Getting married in the Philippines Australian Man to Filipina - Legal

If you marry in the Philippines, work on the basis that any separation comes under Philippine Law.  She gets everything

Then, if the end result is not that bad, then you have gained...

However, the legal stuff:

Family Code of the Philippines:

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.........

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.

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.

Thanks ABC,

Does any one know about de facto relationships?  Is Philippines like it is in Australia?   (where you can get screwed after 6 months of a having a de facto relationship - proportionally based for again time of course)

I get the feeling that defacto is not recognised in the Philippines.

No one seems to worry about living with someone and then leaving and starting again with another.

Actually looking at it legally, and ready the recent news, this comes under "Concubinage"

Concubinage is an interpersonal relationship in which a person engages in an ongoing sexual relationship with another person to whom they are not or cannot be married to the full extent of the local meaning of marriage

.

Concubinage appears to be illegal in the Philippines, although they may have a different meaning for Concubinage.  I am not sure.

However I have never heard of a live-in partner pushing for a share when they are not married.

Pej.
Why dont you have a pre-nuptial agreement before you marry.

dinky2408 wrote:

Pej.
Why dont you have a pre-nuptial agreement before you marry.

Thanks Dink, do they carry weight there?  I know that in Aust they are not much use.

Two links worth looking at: One is a Philippine law company, one is US.

Both seem to say pre-nups are OK for a Philippine marriage.
Doesn't answer the de-facto point though

http://www.internationalprenuptials.com … pines.htmlhttp://jlp-law.com/blog/marriage-settle … -marriage/

Wow the topic is something to learn about...pej1111 are you an Australian?

Maria bernadette wrote:

Wow the topic is something to learn about...pej1111 are you an Australian?

Hi Maria

Yep I am Australian

Forget Australia and it's laws which do not apply to Australia. And my advice is do not buy property in your wife's name unless your prepared to lose it in the event of a break up. Beware!

Hi Pej,

I am Aussie & am going through this process here in the Phils in early Jan 2016. We both live here, in the Phils, for the last 2 years +. My fiancee is Filipina, under 25 years.

Answer 1.  To get a marriage licence, everyone needs to obtain a "Marriage Counselling Certificate" & a "Certificate of Family Planning".  To obtain either certificate, you will need to contact the City Hall in the area where you will marry. As in our province, Zambales, both seminars are combined and is just a matter of listening to someone speak about marriage, relationships, expectations etc. At the end of the seminar you will be given a certificate of attendance. Our province does not charge for this seminar. But you WILL NOT get a marriage licence without this/these certificates. Please NOTE, when obtaining this/these certificates, both parties are required to attend and must be completed 10 or more days before the intended date of marriage. IE it takes 10 or more days for a church or city hall to issue a marriage licence.

Answer 2.  You do not have to register the marriage with any Australian government institution. If however, you wish to move to Australia, you will need to produce a marriage certificate for a Visa. Of course there are lots of other forms etc you will need to provide if you want a Visa for a holiday or a permanent move to Australia. Please check the Australian Immigration website & look for "Form 40" I think that's the correct name. It completely spells out the full requirements for a Visa to Aus.

Answer 3.  There are NO reciprocal laws between the Aussie & Philippine governments on the issue of settlement, in the event of a dissolved/failed marriage. Please NOTE, if you buy property, it can be legally registered in both names, however, your partner, being a Filipino, will OWN 51%, according to Filippine law. Others have touched on a pre-nuptial, well they do not hold any weight in Filippine law. The only way around this situation is to create a lease, "In Your Name" for a period of 25, 49 or 99 years. To setup a "Lease" you should, at the same time you sign the property "Deed of Sale", with a lawyer, also arrange with the SAME lawyer, the signing of the Lease. Later on, you can sort out a "Will", with the clause, in the event of your demise, before your partner, the "Lease" becomes null & void. The Lease can give you the "Right" (NOT ownership) to transfer the remainder of the lease period.

Answer 4.  Again, there is NO reciprocal law between governments on settlement. But I must ask, if you are thinking that the marriage may not last, then why are you getting married? I also understand you are also thinking of other possible outcomes down the track. If you are going to suggest to your partner, that you want a "Lease", be aware of a possible response from her, "What you don't trust Me?". Be firm with her if you want to go with the Lease aspect.

About not having a lease. If you & your partner have a BIG disagreement, fight or whatever people wish to call it, as Primary owner of the property, You can leave the house, to go on an errand, when you return, the locks could be changed. So you think you can get the local Barangay or local law to help you enter the property to retrieve your possessions. Think again, they will NOT & CANNOT help you, by Filippine law. But with a Lease you will have legal rights to enter the property, to either resolve your personal issues or have Her removed. The local Barangay or Law enforcement will not want to help, as you are the foreigner, so with a bit of graft or the Help from your Lawyer, it will be made so much easier. Did I mention, your Lawyer will keep a copy of your Lease. The above are from actual instances I have been aware of, but my personal experiences have shown me, this is the bad side of events. I know of so many more positive outcomes to the above situation. Keep positive as to any eventuality.

ABCDeVil wrote:

Please NOTE, if you buy property, it can be legally registered in both names, however, your partner, being a Filipino, will OWN 51%, according to Filippine law.

This part is interesting, but I would like to know where it says this in law. 

The constitution appears to specifically say otherwise, in that only a Filipino can own land.  This would make the figure 100%, not 51%.

Thanks ABCDeVil,

thanks for your thoughts, very much appreciated.

I am thinking/wondering if you are referring to setting up a company and have the wife as the primary partner (51%) and you as the 49%?  And then have the company purchase the house, and then you (as an individual) take out the lease?

Why am I educating my self on this matter you ask, it is purely to be forward prior to taking the big step.

Hi ABCDiamond,

How do I know its 51%. Well it is written in Philippine law, I have read it. Some friends / acquaintances have been thru the bad part & separated or divorced or annulled (as each case went). The 51% has been presented all of them by either their own lawyers or by the presiding Judge in their settlement disputes. Hence the 51% was show on paper & I have actually read act. Please do not ask me what the Act number is I cannot remember, but it is there. Also, friends or acquaintances who had a Lease, ended with settlements in their favor, until the Lease was completed or voluntarily  terminated, by the Lease holder. Otherwise, the letter of the law stood & the Filipina has majority control of the said property.

Hey Pej,

The 49 / 51 % only referred to a normal domestic situation, ie Husband (usually foreigner) & Filipina (wife, fiancee or girlfriend). As to the breakdown for businesses I am unsure of what, if any % is in place. I do not personally know of anyone who has been thru that process, I have deliberately stayed away from those events, as I am aware there can be MASSIVE fall outs in these situations. I will not expand on the fall outs, maybe ppl have heard of some outcomes, but anyway that is just too messy to be involved with.

ABC

ABCDeVil wrote:

the Filipina has majority control of the said property.

I definitely agree with that.

However, the Philippines constitution does state that a foreign individual is unable to own any part of land in the Philippines.  And until i saw something that overrides that, I would tend to work with that information.

The prohibition on foreigners owning Philippine lands is embodied in no less than the Philippine Constitution. This, in fact, is one of the usual reason cited by those who want to revise or amend the Constitution....
http://jlp-law.com/blog/ownership-of-ph … oreigners/


Ownership of land in the Philippines is highly-regulated with land ownership reserved for persons or entities considered Philippine nationals or Filipino citizens. For this purpose, a corporation owned 60% by Filipino citizens is treated as a Philippine national. Foreigners interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines’ Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of alien members on the Board of Directors of a landholding company which is limited to 40% alien participation. Another concern is the possible forfeiture of the property if the provisions of the law is breached.
http://kittelsoncarpo.com/property-ownership/

A house etc that is part of a property can be owned by a foreigner, and would affect total % split, for that construction.

I will have to check with my lawyer friend and get back to you. Also consider leaving your main accounts offshore in say Singapore, where only you have access.

pej1111 wrote:

Thanks ABCDeVil,

thanks for your thoughts, very much appreciated.

I am thinking/wondering if you are referring to setting up a company and have the wife as the primary partner (51%) and you as the 49%?  And then have the company purchase the house, and then you (as an individual) take out the lease?

Why am I educating my self on this matter you ask, it is purely to be forward prior to taking the big step.

Legal firms quote:  "a landholding company is limited to 40% alien participation"  This ties into the constitution laws the same as condos.

You could do that for the land and then own the house, but in reality is it worth it?

In the event of problems, just like my ex neighbour, when they broke up, she refused to sell unless she got $x for the sale, twice the actual value.  No sale was therefore possible. He was left with the option of staying in the house with her and her extended family, or leave.  The sale will probably go through after his death, at a realistic price, when she gets 100%.