You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
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Trusted Family Law Experts in the Philippines – ACE Law OfficeAt ACE Law Office, we recognize that facing legal challenges, especially those involving family matters, can feel overwhelming. That’s why we are committed to offering not just legal expertise, but also empathy and clarity throughout...
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Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 62 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at [email protected] or you may call us at 09542639502. Thank you. Atty. LM Gonzales
- About Concubinage
- Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
- I am a foreigner what is the quickest to get my foreign divorce recognized
- Hi, this is Atty. Roque. You need to file a Petition for Recognition of your divorce decree. You may email us at [email protected]. Thanks.
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Divorce & Separation
Marriage
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Divorce & Separation
Annulment
Divorce & Separation
Family
About Divorce & Separation Law in Calamba, Philippines
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.
Why You May Need a Lawyer
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.
Local Laws Overview
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.
Frequently Asked Questions
1. Can I get a divorce in Calamba, Philippines?
Currently, there is no law in the Philippines, including Calamba, that allows absolute divorce. Only legal separation and annulment are recognized.
2. What's the difference between legal separation and annulment?
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.
3. How long does an annulment process take?
The annulment process in the Philippines typically lasts 1 to 2 years depending on the complexity of the case.
4. What are the grounds for annulment?
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.
5. How is property divided in legal separation or annulment?
Philippine law generally mandates a 50-50 asset division, except in cases of marital infidelity or abandonment.
Additional Resources
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.
Next Steps
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.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.