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Browse our 41 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
Divorce and separation are sensitive issues in the Philippines, largely due to the influence of the Catholic Church. To date, the Philippines is the only country in the world where divorce is not legal, except for the Muslim minority who are allowed to divorce because it's culturally and religiously accepted within their community. However, there is a legal substitute for divorce known as annulment, and a legal separation is also possible. In Mandaue City, similar to the rest of the country, instances of divorce and separation are handled accordingly.
Regardless of the situation, consulting with a lawyer specializing in family law becomes important to understand your rights and the procedures to follow in filing for an annulment or a legal separation. This process involves complex legalities, making sure all paperwork are properly prepared, ensuring your interests are adequately represented, and presenting your case before a judge. If assets, debts, or children are involved, having a lawyer becomes even more crucial to safeguard your interests and protect your rights.
In Mandaue City, as per Philippines law, annulment and legal separations have specific grounds that must be fulfilled. An annulment implies that a marital union is void from the start due to psychological incapacity or fraudulent actions at the time of marriage. On the other hand, legal separation may be granted on the grounds of physical abuse, infidelity, or attempted murder, among others. However, a legally separated couple is still considered married and therefore cannot remarry.
An annulment voids a marriage completely, making it as though the marriage never existed. Legal separation, meanwhile, allows spouses to live separately but they are still considered legally married, prohibiting them from remarrying.
Yes, Filipino citizens married abroad can file for divorce, provided that it is permissible in the country they were married. However, this process is complex and obtaining legal counsel is advised.
While it's not a mandatory requirement, having a lawyer can help facilitate the process, safeguard your interests, and ensure procedures are correctly followed.
The process can take a significant amount of time, usually between 2 to 7 years, depending on the case's complexity.
Grounds for annulment include psychological incapacity, fraud, consent acquired by force, intimidation, or undue influence. Legal separation can be due to physical violence, infidelity, and other severe grounds.
The following are the recommended resources:
If you need legal assistance relating to divorce, annulment, or separation in Mandaue City, it's advisable to contact a reputable lawyer or a legal aid organization who can guide you through the process. Make sure to collect all necessary documents, such as marriage certificates, proof supporting your grounds for annulment or separation, and record of properties and financial documents if applicable.
