Best Marriage Lawyers in Talisay City
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List of the best lawyers in Talisay 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 Talisay City, Philippines
Marriage in Talisay City, Philippines, is both a civil and religious contract, governed by the Family Code of the Philippines and implemented locally by the City Civil Registrar. Entering into a marriage brings with it personal and legal responsibilities, as well as rights for both spouses. The local government follows national marriage laws, but specific procedures and requirements, such as documentation, fees, and waiting periods, are set at the city level to facilitate smooth marriage registration and celebration.
Why You May Need a Lawyer
While many marriages proceed smoothly, there are various situations where legal advice can be important. Some common scenarios include:
- Reviewing or drafting pre-nuptial agreements
- Seeking advice on property relations or inheritance
- Assistance with the documentation process, especially for foreigners or those with previous marriages
- Resolving issues regarding parental authority, custody, or support
- Obtaining an annulment or declaration of nullity of marriage
- Dealing with fraudulent or coerced marriages
- Understanding the implications of marriage for mixed nationality couples
Having a lawyer helps ensure your rights are protected and that all legal procedures are properly followed in any of these situations.
Local Laws Overview
Marriage laws in Talisay City are based on the Family Code of the Philippines, but the local office handles specific procedures, such as:
- Applicants must be at least 18 years old; those under 25 must obtain parental advice
- Both parties must have legal capacity and consent freely given
- Submission of various documents such as birth certificates, Certificate of No Marriage (CENOMAR), and, if applicable, death certificate or decree of annulment for previous marriages
- A ten-day posting of the marriage banns at the City Civil Registrar to allow for any opposition
- Marriage license issuance, valid nationwide for 120 days
- Special requirements for foreigners, such as a Legal Capacity to Contract Marriage issued by their embassy
- Recognition of both civil and church weddings, as long as registered with the local civil registrar
Talisay City enforces these laws through the City Civil Registrar, with standard documentation and fees. Registry requirements may occasionally change, so it is advisable to check with the local office.
Frequently Asked Questions
What are the basic requirements to get married in Talisay City?
The essential requirements include birth certificates, CENOMAR for both parties, valid IDs, parental consent or advice if below 25 years old, and completed marriage application forms. Additional documents may be needed depending on your circumstances.
How long does it take to process a marriage license?
There is a mandatory ten-day posting period for the marriage banns after submitting your application, after which the license is usually issued if there are no objections.
Can foreigners get married in Talisay City?
Yes, but foreigners must secure a Legal Capacity to Contract Marriage from their embassy or consulate, alongside local documentary requirements.
Where do we file our marriage license application?
Applications are filed at the Talisay City Civil Registrar’s Office. Both parties must be present during application.
What is the validity of a marriage license?
A marriage license issued in Talisay City is valid anywhere in the Philippines for 120 days from the date of issuance.
Are church marriages recognized by the government?
Yes, as long as the marriage is registered with the City Civil Registrar, a church wedding is recognized as a legal marriage under Philippine law.
What if one or both parties were previously married?
You must present proof of annulment or legal declaration of nullity, or the death certificate of the deceased spouse, as part of your application documents.
How can we validate if the marriage is officially registered?
You can request a certified true copy of your marriage contract from the City Civil Registrar or later from the Philippine Statistics Authority (PSA).
Can same-sex couples get married in Talisay City?
Same-sex marriage is not yet legally recognized in the Philippines, including Talisay City.
How do we correct errors on a marriage certificate?
Correction of errors on a marriage certificate can be requested at the City Civil Registrar through a petition. It is advisable to consult a lawyer for errors involving substantial changes.
Additional Resources
Here are relevant local offices and organizations that may offer help or information about marriage in Talisay City:
- Talisay City Civil Registrar's Office - For marriage registration and related documents
- Philippine Statistics Authority (PSA) - For issuance and authentication of marriage certificates
- Department of Social Welfare and Development (DSWD) - For pre-marriage counseling for certain cases
- Integrated Bar of the Philippines - For referrals to qualified lawyers
- Public Attorney’s Office (PAO) - For free legal consultation for those who qualify
- Your respective church or religious organization, for guidance on religious marriage requirements
Next Steps
If you need legal assistance related to marriage in Talisay City, start by collecting all relevant documents, including IDs and records of prior marital status. Visit the City Civil Registrar to clarify administrative requirements. Should you face complications or legal questions, consult with a reputable lawyer experienced in family law. You may obtain referrals from the Integrated Bar of the Philippines or the Public Attorney’s Office if you meet their guidelines. Consulting a legal professional ensures your rights are fully protected and that your marriage complies with Philippine law.
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.