Best Marriage Lawyers in Talisay
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List of the best lawyers in Talisay, 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 Talisay, Philippines
Marriage in Talisay, as in the rest of the Philippines, is governed by the Family Code of the Philippines (Executive Order No. 209, as amended). Marriage is considered not just a contract but a special institution affecting the nation’s social order. In Talisay, a marriage is only recognized as valid when it meets the legal requirements on age, consent, and the proper solemnization procedures. Both civil and religious marriages are acknowledged by law, provided all statutory requirements are met.
Why You May Need a Lawyer
There are several circumstances where legal help may be necessary for marriage matters in Talisay:
- If you have previous marriages or legal impediments that need clarification.
- If you are planning to marry a foreigner and need to comply with additional legal requirements.
- If there is a dispute regarding the validity of your marriage or the authenticity of documents.
- When seeking annulment or legal separation.
- For property and prenuptial agreement consultations to secure one’s legal and financial interests.
- If you need advice on name and citizenship changes post-marriage.
- If you encounter issues with marital property or inheritance that arise out of marriage.
Local Laws Overview
The laws governing marriage in Talisay closely reflect national regulations:
- Legal Age: The minimum age for marriage is 18. Anyone below 21 needs parental consent.
- License Requirement: A marriage license issued by the local civil registrar is mandatory unless exempted by law (e.g., marriages among Muslims or other cultural minorities).
- Solemnization: Marriages can be solemnized by a judge, priest, minister, imam, or a duly authorized person.
- Impediments: Marriages with legal impediments (like existing marriages) are void from the beginning.
- Documentation: Both parties typically need to submit birth certificates, certificate of no marriage (CENOMAR), and parental advice or consent if required.
- Registration: Marriages must be registered with the local civil registry for them to be official and valid.
- Annulment and Separation: The Philippines does not allow divorce (except under specific cases for Muslims), so annulment or legal separation is handled through court proceedings.
Frequently Asked Questions
What documents do I need to get married in Talisay?
Both parties generally need to provide birth certificates, CENOMAR from the Philippine Statistics Authority, valid IDs, and, if under 21, parental consent or advice. Additional documents may apply for foreign nationals or previously married individuals.
Where do I apply for a marriage license in Talisay?
You can apply at the Talisay City Civil Registrar’s Office. Both parties must appear personally to file the application.
How long does it take to get a marriage license?
There is a mandatory 10-day waiting period before the license is issued, giving time for posting and possible opposition.
Can foreigners get married in Talisay?
Yes, but they are required to provide additional documentation, such as a Certificate of Legal Capacity to Marry from their embassy or consulate.
Is a civil or church wedding legally recognized?
Both are legally recognized as long as requirements are met and the marriage is registered with the civil registrar.
What are the legal grounds for annulment?
Grounds include psychological incapacity, lack of parental consent (if underage), fraud, force or intimidation, impotence, and certain diseases.
Are same-sex marriages recognized in Talisay?
No. Same-sex marriages are not legally recognized under current Philippine law.
Is divorce allowed in Talisay or the Philippines?
No. Divorce is generally not permitted for non-Muslims. Annulment and legal separation are possible legal remedies.
Can I change my surname after marriage?
Yes, a woman may choose to use her husband’s surname, retain her maiden name, or hyphenate both.
What happens if a marriage is not registered?
Failure to register a marriage makes it difficult to prove its existence for legal, immigration, or inheritance purposes and may affect the legitimacy of children.
Additional Resources
If you need more information or assistance regarding marriage, the following resources can be helpful:
- Talisay City Civil Registrar’s Office: For marriage license applications and registration.
- Philippine Statistics Authority (PSA): For birth certificates, CENOMAR, and official certificates.
- Public Attorney’s Office (PAO): For free or subsidized legal advice and representation.
- Local Barangay Offices: For community mediation and assistance with documents.
- Integrated Bar of the Philippines (IBP): For referrals to accredited lawyers specializing in family or marriage law.
Next Steps
If you need legal assistance regarding marriage in Talisay:
- Gather your documents (IDs, birth certificates, CENOMAR, etc.) and clarify your concerns or questions in writing.
- Visit or contact the Talisay City Civil Registrar for official processes and guidance.
- If legal issues or complexities arise (such as previous marriages, nationality concerns, annulment, property settlements), consult a family law attorney in Talisay for professional advice.
- If you cannot afford private counsel, approach the Public Attorney’s Office for free or low-cost assistance.
- Keep copies of all submitted and received documents and always ask for receipts and official certifications.
- Stay updated on any changes to local and national laws affecting marriage by regularly checking with local offices or credible legal resources.
Seeking early and proper legal guidance can help you avoid delays, legal complications, and emotional stress as you navigate the marriage process in Talisay, Philippines.
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.