Daily Serving of Legal Matters

What is marriage? Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. What is a contract? A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Although as stated in the definition of a contract, it requires only the meeting of the minds of two persons to bind themselves.  However, in the case of marriage, there are instances wherein the consent of the parents are required to have, otherwise, the marriage may be annulled. When is the consent of the parents be necessary in marriage? When one of the contracting party or both parties are above 18 years old but below 21 years old, the consent of the parents is necessary. When is the parental advice be needed in marriage? Any contracting party between the age if 21 and 25 years if age shall be obliged to a...

In the Philippines, majority of us would have an issue on who has solemnized the marriage.  According to some, if the marriage was just solemnized by the Mayor of either the municipality or the city for that matter the marriage was something inferior than that was solemnized by the priest. Is there really a legal requirement that suggests that the marriage shall only be solemnized by the church leader?   There is no such requirement that the marriage shall be solemnized by a specific person to enjoy more legality as compared to other person solemnizing it. As stated in the Family Code of the Philippines, marriage may be solemnized by: 1.  Any incumbent member of the judiciary within the court's jurisdiction or more particularly the judge of the court of the place. 2.  Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting wi...

Before entering into the portal of marriage, one should take a look into the requisites provided by the Family Code of the Philippines inorder to have a valid marriage.   The Family Code provides the essential as well as the formal requisites of marriage entered into by the contracting parties in the Philippines.  Before going into the details of the said requisites, we have to define what marriage is under the same Family Code. Definition of Marriage: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Essential Requisites: If these essential requisit...