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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.
The Philippines, including Lipa City, is unique because it is one of the few countries that does not allow divorce. While divorce is typically not an option, annulment and legal separation are alternatives available to troubled marriages. A legal separation means the man and woman are still legally married but live apart, while an annulment declares the marriage null and void, as though it never happened. This legal approach is challenging and takes time, often requiring a reliable lawyer's assistance.
In matters of separation and annulment, seeking the help of a lawyer is generally advised due to the complexities involved in these processes. Legal guidance is necessary to navigate the intricate court procedures, psychological evaluations, legal paperwork, and the overall understanding of Family Code provisions and stipulations. A lawyer is crucial in ensuring that your rights and interests, including custody of children and division of property, are appropriately represented in court.
Under the Family Code of the Philippines, a declaration of nullity or annulment of marriage can be issued by proving that the marriage is void from the beginning due to conditions such as psychological incapacity, fraud, force, fear, or intimidation, among others. Legal separation, on the other hand, can be pursued if repeated physical violence, sexual infidelity, drug addiction, or abandonment occur. The process may also entail the division of common property, maintenance, and custody of children, which are dictated by specific local laws.
As per the Philippine laws, divorce is not recognized in the country. However, you can explore alternatives such as annulment or legal separation.
The duration varies depending on the complexity of the case, but it generally takes at least 1-2 years for completion.
No, legal separation doesn't allow either spouse to remarry as they're still legally married. However, an annulment, which declares a marriage null and void, allows remarriage.
Generally, common properties are divided equally among the spouses unless specified differently in an existing agreement.
Custody of children below seven years is usually granted to the mother, but several factors are considered by the court for older children, including their preference.
Philippine Commission on Women (PCW) & the Public Attorney's Office (PAO) provides legal guidance and help, with the latter offering free legal aid for those who cannot afford it. You may also consult the Integrated Bar of the Philippines (IBP), Batangas Chapter concerning legal issues.
If you require legal assistance, your first step should be to consult with a well-experienced lawyer in family law. Ensure to gather all necessary documents such as marriage certificates, birth certificates of children, and evidence to substantiate your claim. Open communication with your lawyer is crucial to discuss your options and understand the legal procedures involved thoroughly.
