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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:๐Ÿ‘‰ 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 โ€“ Under the Family Code of the Philippines, a valid marriage license is required before a marriage can take place (Article 53).Waiting Period โ€“ 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 โ€“ 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 โ€“ Request a copy of the Marriage Certificate from the Philippine Statistics Authority (PSA) to verify details.Consult a Lawyer โ€“ 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 Trece Martires City, Philippines:

Marriage in Trece Martires City, Philippines, is governed by the Family Code of the Philippines. It is a legal union between a man and a woman as husband and wife. The city follows the legal requirements set forth in the Family Code for marriage ceremonies, registration, and dissolution.

Why You May Need a Lawyer:

There are various situations where you may need a lawyer for issues related to marriage in Trece Martires City. Some common reasons include prenuptial agreements, annulment or legal separation, child custody and support, property division, and domestic violence. A lawyer can provide legal advice, represent you in court, and ensure your rights are protected.

Local Laws Overview:

In Trece Martires City, Philippines, marriage is governed by the Family Code. Some key aspects of local laws include requirements for a valid marriage, grounds for annulment or legal separation, property rights of spouses, and procedures for dissolution of marriage. It is important to follow the legal procedures and requirements to ensure a valid and legally recognized marriage.

Frequently Asked Questions:

1. Can same-sex marriage be legally recognized in Trece Martires City, Philippines?

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

2. What are the legal requirements for marriage in Trece Martires City?

Legal requirements for marriage in Trece Martires City include a marriage license, parental consent for minors, and a marriage ceremony performed by a recognized officiant.

3. How can I file for annulment or legal separation in Trece Martires City?

You can file for annulment or legal separation in Trece Martires City by consulting with a lawyer and filing a petition in court based on the grounds specified in the Family Code.

4. What are the property rights of spouses in Trece Martires City?

Spouses in Trece Martires City have equal rights to marital property acquired during the marriage, as well as rights to support and maintenance.

5. How can I protect my assets before getting married?

You can protect your assets before getting married by signing a prenuptial agreement with your future spouse. This agreement outlines the division of assets and liabilities in case of divorce or separation.

6. Can I adopt a child as a married couple in Trece Martires City?

Yes, married couples in Trece Martires City can adopt a child together, subject to the legal requirements and procedures for adoption.

7. What are the grounds for annulment in Trece Martires City?

The grounds for annulment in Trece Martires City include lack of parental consent, psychological incapacity, fraud, and other factors as specified in the Family Code.

8. How can I change my name after marriage in Trece Martires City?

You can change your name after marriage in Trece Martires City by obtaining a court order for a change of name and updating your legal documents accordingly.

9. What should I do if I am experiencing domestic violence in my marriage?

If you are experiencing domestic violence in your marriage, you should seek help from a lawyer, law enforcement, or a support organization to protect yourself and take legal action against the abuser.

10. Can I get married without a marriage license in Trece Martires City?

No, a marriage license is a legal requirement for marriage in Trece Martires City, and you must obtain one before getting married.

Additional Resources:

For more information and resources related to marriage law in Trece Martires City, you can consult with the local civil registrar, the Integrated Bar of the Philippines, or legal aid organizations that offer assistance with family law matters.

Next Steps:

If you require legal assistance with marriage issues in Trece Martires City, it is recommended to consult with a knowledgeable family law attorney who can provide personalized advice and representation. Be sure to gather relevant documents and information related to your case before meeting with the lawyer to ensure a productive consultation.

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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.