SUBSTANTIVE LAW

Family Law, Wills, Trusts, Probate and Real Estate

1. Marriage licenses

A marriage license is a legal document obtained by a couple prior to marriage. Once the license
is signed (during or after your ceremony) and returned by an officiant to the county, a marriage
certificate is issued. A marriage license is what you get first, and it's basically an application to
be married. Once you have filled it out, had your ceremony, gotten it signed, and your officiant
has turned it back into the county, then you receive a marriage certificate. "The marriage
certificate is a certified copy the married couple will receive post-wedding, which proves they
are officially married

Getting married without a marriage license can mean that your marriage is null and void. A
marriage license is required by the State to ensure that the persons getting married can validly do
so. A marriage license is a requirement for most marriages to be valid, except in very limited
situations.

Where is a marriage license obtained?

A marriage license is applied for and obtained from the local civil registrar of the city or
municipality where one of the prospective spouses lives. Both the man and the woman have to
submit certain documents before they can be issued a marriage license. These include the sworn
application for the marriage license, their birth certificates, and a certification from their embassy
if one of them is a foreign citizen. It takes time for a marriage license to be obtained because the
law requires that an application for one should be posted publicly for ten days before the license
is issued.

Do you always need a marriage license?

It usually need a marriage license to get married, but not always. A marriage license is not
required in a few situations. These include a marriage when one of the parties is at the point of
death. Or a marriage where the couple has, for at least five years, actually lived together as
husband and wife without any legal obstacle to their marrying each other. But, in most other
situations, a marriage license is indispensable. Its absence is fatal to the marriage.

The absence of a marriage license makes that marriage null and void from the beginning.

That marriage was never valid in the first place. This means that the children born of this null
and void marriage are illegitimate. The marriage’s community property will be subject to
dissolution and distribution between the spouses.

Even if you were married without a marriage license, even if the marriage is null and void as a
result, you don’t get to just decide that your marriage doesn’t exist and that you can thus marry
again without further ado. You first need to file a case in court. Only the court has the power to
declare your marriage void for purposes of remarriage. If you are in a null and void marriage, the
law requires that you first get a court declaration of nullity before you can marry someone else. If
you don’t — If, before first getting this court declaration, you instead get married a second time,
then the second marriage will also be null and void. Not only that, by getting married before a
court ruled your previous marriage void, you can be prosecuted for bigamy under Philippine law.

Personal Understanding: Marriage is one of the most important relationships that you can
enter. Along with the happiness of marrying your partner, you should also be aware of the rights
and legal responsibilities that come along with walking down the aisle. Many people think the
legal marriage requirements are confusing and overwhelming. The reality is that once you know
what's required in your state, the steps are simple, leaving you more time to concentrate on the
more enjoyable parts of getting married.

Sources: https://lawyerphilippines.org/2020/06/26/what-does-it-mean-if-you-were-married-
without-a-marriage-license/

https://www.brides.com/story/who-needs-to-sign-marriage-license

2. Differences between a divorce and dissolution of marriage.

Both divorce and dissolution are ways to end a legally binding relationship; however the key
difference between the two is that where divorce is for legally married couples, dissolution is
usually for those in a civil partnership.

Divorce

The primary difference between divorce and dissolution is whether or not the parties are alleging
fault of the other spouse as the grounds for the divorce. Divorce requires that one party allege
fault on the part of the other spouse as a reason for terminating the marriage. Examples of causes
for divorce that the state recognizes is parties living apart for more than one year, adultery,
habitual drunkenness, and extreme cruelty. State lists these causes for divorce by statute and the
list here is not a complete one.

Further, divorce is the option for legally ending a marriage when parties cannot agree on the
terms of their separation agreement. If parties cannot decide between themselves for example as
to how they will handle the separation of assets or custody of their children, a complaint for
divorce is filed and temporary motions and court involvement may be required.

Dissolution

On the other hand, a dissolution can be thought of as a no-fault divorce. Fault grounds are not
required for a dissolution. If the parties can negotiate and come to an agreement on all terms of
their separation agreement, then the parties can petition for a dissolution. A dissolution of
marriage can alleviate a lot of the divorce process and expense by eliminating the need for court
involvement during negotiations. In a dissolution, once the parties reach agreement as to the
details to their separation agreement, the agreement can be filed with the court and a final merits
hearing can be scheduled. Dissolution can be more streamlined than a divorce.

Getting a Dissolution of Marriage

To obtain a dissolution or marriage divorce, one spouse must file a divorce petition, also called a
petition for dissolution of marriage. The dissolution of marriage form varies by state, and can be
found on your state court website. This form usually asks for basic information about you and
your spouse (such as names, addresses, dates of birth, and date of marriage, as well as
information about any minor children) and asks you to indicate the reason you are seeking a
divorce (called the grounds for divorce note that all states now have a no-fault grounds
available). The dissolution papers also ask if the petitioner (the person filing) is seeking custody,
child support, spousal support, or property distribution.

The Dissolution Process

Once the petition is filed, it must also be legally served on the other spouse (in some states the
order is reversed you serve it, then file it). The other spouse (upon whom the petition is served)
will then have the opportunity to answer and state what he or she agrees or disagrees with in the
dissolution papers. As the divorce process moves along, the petitioner may need to file a more
detailed complaint, explaining exactly what they are asking for and why.

If the case does not settle, it will move forward to a trial, during which each side will present
evidence and testimony about all of the issues being decided. If the case goes to trial, the entire
process can take many months and possibly more than a year to reach the final resolution.

It's generally recommended that you at least talk with an attorney about your divorce case, so
you understand all of your rights and the specific procedures required in your state. If you and
your spouse are in agreement, it can be fairly simple to move ahead and handle the divorce
yourselves.

Marriage Dissolved

A marriage is officially dissolved when the court issues a final judgment and decree. This
document contains the judge's decisions on all of the issues in the case. If the case settles, the
terms of the settlement are included in the judgment.

Your marriage is officially dissolved the day the judge signs the divorce decree. A certificate of
dissolution will be issued by the state, which is a legal document providing proof that your
marriage has ended (similar to the way a marriage certificate shows you are married).

Personal Understanding: We know that breaking up of a relationship is a painless experience,

but it is the best solution if the relationship has broken down. There are two ways of ending a
relationship legally. These are divorce and dissolution. Divorce and dissolution have in common.
Both divorce and dissolution result in the legal end to a marriage. Both divorce and dissolution
require the parties to determine the terms of their separation in a separation agreement which
must address division of property, payment of debts, child custody, visitation, spousal support,
and payment of attorney fees.

Source: https://www.legalzoom.com/articles/what-is-a-dissolution-of-marriage

https://www.shurlaw.com/whats-the-difference-between-divorce-and-dissolution/

3. Difference between community property and separate property.

In community property states, most property acquired during marriage (except for gifts or
inheritances) is considered community property (owned jointly by both partners) and is divided
upon divorce, annulment, or death. Separate property is owned by one spouse only. It is
property that a spouse brings into the marriage or receives via gift or inheritance during the
marriage. Unless there is specific evidence to the contrary, the law assumes all assets belonging
to a couple are community property. The community property system is usually justified by the
idea that such joint ownership recognizes the theoretically equal contributions of both spouses to
the creation and operation of the family unit.

Community Property Separate Property

Property acquired while Property owned before

Definitions married and residing in a
community property state
Wages, salaries, housing,
Examples
investments
marriage or never shared by
spouses
Gifts, inheritances, property
acquired in one named and
never used to benefit other
spouse

Community Property and Community Income

Community property includes most property that was acquired while married and residing in
a community property state. It includes wages, salaries and self-employment income, as well as
assets such as houses and cars. Investment income from assets that are community property is
also considered in this category.

Separate property was either owned separately before marriage, bought with separate funds
(and never used for the benefit of the partner) or is property that both spouses have agreed to
convert to separate property through a legally valid spousal agreement. It can include gifts
received by one spouse during or before marriage, property acquired in spouse’s name and never
used for benefit of other spouse, inheritances, and certain personal injury awards. Investment
income from separate property is considered separate income.
Personal Understanding: Drawing the line of “yours, mine, and ours” between spouses can be a
bit tricky. Fortunately, the law has established set rules or regimes that govern property relations
between spouses. Community of Property is applied, where any property purchased and/or built
by a husband when still single, is eventually also owned by his wife upon marriage. Separation
Property may refer to present or future property or both and it may be total or partial separation.
In the latter case, the property that was not agreed upon to be separate, shall pertain to the
absolute community of the spouses.

Source: https://www.diffen.com/difference/Community_Property_vs_Separate_Property

4. Different parts of a will.

A will or testament is a legal document that expresses a person's (testator) wishes as to how their
property (estate) is to be distributed after their death and as to which person (executor) is to
manage the property until its final distribution. For the distribution (devolution) of property not
determined by a will, see inheritance and intestacy.

Title of the Document

The first part of the will document should be its title. Generally, the title will simply be "Last
Will and Testament of (insert your name here)."

Declaration

Beneath the title should be a statement in which the testator (the person drafting the will) states
his full name and residential address. Immediately following those statements should be a
declaration that the testator is of legal age to make a will and of sound mind and memory to do
so. The testator must also declare that this document serves as her last will and testament,
revoking all previously made wills and codicils. Lastly, the declaration should include a
statement that the testator is not under duress or undue influence to make the will. In drafting this
part of the will, be certain to include any personal details possible. Be as complete as possible,
addressing any former names, identification numbers and other personally identifying
information.

Name of the Executor

The executor is the person who the testator appoints to carry out terms of the will. Typically a
person names the remaining spouse or main beneficiary of the estate as executor. These are the
people who generally have the best knowledge in terms of how the testator wants the estate
divvied. More and more people are choosing to also name an alternative executor, who will be in
charge of the estate should anything happen to the primary executor.

Name of Guardian for Minor Children

For those who have children who are of the age that they require a guardian, this is a crucial part
of the will. This section should include the name of the person who will be appointed legal
guardian of the testator's children, should both the testator and his spouse pass. For those naming
a couple as legal guardian of the minor children, be sure to include both of their names.

Details of Beneficiaries

For this part of the will, it is important to be as specific as possible. Name each beneficiary,
whether it be a child, spouse or long-lost friend, as specifically as possible. There should be
absolutely no doubt as to the identity of a beneficiary. It is also a good idea to name alternative
beneficiaries in the event of simultaneous death.

Details about the Assets

This part of the will should distinguish between those assets that are already assigned to
beneficiaries in the event of the testator's death and those that are not. For example, assets that
are not part of the will may include policies where the testator has already specified a
beneficiary, joint ownership or joint tenancy of property, payable-on-death bank accounts and
trusts.

Bequests

This is probably the most important part of the will. This section should include specificities
about how the testator wishes for her estate to be divvied up among the specific organizations
and people acting as beneficiaries.

Funeral Arrangements

Many people include a section of their will dedicated to funeral arrangements to ensure that their
remains are handled as they wish upon their death. The funeral arrangement section of the will
should include whether the testator wishes to be buried, cremated, or have her remains disposed
of in some other manner.

Signatures

Lastly, the will should include the signature of the testator, as well as the signatures of at least
two witnesses. The signature of the testator must be made in the presence of the witnesses,
testifying that this is indeed his last will and testament. The actual date and place the document
was signed must also be recorded. It is recommended that the testator sign or at least initial every
page of the will. The document must also be signed by a minimum of two witnesses. The
witnesses should include their full names and addresses, as well as a declaration that they saw
the testator sign the document that they are legal adults and of sound mind and that they consider
the testator of sound mind, adult age and under no duress or undue influence to sign the will.

Personal Understanding: Very few documents that people sign are as important as a will. A
will is a legal document that states how people want their property divided and who they want to
handle their personal affairs after their death. With a will, people can make decisions in advance
like to whom, how, and when assets, like financial accounts and personal property, will be
distributed, a guardian to take care of minor children in the event that both biological parents die,
etc. It can vary with regards to the specificities required to make a will legally bind.
Source: https://legalbeagle.com/7620257-parts-document.html