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Common Law Marriages Process

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1 Common Law Marriages Process on Mon Nov 03, 2014 3:08 am

mgcailao


Arresto Menor
Hi everyone!

I just really want to be informed on how common law marriages work.


Me and my partner have been living together for 6 years now. We already have 2 kids. The first one is 5 years old, and the other one is 3. He works as a seafarer now and is scheduled to be going home this December.

Upon going home, his plan is that we should get married already. I've read some articles stating that if a couple lives together for 5 years or more, even without the papers (yet). They are already considered husband and wife. And it also says that we already don't need a marriage license and the other requirements/seminars/parent's advise. We only need a CENOMAR.


I'm 22 and I really want to marry him already because the children are already asking why is my last name different from theirs, etc.


I want to know, what will be the exact requirements that we will be needing, considered that we are already living together for 6 years now. And what will be the step by step process that we should make considering that we are applying for a common law marriage.

Thank you so much in advance.

God Bless!

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2 Re: Common Law Marriages Process on Mon Nov 03, 2014 8:09 am

Katrina288


Reclusion Perpetua
Hi, since you are 22, I would assume that you started living together when you were 16 years old?

If that is the case, you are not eligible for marriage without marriage license because the "5 years of living together as husband and wife" means that you can marry each other at anytime during the 5 years of living together. But in your case, you were only 17 years old when the 5 years period started. Hence, you cannot marry each other when you were only 17 because the law allows you to get married only when you have reached the age of majority which is 18 years old.

Thus, you have two options:

1. Get married by following the standard steps (get marriage license, attend marriage seminars, etc.)

OR

2. Wait till you are 23 before getting married so that you wouldn't have to follow the standard steps (but you have to execute an affidavit that you have been living together for 5 years before the wedding).

-Atty. Katrina

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3 Re: Common Law Marriages Process on Mon Nov 03, 2014 8:53 am

mgcailao


Arresto Menor
Good morning Atty. Katrina.

I see. At least now, I am well informed. Thank you so much. I appreciate it.

Kind regards,
Maia

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4 Re: Common Law Marriages Process on Mon Nov 03, 2014 9:25 am

Katrina288


Reclusion Perpetua
You're welcome Maia, good luck. Smile

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5 Reply on Mon Dec 15, 2014 7:32 pm

karl rove


Reclusion Perpetua
[quote="mgcailao"][b]Hi everyone!

I just really want to be informed on how common law marriages work.


Me and my partner have been living together for 6 years now. We already have 2 kids. The first one is 5 years old, and the other one is 3. He works as a seafarer now and is scheduled to be going home this December.

Upon going home, his plan is that we should get married already. I've read some articles stating that if a couple lives together for 5 years or more, even without the papers (yet). They are already considered husband and wife. And it also says that we already don't need a marriage license and the other requirements/seminars/parent's advise. We only need a CENOMAR.


I'm 22 and I really want to marry him already because the children are already asking why is my last name different from theirs, etc.


I want to know, what will be the exact requirements that we will be needing, considered that we are already living together for 6 years now. And what will be the step by step process that we should make considering that we are applying for a common law marriage.

Thank you so much in advance.

God Bless!

NAG REPLY AKO SA IYO GAWA NG TANONG MO SA AKIN SA EMAIL. ITO ANG AKING KASAGUTAN SA TANONG MO:

1. Common-Law Marriages:

Sabi sa batas (family code) In a common-law relationship:

1. Ang lalaki at babae ay may capacidad para sila ay makasal. Ibig sabihin tama ang edad at walang sabit sa isat isa.

2. Na sila ay nabuhay mag asawa

3. Na, sila ay nagsama bilangmag asawa ng walang sagradong kasal o ang kanilang kasal ay walang bisa (void) simula's sapul

Alituntunin (o Gabay) para sa ari-arian (property)

1. Wages/salaries (sweldo, sahod) sa panahon ng pagsasama, alin man sa lalaki o babae ang ang kumikita --- hati sila (equal shares) at ito ay totoo kahit si lalaki lang o si babae ang kumikita.

2. Ari arian kanilang naipundar sa panahon ng sila ay nagsasama ng walang kasal - ayon sa desisyon ng korte suprema sa Valdez v. RTC, Br. 102 260 SCRA 221- - ang mga ari arian naipundar gawa ng pagtratrabaho o gawa ng kanilang pagpupunyagi (industry) silang dalawa ay kikilalanin bilang co-partners o co -owners. Ibig sabihin silang dalawa ang may ari nito in EQUAL shares.

Bakit? dahil ipinapalagay ng batas na ito ay kanilang naipundar gawa ng kanilang parehong o magkabalikat na pagpupunyagi (joint efforts).

Kung sakali naman, si lalaki o si babae lamang ang may partisipasyon sa pagpupundar ng ari-arian, pinapalagay pa rin ng batas na yung wlang contribusyon o partisipasyon sa pagpundar ng nasabing ari arian ay nag ambag sa pangangasiwa at pag aalaga ng kanilang kabahayan.

salamat

ATTY KARL ROVE

Dahil dito wag kang mangamba na sa kadahilanan na ikaw ay common law wife lamang, ay wala ka ng pakinabang sa mundo. Batas na sa iyo ang nagbibigay ng karapatan.

Ngayon, seaman nga ang asawa mo at namamangka sa dalawang dagat (hindi lang ilog), alinsunod sa batas na aking nasabi, sa lahat ng kanyang naipundar kayo ay hati (equal) share sa kanyang lahat na naipundar. Dahil na rinsabi ng batas, bagamat hindi kayo kasal pero kayo naman ay may kapacidad na makasal sa isat isa at nagsama ng mahabang panahon bilang mag asawa, ipinapalagay at iginagalang ng batas, ang iyong naging kontribusyon sa lahat ng gawaing bahay na iyong nagawa (ibig sabihin, hindi ka lang pahila hilata) habang ang iyong asawa ay naglalaot (sa kahirapan o kaligayahan, joke lang!).

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