Re: common law marriage

On Aug 30, 8:13 am, ittybitty <ittybi...@xxxxxxxxxxx> wrote:
Such a thing in the Philippines? How does it work or not? Thanks.

The answer depends on what your definition of a common law marriage
is. For one definition and some general explanation, see [http://
en.wikipedia.org/wiki/Common_law_marriage#Essential_distinctions
here]. For a conflicting opinion growing out of a slightly different
definition, see [http://marriage.about.com/od/philippines/a/
philippines.htm here].

One component of the first of these two definitions is that a common
law marriage does not necessarily need to be solemnized. Under the
[http://www.gov.ph/faqs/familycode.asp Family Code of the
Philippines], all marriages require solemnization. By that definition,
then, the RP does not allow common law marriages. The Family Code
does, however, completely eliminate the licensing requirement and does
greatly simplify the solemnization requirements for longtime partners
as follows: "Art. 34. No license shall be necessary for the marriage
of a man and a woman who have lived together as husband and wife for
at least five years and without any legal impediment to marry each
other. The contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he ascertained
the qualifications of the contracting parties are found no legal
impediment to the marriage"


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