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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 Philippines, unlike many other countries, the Family Code of the Philippines does not provide for absolute divorce. Rather, the country primarily recognizes annulment and legal separation as alternatives to end a failing marriage. However, this does not mean that citizens of the Philippines, including those residing in Calamba, do not have legal options if they wish to end their marriage. The process can be quite complex, so seeking legal advice is recommended.
Considering the complexity of Filipino family law, hiring a lawyer can significantly help in navigating the legal process. Because the primary way to legally end a marriage is through annulment or legal separation, it is essential to have a legal expert who can guide you through the lengthy annulment process and can build a strong case for your situation. Family lawyers can assist in gathering necessary evidences, ensuring fair division of properties, and advocating for child custody rights, if appropriate.
The Family Code of the Philippines does not recognize divorce, but provides for legal separation and annulment. Legal separation allows married couples to live apart but does not allow remarriage. On the other hand, annulment declares that the marriage null and void, under a limited set of grounds such as psychological incapacity, consent obtained by force or fraud, or the physical incapacity to consummate the marriage. Moreover, Philippines law mandates the equal division of properties except in cases of marital infidelity or abandonment.
Currently, there is no law in the Philippines, including Calamba, that allows absolute divorce. Only legal separation and annulment are recognized.
Legal separation allows couples to live separately, but it does not sever their marital ties. Annulment, meanwhile, completely nullifies the marriage as if it never occurred.
The annulment process in the Philippines typically lasts 1 to 2 years depending on the complexity of the case.
Legal grounds for annulment in the Philippines include psychological incapacity, force, intimidation, undue influence, physical incapacity to consummate the marriage, and others specified by the law.
Philippine law generally mandates a 50-50 asset division, except in cases of marital infidelity or abandonment.
Those seeking legal advice for annulment or legal separation might find useful resources in the Family Courts of Calamba, the Integrated Bar of the Philippines (IBP) Laguna Chapter, and Philippine Commission on Women which provides many resources on women's rights and laws in the context of marriage.
If you think you need legal assistance in the field of divorce and separation, the first step is to consult with a lawyer or legal expert specializing in Family Law. The Integrated Bar of the Philippines offers a lawyer referral service that can help you find a suitable attorney. Remember, it is essential to gather all relevant documents and information about your marriage to build a strong case.
