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Illegal marriage?


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Cipro

In some cases yes and 'maybe' ...

 

 

Exactly. It's far from a bright shining line that is clearly drawn in the sand, it's open to some blurry grayness. In the case of age of consent laws, they vary WILDLY with jurisdiction, with the PH and some US States actually seeming to be in the vocal minority at 18; if I had to guess I'd say the most common number is probably around 16 or so.

 

Age of consent to marry? No idea, it doesn't come up much. I have to say that 25 is pretty old, probably an Asian influence there.

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Headshot

But it's an important day. Commit armed robbery the day before your 18th BDay and you'll go to Juvenile Hall for a while. Do it the day later and you're going to big boy prison for a long time.

Not true, actually. Juveniles who commit violent crimes are tried as adults all the time in the US. All it takes is the stroke of a judge's pen to make you an adult...regardless of your age. If you are referring to the Philippines, there really isn't much of a juvenile justice system. They simply don't have the money for separate facilities. Juveniles are either held as an adult or released and later found executed.

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Headshot

Would this still not be considered a case of Statutory Rape? If he slept with an underage women, whether they are actually married or not?

If you are Muslim, you are allowed to have four wives here in the Philippines. Nobody else is allowed to do that. The fact is that for every law, there are exceptions. If you are legally married in the country where the ceremony was performed, then it is recognized as a legal marriage here...and all other laws regarding that relationship are thrown out the window.

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Headshot

Paul, now that we all know what the inside of Pandora's Box looks like, I have to wonder why you opened it? :rolleyes:

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Stranded Shipscook

I still wonder how that would stack up against the fact that a foreign marriage is honored in PH if it was legal in the country the ceremony was performed in. Would a guy having relations with his legally recognized wife be prosecutable? I doubt it.

 

Ok, i see, the law has aroused some questions. I answer all in one.

 

So, please note, that that law was established in 1992, so anything before that is different.

 

(also pls note, that the smileys in the law refer to the letter B, a little glitch with the emoticons)

 

Now to locktite questions- one will not get marriage papers for his fiancee below the legal age. Therefore the legality question is not relevant. any marriage like a Las Vegas marriage done without that would not be recognized.

 

Further on there is still a provision in the Family Code, that allows marriages below 18 with consent, the 2 laws exist contrary to each other. However, in common sense, the child abuse law would certainly not apply when a marriage is performed. Only the prior contact would be problematic.

Now, when couples are married, and the wife decides to press charges against the husband for child abuse, it is fruitless.

makes sense....

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Cipro

Ok, i see, the law has aroused some questions. I answer all in one.

 

So, please note, that that law was established in 1992, so anything before that is different.

 

(also pls note, that the smileys in the law refer to the letter B, a little glitch with the emoticons)

 

Now to locktite questions- one will not get marriage papers for his fiancee below the legal age. Therefore the legality question is not relevant. any marriage like a Las Vegas marriage done without that would not be recognized.

 

Um, Las Vegas marriages are legally binding, not sure where you got that. Anyway, using "Handbook on Conflict of Laws, Justice Alicia V. Sempio-Dy, 2004 edition, 76-77" this is said:

 

Applying above rules in specific instances, the following are some illustrations:

 

a. In case of marriages between persons under eighteen (18) years of age, Philippine family laws consider these marriages valid only if such are allowed by the family laws of the country where celebrated.

 

 

 

Article Source: http://EzineArticles.com/4058530

 

So ... are you quite sure? A PH law textbook seems to have a different opinion.

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RogerDuMond

I think we can safely assume that like many other laws here it is written so that it is ambiguous. So the results of a trial would depend on the judge's interpretation of the ambiguous law.

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Exsctly Roger.

 

 

I think we can safely assume that like many other laws here it is written so that it is ambiguous. So the results of a trial would depend on the judge's interpretation of the ambiguous law.

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My advice to anyone here that happens to fall for a minor. I wish you both the best and you better talk to her parents and get their consent. Finally as Roger correctly said if this ends up in front of a judge, I suggest that if you really love her then you can wait a year or two and then tie the knot. Again good luck to you all.:closedeyes:

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The legal age for marriage in England has been 18 for many years,but i remember back in the 60s/70s couples eloping over the border to Gretna Green in Scotland, where the legal age was 16.I think thats changed now though.

 

16 & 17 years old can get married in England but they must have parental consent.

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As the parent of a daughter and having some idea of how the world works, if any fellow 40yrs older came lurking about with intent ,then i feel i would have to introduce him to my friend "mossburg" i dont care which way the law can be interpreted,what is right and decent is true of all societies.

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I believe that the united states has a law in place regarding underage kids.

 

And I believe, it Say's that regardless of what country the united states citizen commits an offense regarding to sex crimes, that the person can be tried in the states according to the laws of the united states !!

 

 

I read that some where but don't remember where.But sounds good to me !!!

 

no room for pedophiles in MY WORLD !!!!

 

here it is ...

Special Note to U.S. Citizens Travelling Abroad

 

July 2002:

Interesting Point arrived by email:

 

A final note: it is possible to go to many Asian countries and participate in the sexual tourism scene without breaking any laws there and still be prosecuted when you return home because what you did would have been illegal in your home country. For example, the age of consent in Japan is 14; it is possible to legally have sex with a 14-year-old girl in Japan and then be prosecuted for child molestation, sexual assault on a minor, etc., when you return home. About 30 Western nations have laws to this effect. Those laws differ greatly from country to country and there is little information available on how often they are used.

 

Although an act of sexual intercourse with a 14-year-old child is illegal in the United Kingdom, it is not an unlawful act in Spain, under Spanish law.

 

 

My link

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Paul

The next person who posts in this thread, after they have already been warned to stay on topic, will be banned. Not from this topic, but from the forum. I am subscribed to this thread, so do make sure you think very clearly, prior to posting your message. Once it is posted, an email will be sent to me with that entire post in it. There will be NO more warnings given, nada, none, zero, zilch, wala.

 

Now, we are talking solely about the legal age to marry in the Philippines. I don't give two shits about the age of the foreigner involved. I have seen countries (African) where the legal age to marry for a girl is 12. If it's legal, it's legal. In the Philippines, that age is 18, not lower.

 

Again, I am more than 25 years older than my girlfriend. If anyone has a problem with that, get over it. Learn to live with it. It isn't your life, it's ours. If my daughter met a man who would love her, respect her, and provide for her the way she deserves, I don't give a damn if he is 103. If she is happy, I am fecking ecstatic. There are people who who are very happy and have a huge age difference between them.

 

If that is all some of you have to worry about in your lives, you should be thankful. Or, perhaps you are too fecking bored and simply want to cause problems for others.

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Easyrider

In Alabama the age of consent is 16 but a girl can get married at 14 with her parents permission. I have a fiend who got married at 14 but I don't know what his age was. In Hawaii the age of consent is 12. In America, the age of consent and the age a girl can get married without her parent's permission can be different.

 

In the Philippines, the age of consent and marriage is 18 just as Paul and others have stated here. One thing I haven't seen posted here is that the law only applies to us rich foreigners. The law is ignored by most Filipinos just like most laws are here. I personally know a girl living in Mindanao who had a large church wedding when she was only 15 and the man was 27. They were married, received the church's blessing and the whole community's blessing. No one saw anything wrong with the marriage. The law was a small problem but that was easy to fix. The pastor is keeping the Marriage Certificate until she is 18 and then her and her husband will sign it, end of problem. The 18 law is like all the other laws in the Philippines, it's only a suggestion of what people can do and it's not enforced unless someone sees an opportunity to make a lot of money.

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Paul

In Alabama the age of consent is 16 but a girl can get married at 14 with her parents permission. And, it doesn't matter how old the man is. I have a fiend who got married at 14 but I don't know what his age was. In Hawaii the age of consent is 12. In America, the age of consent and the age a girl can get married without her parent's permission can be different.

 

In the Philippines, the age of consent and marriage is 18 just as Paul and others have stated here. One thing I haven't seen posted here is that the law only applies to us rich foreigners. The law is ignored by most Filipinos just like most laws are here. I personally know a girl living in Mindanao who had a large church wedding when she was only 15 and the man was 27. They were married, received the church's blessing and the whole community's blessing. No one saw anything wrong with the marriage. The law was a small problem but that was easy to fix. The pastor is keeping the Marriage Certificate until she is 18 and then her and her husband will sign it, end of problem. The 18 law is like all the other laws in the Philippines, it's only a suggestion of what people can do and it's not enforced unless someone sees an opportunity to make a lot of money.

 

In this case, they must have paid someone off, and doctored the papers. The law states the age is 18, no less, or the marriage will be null and void.

 

What you want to read is Chapter 3, Article 35, Section 1 of Executive Order 209, of the Family Code Of The Philippines. It reads:

 

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

So, it applies to everyone, not only foreigners.

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