Common law marriage in the Philippines

For many years I've read stories from expats who claim that they will never get married in the RP and then lose everything should the relationship go south.

In the Philippines, there are laws that are meant to protect both husband and wife who may separate after living in a common-law relationship.

Either they feel the law does not apply to them or they are unaware of the law.  The latter being, ignorance of the law does not protect you from it.

A few links:

https://aboutphilippines.org/documents- … on-Law.pdf

https://attorney.org.ph/legal-news/267- … w-marriage

https://www.senate.gov.ph/lisdata/2465521241!.pdf

https://pnl-law.com/blog/common-law-mar … ilippines/

There are many more websites, legal and otherwise, should more information be needed.

An expat who did not marry his live-in partner in the RP stated that he was not going to go through a divorce as he did in the states and lose half of everything he owned. 
To his chagrin, he found out after he and his live-in girlfriend parted ways and a legal battle ensued that the court considered them a common-law couple and the laws pertaining to the relationship did apply. 
Long story short, he still lost what he called half of everything.

Obviously, if your life revolves around bar girls and one night stands, this may not apply. For others that play house with their new ladyfriend for a few years, it seems it does.

Good post TeeJay as always mate. Gay couples? where do we fit in as we are apparently not recognised (it doesn't happen) within PH. legislation hence leasing our property from my better half, encumbered title in his name etc. I'm sure i could come off second best if push came to shove but dearly hope that never happens, any thoughts?

Cheers, Steve.

bigpearl :

Good post TeeJay as always mate. Gay couples? where do we fit in as we are apparently not recognised (it doesn't happen) within PH. legislation hence leasing our property from my better half, encumbered title in his name etc. I'm sure i could come off second best if push came to shove but dearly hope that never happens, any thoughts?

Cheers, Steve.

Bigpearl

As far as your lease goes. Current laws would pertain to you and your partner, providing the lease is considered valid as written by the courts. The law considers only the validity of the lease between the lessor and the lessee without regard to gender.

Unfortunately, it seems that because of the Supreme Court's recent ruling, at this time you have no rights under current law as it pertains to marriage or common-law relationships.

Recent ruling:
https://news.abs-cbn.com/news/01/06/20/ … h-finality

Not being a lawyer I can only suggest the rather cold and impersonal listing of assets as though you were simply two people sharing the cost of a home as roommates.  As far as how the list should be compiled and worded to be considered a legal document. A lawyer with some experience in the area should probably be consulted.

Not much help.

Regards

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