Is there anyone here from Philippines? How does common law marriage work in your country, and how does it effect men in general?

talasopayl · 2021-08-28T03:16:05+00:00

If you are living together in one roof as husband & wife then you are under this common law marriage, usually for a minimum period of 7 years. Boyfriend & girlfriend with a different address does not count (you may need to prove that). And still we have no divorce, so couples mostly prefer just to be in a common law marriage to avoid the hassle when each of them decide to split & TBH the cost of the wedding here is quite expensive. I should say most men prefer to be in this kind of situation where women have less legal rights when it comes to the relationship itself, only the properties is mentioned in the Family Code. Common Law Marriage in the Philippines is governed by co - ownership meaning based on the actual contribution. So, keep the receipt and you're good to go! 😊

goinsouth85 · 2021-08-24T21:16:53+00:00

Yikes! Cause I heard they don’t have divorce in Philippines - common law marriage and your in it for life.

quietopinion0 · 2021-08-30T16:16:53+00:00

The Philippines has common-law marriage, but it isn't what you think.

In many countries, common law marriage is the same as formal marriage -- a divorce is needed to dissolve it. Property is divided and alimony can be assigned in such a divorce. This is not the case in the Philippines. For this reason, I'm going to stop calling it a "common-law marriage" and call it a "live-in relationship".

The Philippines has formal marriage -- that's where you get a marriage license and actually get married. Although there is no divorce in the Philippines, two people with a formal marriage can get a legal separation, in which their property is divided and alimony is assigned. You cannot get a legal separation with assignment of alimony from a Philippine live-in relationship.

In a Philippine live-in relationship, property purchased by the couple is owned by the couple. If they break up, it can be divided according to each of their contributions. Crucially, if one partner has the job of staying home with the kids, they are assumed to have contributed half of everything.

The Philippine live-in relationship starts when a couple "lives as husband and wife". There is no specific number of years. However, judges don't give these out willy-nilly. They look for something substantial such as being together for many years and having kids, though judges vary. There are not a lot of Filipino couples who don't have kids, so it would be odd -- though not impossible -- to claim a live-in relationship without any children.

A couple can go to a lawyer and write an agreement which states that property is not shared.

A live-in relationship ends when one partner decides to walk away. No judge needs to certify this. However, an unhappy partner can ask a judge to divide property purchased during the live-in relationship.

Philippine courts will not rule on issues related property located outside of the Philippines. This means that a court in the PH will not even discuss property that a foreigner keeps back home.

Some other countries' common law marriages can result in divorce if a couple moves out of the Philippines. I'm not sure about all countries, but the Philippine live-in relationship marriage cannot result in divorce or assignment of benefits (e.g., social security, veterans benefits) in the United States. The US has a long history in the Philippines and there are substantial numbers of US-Filipino couples. Many have tried to treat the live-in relationship as an actual marriage and failed. In doing so, they have established in law that it doesn't fly.

Edit: A couple that has been in a Philippine live-in relationship for at least five years can get married without a marriage license.

Edit 2: It is better to call it a live-in relationship.

Title	Is there anyone here from Philippines? How does common law marriage work in your country, and how does it effect men in general?
Author	Starforce2005
Upvotes	5
Comments	6
Date	August 24, 2021 7:51 PM UTC (4 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/pauu06/is_there_anyone_here_from_philippines_how_does/
Archive Link	https://theredarchive.com/r/MensRights/is-there-anyone-here-from-philippines-how-does.1064936 https://theredarchive.com/post/1064936

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