuals through these scenarios and provide vital legal advice. Additionally, foreign nationals marrying citizens of the Philippines might need to navigate complex legal terrain, and here, an attorney's assistance can prove pivotal.

Local Laws Overview

The legal age for marriage in the Philippines is 18. The Family Code stipulates that parental consent is required for individuals aged between 18 and 21, while parental advice is necessary for those between 21 and 25. The Filipino law does not recognize divorces, but provides provisions for legal separation and annulment. Premarital agreements do not hold validity in the jurisdiction of the Filipino law. Furthermore, the law allows for affiliation to change to the Filipino citizenship for foreign nationals marrying Filipino citizens.

Frequently Asked Questions

Is divorce legal in the Philippines?

No, divorce is not legal in the Philippines. The law, however, provides for annulment and legal separation.

Can foreigners marry Filipino citizens?

Yes, foreigners can marry Filipino citizens, although they need to comply with certain legal requirements.

What is the minimum age to marry in the Philippines?

The legal age for marriage in the Philippines is 18 years.

Do I need parental consent to marry?

If you're between 18 and 21 years old, you will need parental consent. If you're between 21 and 25 years old, you will need parental advice.

Can I change my citizenship if I marry a Filipino citizen?

Yes, the law allows for change of citizenship for foreign nationals marrying Filipino citizens.

Are premarital agreements valid in the Philippines?

No, premarital agreements hold no validity under the jurisdiction of Filipino law.

Is same-sex marriage legal in the Philippines?

No, same-sex marriage is not recognized by the law in the Philippines.

Can I remarry if my previous spouse passed away?

Yes, widows and widowers can remarry in the Philippines once a death certificate of the deceased spouse is provided.

What documentation is needed to marry in the Philippines?

You will need a valid marriage license, birth certificate, and proof of attendance at a pre-marriage counseling session.

Who can officiate a wedding in the Philippines?

The law recognizes religious ministers, ship captains (for marriages at sea), plane chiefs (for marriages in flight), and Philippine consuls (for marriages abroad).

Additional Resources

The Philippine Statistics Authority and the local civil registrar's office can provide necessary information on marriage laws and procedures in the Philippines. Furthermore, the Public Attorney’s Office offers free legal aid to Filipino citizens.

Next Steps

If you require legal advice regarding marriage in the Philippines, consider seeking assistance from a lawyer specializing in Family Law. They will guide you through legal intricacies, and help you understand and protect your rights under the law.

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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.