What Is Divorce Law in the Philippines?
The law regarding divorce is different in different countries. One of them is the Philippines. This country has a special divorce law that provides for the recognition of foreign divorces. Moreover, the spousal violence that occurs during the divorce is also covered in the law.
Legal separation
Legal separation is a legal remedy to resolve a problematic marriage. Unlike a nullity case, a legal separation is a relatively straightforward proceeding.
A petition for legal separation can be filed by a husband or wife. Generally, this proceeding involves a cooling-off period of six months before a trial can be held. This is meant to give both parties a chance to reconsider their positions.
The petition must allege complete facts that constitute the cause of action. It should also specify the properties involved. When filing a petition, the petitioner must serve a copy of the petition on the respondent. He or she should submit proof of service within five days.
In addition, the court must issue an order prohibiting the prosecuting attorney from suppressing any evidence. Upon completion of the preliminary hearing, a pre-trial order will be issued.
At the preliminary hearing, both parties must attend. During this hearing, the public prosecutor will determine whether the parties are colluding. If there is a clear pattern of collusion, the petition will be dismissed.
A decree of legal separation will be issued by the court. The common property of the marriage will be liquidated. The share of the net profits will be forfeited to the innocent spouse.
To file a petition for legal separation, a couple must be living in the same city for at least six months. If the couple is from different provinces, the petitioner must file a petition in the province where the respondent has been residing for at least six months.
If a child is under seven years of age, the mother will receive custody. Otherwise, the innocent spouse will be awarded custody.
Annulment
The process of annulment can be expensive and emotionally draining. However, it may be the best option for some couples.
Before embarking on the annulment process, it is important to know what you can expect from the procedure. You can research the process online or talk to people who have gone through it.
The process can take up to four years. This depends on the lawyer’s fees, the court caseload, and the issues involved. Property, custody, and support are all factors that will affect the amount of time it will take to complete the annulment process.
One of the most important parts of the process is choosing the attorney. A good annulment lawyer can save you money in the long run. Many law firms offer flat-fee professional services and flexible billing systems.
Another factor that affects the cost of the annulment process is the amount of money you will need. If you need the process completed as quickly as possible, you can apply for a personal loan.
Other expenses include additional professional fees, stenographic, publication, and mailing costs. Generally, these fees are covered by the sheriff’s fee.
While annulment costs can vary by region and the specifics of your case, the average costs range from 300 to 600 thousand pesos. These fees can quickly add up and have a significant impact on your finances.
It is also important to remember that the cost of annulment in the Philippines is a long and costly process. In addition to the costs of hiring a lawyer, you will have to pay for a psychological evaluation, which can add to the cost.
If your case involves an invalid marriage, you will need to file a Declaration of Nullity of Marriage. This is the only way to legally end your marriage.
Recognition of foreign divorce
If you are filing for a foreign divorce in the Philippines, you need to ensure that the Philippine court has recognized the decree. You can do this by preparing and filing a Petition for Recognition of Foreign Divorce in the Philippines. This petition will be filed with the Regional Trial Court in your province or city.
The Petition must contain all documents necessary to prove that the foreign divorce is valid. It must also contain Judicial Affidavits from proposed witnesses.
Your lawyer can help you with the process of preparing and submitting the Petition for Recognition of Foreign Divorce. He can also advise you on the requirements for apostille certificates and Apostille of foreign documents.
When the documents are authenticated and apostille certified, they will be sent to the appropriate Regional Trial Court. The decision will be registered and annotated.
When the case is completed, you will receive a Certificate of Finality. This certificate corrects your civil status in the Philippines. Depending on the jurisdiction of your divorce, you may have the right to remarry.
In addition, you can use a foreign divorce to change your last name in your passport or marriage certificate. It is not advisable to file for a divorce in the Philippines if you do not have a valid apostille certificate.
Authentication Certification is issued by the Philippine consul in the country where the divorce decree was secured. The apostille certifies that the signature and other information on the document are genuine.
When a Filipino spouse files for a foreign divorce, the Philippine courts may recognize the decree under Article 26 of the Family Code. However, a narrow interpretation of this law ignores the Filipino spouse’s agency.
Spousal violence
Domestic violence is an act against a person or a group of people. It may be in the form of sexual violence, physical violence, or psychological violence. If the victim is a woman, it is called gender-based violence. The perpetrator could also threaten or coerce the victim.
There are different kinds of laws that protect victims of spousal and domestic violence. Some are federal laws while others are local. This article is going to discuss a few of them.
In the Philippines, there are three main laws that protect women and their families. These are the Legislative Decree No. 132-97, the Combatting of Domestic Violence Act, and the Domestic and Cohabitation Relationships Violence Ordinance.
The law prohibits acts of moral, sexual, and gender-based violence. It also protects the rights of women and children against violence. Besides, the act is also used as a tool in preventing sexual harassment.
There is a specific application process for the Domestic Violence Act. The penalties include imprisonment not exceeding two years and monetary compensation to the victim.
Gender-based violence is not only a crime against the victim, but it is also a criminal offense against the family institution. Moreover, a person can be imprisoned for repeated instances of gender-based violence. Aside from punishment, the law allows the plaintiff to ask for additional enforcement measures from the competent court.
The Domestic and Cohabitation Relationships Violence Ordinance is a law that extends the protections to the same-sex cohabitants. Under this law, a spouse who has been physically or emotionally abused can request a restraining order.
There are other Philippine laws that protect the rights of victims of sexual harassment and violence. The Safe Spaces Act, for instance, penalizes gender-based sexual harassment in workplaces and in public spaces.
Alpa Go’s story
A few months back, I read an article that cited a well researched study which claimed that Filipino women were more likely to be divorced than their male counterparts. The study is based on a sample size of about 100 million. As the aforementioned survey is based on a relatively small sample size, the results were a bit dubious. So I did a little bit of digging of my own and discovered a few gems. For instance, in the same medium sized sample, there were a few notable females who made the grade. They aren’t all lucky, though, as there are plenty of underrepresented women out there who aren’t quite so fortunate. Among these is Krista Dador, a former housewife in the Filipino metropolis of Quezon City. Since her separation from husband Jeremiah Dador, the aforementioned has been left to fend for herself and their children. It’s no wonder that she’s been looking for a way out.
After digging around for a few hours, I stumbled upon another story, in the same neighborhood, that was a little more down to earth. In a nutshell, the aforementioned gizmo is a swanky, yet affordable, service that helps Filipino women out of bad marriages. While there are no guarantees, the women who have been lucky enough to avail themselves of the program have a better chance at having a happier, healthier life.