Family Family Law

  • Prenuptial Agreement

It is best for future spouses, who intend to come up with an arrangement pertaining to the property regime that shall govern their property relations during marriage, to draft a pre-nuptial agreement. This contract shall contain stipulations regarding the extent of community or division of their property while they are married, or should unfortunate event occur, when they separate.

 

We can help with the proper determination of what property regime is best for the soon-to-be husband and wife, taking into consideration their individual concerns. Though a mere contract consisting of several pages, prenuptial agreements are best drafted with assistance from lawyers in the Philippines, who are more conversant about laws governing its execution and its intrinsic validity.

 

  • Prenuptial Registration

Prenuptial agreements are valid and binding upon the parties who voluntarily executed such document. However, it will not bind third persons who are not privies to the contract, unless and until such prenuptial agreement is registered with the proper city or municipal registry.

 

Philippine lawyers provide assistance to couples, not just with the drafting and execution of their prenuptial agreement. Our service also covers assistance in the registration of the said document.

 

  • Marriage Registration

Before entering into a contract of marriage, the future spouses should obtain a validly issued marriage license from the proper authority. However, application for a marriage license entails the submission of all documents that are required to support the application. The requirements vary depending on the nationality of the party seeking for the issuance of the marriage license.

 

The gathering of the necessary supporting documents can be made personally by the applicants. However, it is still best to engage the services of a Philippine lawyer to be certain that the documents are complete and are issued by the duly licensed office authorized by the Philippine laws. Moreover, our assistance in marriage registration does not end with the procurement of the marriage license. It continues up to the registration, with the local civil registry, of the marriage certificate which is issued to the parties after the wedding ceremony.

 

  • Annulment

A case of annulment in the Philippines is a remedy given to spouses whose marriage is not working out due to psychological incapacity of either or both of the spouses. Psychological incapacity of the parties is manifested by their inability to perform their marital obligations, thus breaking the bond, which is the very essence of marriage.

 

Legal services of a lawyer, from drafting the Petition up to the promulgation of the decision, are helpful in an annulment case. A lawyer’s aid in all the stages of the annulment process gives assurance to the parties of the case that it will be proceeded with in accordance with the mandates of the law.

 

  • Recognition of Foreign Divorce

Divorce in the Philippines is a taboo; however, a mixed marriage consisting of a Filipino and a foreign spouse, can obtain a decree of divorce from a foreign court. This decree should be recognized by the Philippine courts in order for the Filipino spouse to be permitted to once again contract marriage with another person without the risk of being prosecuted for bigamy. The recognition of this decree is done judicially through a petition for recognition of a foreign divorce.

 

It is best for a divorcé, who wish to have the decree of divorce obtained abroad be recognized by the Philippines courts, to be assisted by a lawyer in the Philippines. We can assist in the documentation of all relevant papers, which are required to be presented before a Philippine court, so as to give weight to the Petition for Recognition of Foreign Divorce.

 

  • Adoption

The State recognizes the general welfare of a child as a paramount consideration; thus, the State aims to provide every child with a harmonious family life. This is the goal of an adoption procedure. Not only does it give a child a home to live in, it also gives childless couples the opportunity to complete their family.

 

The assistance of a lawyer in the process of adoption is invaluable. We can assist couples with the collection of all documents required by law for the methodical processing of the adoption.

 

  • Child Legitimation

Children born out of wedlock of parents, who were not disqualified to marry each other at the time of the conception of the children, are still considered as illegitimate. However, their status can be raised to legitimate through the process of legitimation.

 

This process requires the submission of several documents. But, the burden of completing all necessary documents for the support of the petition for legitimation can be alleviated if there is assistance from a lawyer who is knowledgeable in Philippine laws.

 

See also:

NON-APPEARANCE ANNULMENT IN THE PHILIPPINES

PROCEDURE FOR FILING PETITION FOR ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGES FOR FILIPINOS ABROAD

CHILD  CUSTODY