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Unlike western countries, the family code laws in the Philippines forbid divorce. So, how can you dissolve your marriage in the Philippines? Filipino laws permit legal separation, but only under specific circumstances. Also, couples are allowed to annul their marriages, which means that the marriage that was once considered valid, never existed. Article 15 of the New Civil Code imposes the prohibition of divorce on Filipinos married in their home country, no matter if the couple lives in the Philippines or abroad.
There are a few exceptions to this rule. For example, a couple may get divorced if one spouse is from another country or the native Filipino spouse has been nationalized in a foreign country.
In this case, the nonnational spouse, divorce personal essay, or the Filipino nationalized in a foreign country, must file for divorce in their home country, divorce personal essay, not in the Philippines.
The Filipino Congress has made strides towards permitting legal divorce. In January divorce personal essay, Senate Bill No. In this bill, an absolute divorce is permitted under certain circumstances, divorce personal essay, such as:.
In Marchthe Filipino House of Representatives approved House Bill No. This bill has been sent to the Senate, with no further action. Under Filipino law, couples can petition a court for legal separation, but only under specific circumstances. In the Philippines, a legal separation is the dissolution of marital obligations, including any established relationships regarding property between the couple. However, to file for a legal separation, the couple must establish reasons for the court to grant their request.
These reasons, or grounds, include repeated physical abuse, abandonment, drug addiction, or imprisonment of more than six years, among others. If the court grants a legal separation, the couple still may not remarry, as the marital legal relationship continues. As of now, an annulment is the best option for Filipinos to end their marriages.
An annulment invalidates a marriage because of fraud, divorce personal essay, impotence, mistaken identity, or being under the legal age to marry. Although Filipino law permits annulments, the legalities are lengthy, pricey, and tedious. If a court grants an annulment, both parties can move forward as if never married, leaving each person free to remarry.
The marriage, in essence, never existed under an annulment. Unlike an annulment, a voided marriage occurs when the marriage was invalid from the divorce personal essay. For example, if one spouse was under 18 years of age when married, that marriage is void by law. Additionally, if an unlicensed official performed the marriage ceremony, then that marriage is void. Legally ending a marriage in the Philippines is not an easy task. Although the movement supporting divorce has increased, it could take years for the Philippines to permit absolute divorces.
If you are seeking to end a marital relationship in the Philippines, consider hiring a skilled attorney who is familiar with the local laws. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Divorce In and Outside of the Philippines Article 15 of the New Civil Code imposes the prohibition of divorce on Filipinos married in their home country, no matter if the couple lives in the Philippines or abroad.
Separation Divorce personal essay Apply Under Certain Circumstances Under Filipino law, couples can petition a court for legal separation, but only under specific circumstances. Annulment Is the Best Option As of now, an annulment is the best option for Filipinos to end their marriages.
Divorce is never easy, but we can help. Learn more. Next Article Divorce personal essay to Split Expenses for Kids in a Divorce. Related Articles. Related Services Divorce Overview Check Divorce Pricing.
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