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Free Guide to Hiring a Family Lawyer
Browse our 13 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
In the entire country of the Philippines, including Bacoor, divorce and separation are more complex issues due to the country's general non-recognition of divorce. It is the only country, apart from the Vatican City, that does not allow divorce. Instead, couples seeking a legal end to their marriage can pursue legal separation, annulment, or a declaration of nullity.
Despite the absence of straightforward divorce laws in the Philippines, marital disputes can still be complex involving complicated aspects like property division, child custody and support payments. Hiring a lawyer can guide you through this complex process. You may require legal assistance to understand your options, protect your rights, and ensure that you make well-informed decisions throughout proceedings.
Under Philippines' Family Code, spouses can file for legal separation, which allows the couple to live apart but the marriage remains intact. The court may grant legal separation if the spouse is found guilty of physical violence, moral pressure to compel the petitioner to change religious or political affiliation, attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, among others.
Annulment, on the other hand, nullifies a marriage on the basis of psychological incapacity, consent obtained by fraud, or other reasons stated under Family Code. A declaration of nullity, conversely, implies the marriage never legally existed. It can be sought on grounds such as minority at the time of marriage, lack of authority of the solemnizing officer, etc.
The Philippines is predominantly a Catholic country and the societal and religious norms heavily influenced law-making in this regard, cherry-picking the marital separation laws from the Family Code.
Legal separation allows you to live separately from your spouse but the marriage remains intact. Whereas an annulment nullifies a marriage. While legally separated, you cannot remarry in the Philippines. However, annulment allows individuals to remarry after the relationship has been legally ended.
The annulment process can take anywhere from 1 to 2 years, depending on the complexity of the case, availability of the parties and their willingness to cooperate, and the backlog of cases in the courts.
Grounds for legal separation include repeated physical violence, moral pressure to change religious or political affiliation, attempt to corrupt or induce the petitioner or a common child, sexual infidelity, or homosexuality among others.
Yes, once legal separation has been granted, the mutual right of the spouses to any community of property during the marriage ceases.
PAGASA, the Philippines Against Child Trafficking, has resources and counseling for those dealing with child custody and related issues. For women suffering from domestic violence, GABRIELA Philippines can provide support. The Integrated Bar of the Philippines also offers some free legal advice.
If you need legal assistance for divorce or separation, consider hiring a reputable lawyer to guide you through the process. They can provide advice tailored to your situation and can ensure you understand and exercise your rights correctly. Make sure to consult with a professional who has extensive experience in family law in the Philippines.
