Divorce laws in the Philippines?

Question

is divorce legal or illegal in the Philippines?

Answer 1

Divorce is possible in the Philippines ONLY under the Philippine Civil Code for Muslims. http://www.uniset.ca/phil/phil_musl_civ_code.pdf (PDF) See Art. 34(4).

Others may get divorced abroad and under proper jurisdictional circumstances the divorce may be recognized in the Philippines.

There is freedom of religion, so in principle one can covert to Islam and divorce. I never heard of anybody actually doing that though.

Annulment is sometimes possible. There have been allegations of corruption in the courts, under which ineligible persons have secured annulmens, but what do I know.

Do not count on Y! Q/A for legal advice. Most Answerers post hysterical rubbish.

Answer 2

There is no divorce law in the Philippines but under the Family Code, a marriage could be annulled under Article 36 through psychological incapacity such as alcoholism.

Answer 3

There are no divorce laws in the Philippines. However marriage celebrated in the Philippines can still be dissovled by having the marriage annuled or declared null and void. Annulment and Declaration of Nullity are two separate proceedings with separate grounds.

Annulment is when the marriage is valid from the very beginning but can be annulled on grounds specified in Article 45 of the Family Code of the Philippines.

As stated in Art. 45 of the Family Code, the following are voidable Marriages and can therefore be annulled by filing a petition for annulment:

1. The party in whose behalf it is sought to have the marriage annulled was eighteen (18) years of age but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party

EXCEPT: After attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

2. Either party was of unsound mind

EXCEPT: Said party after coming to reason, freely cohabited with the other as husband and wife;

3. The consent of either party was obtained by fraud

EXCEPT: Said party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

4. The consent of either party was obtained by force, intimidation or undue influence
EXCEPT: unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

6. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)



Declaration of Nullity on the other hand, states that the marriage is void or did not even legally exist in the first place. A Filipino or Filipina can marry again once there is a final judgment from the court that declares the marriage as null and void from the very beginning. The case that will be filed is what we call “petition to declare the marriage as null and void” and commonly called as “petition for nullity of marriage”. Hence, for the purposes of remarriage, a void marriage must be declared and there must be a Judicial Declaration of Absolute Nullity of a prior subsisting marriage before contracting another

The marriage is null and void due to the absence of one or more of the essential or formal requisites of marriage as stated in Art. 2 and 3 of the Family Code.But what is applicable in most cases is Art. 36 of the Family Code which states that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.”

Answer 4

It's not acknowledged in the Philippines. That among their egregious catholic mentatility is what tied them to poverty and persistent misery.

Answer 5

THEY WILL NEVER BE IMPLEMENTED IN INDIA,SO WHY TAKE TENSION.