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Browse our 13 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
The Philippines is one of the few countries in the world where divorce remains largely unavailable. However, there are legal means to end marriages, such as annulment and legal separation. Annulment seeks to establish that the marriage never legally existed, while legal separation allows spouses to live separately, but the marriage remains in existence.
Navigating the complex legal processes associated with annulment and legal separation can be challenging and emotional. Working with a knowledgeable lawyer can help ensure that your rights are protected, your interests are advocated for, and that the precise requirements of the law are adhered to. They can support you in handling matters such as property division, child custody, child support, and alimony.
In Manila, Philippines, annulment is more common than legal separation. Annulment can be granted on various grounds including psychological incapacity, fraud, force, intimidation or undue influence, and impotence or physical incapability. Legal separation can be granted upon grounds such as repeated physical violence or grossly abusive conduct directed against the petitioner, physical violence or moral pressure to compel the petitioner to change religious or political affiliation, and attempt of respondent to corrupt or induce the petitioner.
Some legal grounds include psychological incapacity, fraud, force, intimidation or undue influence, impotence or physical incapability among others.
In annulment, the court declares that the marriage is invalid from the beginning. In legal separation, the couple is still married but are legally permitted to live separately.
The annulment process can take anywhere between 1 to 2 years, or longer in some cases, largely depending on the intricacies of the case and the efficiency of the judicial system.
The division of assets and property is determined by the court during the annulment process. Depending on the nature of the property and the agreement between the parties, the court distributes the properties equitably.
Child custody is determined by the court as part of the legal separation process based on the best interests of the child.
Families in the Philippines can find support from various government bodies and organizations, such as The Philippine Commission on Women, The Department of Social Welfare and Development, and The Public Attorney's Office.
If you are going through separation or seeking an annulment, consulting with a reputable family lawyer familiar with Manila laws should be your first step. They can guide you through the process, advise you on your rights and obligations, assist in arrangements related to property, finances, and children, and ensure you make informed decisions.
