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Browse our 40 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
The Philippines stands as the only country in the world - other than the Vatican - where divorce is still not legal. However, options such as legal separation, annulment and a declaration of nullity of marriage do exist. Legal separation allows the spouses to live separately but they can't remarry, while an annulment makes a marriage null and void due to circumstances like fraud or psychological incapacity. Cebu City, being a major urban center, follows these national laws.
Legal representation in any form of marital separation can be crucial, especially in managing issues such as child custody, spousal support, and division of assets. Annulments, legal separations, and declarations of nullity require tangible evidence that needs to be presented efficiently. A lawyer can help you understand your rights, navigate the complexities of the law, and represent your best interests in court.
Philippine laws, and hence Cebu City laws, cite several grounds for legal separation and annulment, including physical abuse, drug addiction, abandonment, sexual infidelity, and attempted murder among others. Under the Family Code of the Philippines, property relations, child custody and support are discussed extensively. In the absence of any marriage settlements, the system of absolute community of property applies.
Under Philippine law, remarriage is not permissible after legal separation as the marriage bond is not dissolved. Only an annulment or a declaration of nullity can allow one to remarry.
An annulment implies that a marriage was valid when entered into, but subsequently becomes invalid due to conditions like fraud or lack of parental consent. A declaration of nullity, on the other hand, states the marriage was never valid, such as when one or both parties are psychologically incapable to fulfill matrimonial obligations.
The process can take anywhere from 6 months to several years, depending on the complexity of the issues involved and the efficiency of the judicial system.
Yes. Personal testimony is required in cases of legal separation or annulment. Failure to appear can result in your petition being dismissed.
Typically, the property is divided between the spouses equally, unless otherwise stipulated in the marriage settlement or in the absence of said settlement, mutual agreement between parties.
You can seek guidance from government bodies such as the Department of Social Welfare and Development, Philippine Commission on Women, and the Public Attorney’s Office. Numerous NGOs also provide counsel and support to those in need of marriage counselling or legal services relating to separation or annulment.
If you believe you need legal advice regarding separation or divorce, the first step is to consult with a legal professional who specializes in Family Law. Prepare all relevant documents and a chronology of significant events. The lawyer can then provide legal advice tailored to your unique circumstances.
