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parental advise

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1 parental advise on Tue Aug 16, 2011 7:59 pm

Sandra G


Arresto Menor
hello.. im 22 and my fiance will be 26 on january next year.. he is pure filipino but he's already an austrian citizen.. we are planning to get married on january so i can go to austria by mid of next year... we already attended the marriage counselling seminar last july 26 and we already have the certificate.. we have all the requirements already except for the parental advise. my mother is ok with the marriage but my father is not.. so obviously, i cannot have the parental advise.. this is actually like a secret marriage.. what can we possibly do in order to push through with the marriage on january? is it possible to get married without the parental advise? or can we just get married in another country? we're both clueless.. please i need an advice on this.. my fiance has spent a lot already and i dont want it to be wasted..

thank you!

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2 Re: parental advise on Wed Aug 17, 2011 5:12 pm

mangjayson


Arresto Menor
Art. 62
Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. (n)

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3 Re: parental advise on Thu Aug 18, 2011 6:31 pm

attyLLL


moderator
just apply for the marriage license and state that you do not have parental consent. this will cause a delay of at least 90 days in the processing but it will be issued anyway.

note that the civil registrar may also require your fiance to produce a certificate of elligibility to marry from his embassy



Last edited by attyLLL on Fri Aug 19, 2011 5:28 pm; edited 1 time in total


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4 Re: parental advise on Thu Aug 18, 2011 7:25 pm

Sandra G


Arresto Menor
thanks so much for the reply.. but i have a further question.. is the certificate of elligibility the same with the license to contract marriage which will be given by the austrian embassy?

the delay in getting the marriage license will only be 30 days? i thought 3 months if no parental advice?

thanks a lot.. Smile

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5 Re: parental advise on Thu Aug 18, 2011 8:18 pm

Sandra G


Arresto Menor
pahabol po.. wala na po bang ibang paraan para magpakasal without parental advise? ang haba po kasi ng 30 days na hihintayin.. hindi maka leave from work ng ganun kahaba yung fiance ko at magastos naman masyado kung pabalik2 xa dito.. Sad

if ever magwork na po ako sa ibang bansa hopefully, pwede po ba na sa philippine consulate kami magpakasal? kailangan pa rin po ba ng parental advise dun?

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6 Re: parental advise on Fri Aug 19, 2011 5:30 pm

attyLLL


moderator
you are correct, it's 3 months. yes, you will still need a a marriage license if you marry at the consulate.

i cannot advise you to get married using a fixer to hasten your marriage.


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7 Re: parental advise on Fri Aug 19, 2011 10:52 pm

Sandra G


Arresto Menor
hello po.. nagpunta na po ako sa LCR kanina nagtanong kung pwede po ba magpakasal without the parental advise.. sabi nung babae 18-24 yrs old needed daw yun tapos sabi ko pano pag hindi payag yung father? she said walang kasalang magaganap. Sad im so sad.. i feel so helpless and hopeless about this.. hay nako! pano po ba to? Sad

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8 Re: parental advise on Sun Aug 21, 2011 4:43 pm

attyLLL


moderator
that's not lawful. Ask to talk to the her supervisor and insist on the provisions of Art. 15 and 16 of the Family Code:

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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9 Re: parental advise on Tue Aug 23, 2011 11:48 pm

Sandra G


Arresto Menor
ok i'm also going to ask for a local lawyer's help regarding this matter.. thank u so much.. Smile

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10 Re: parental advise Today at 3:59 pm

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