Tag Archives: Divorce

Divorce in the Philippines-One Step Forward

The ability to have a Divorce in the Philippines already exists. Click here for more details.

The Philippines bishops have labeled a proposed divorce law as “dangerous” and “a prelude to total divorce,” which Church leaders in the country oppose.

The House of Representatives approved on a third and final reading the proposed law, which would allow Filipinos to remarry after being granted a divorce abroad.

The bill, which seeks to amend the Family Code of the Philippines, proposes to recognize a divorce obtained by a foreign spouse in another country without the need to seek judicial recognition. A similar bill awaits Senate approval before President Benigno Aquino can sign it into law.

“The bill will only require the Filipino spouse to submit a duly authenticated copy of the decree of absolute divorce,” said Rep. Rufus Rodriguez, one of the authors of the bill.

But Abp. Ramon Arguelles of Lipa said the bill “is prelude to total divorce.”

“Everyone should now understand that the deception is not over. The devil is at work. We are right at the center,” Abp. Arguelles said, calling the proposed law “evil.”

“That’s why I fight these because they are anti-God and immoral,” he said. “Those who pass this law will face the judgment of God,” the prelate added.

Bishop Honesto Ongtioco of Cubao said Church teaching on marriage “does not change even if some people would advocate change.”

Aside from recognizing the capacity of the Filipino spouse to remarry, the proposed statute also simplifies the process of recognition of a foreign judgment of divorce obtained by a foreign spouse.

Survey Suggests Public Support

The Philippine bishops’ conference issued a statement in March opposing the legalization of divorce in the country, saying it will only make a “mockery” of the sanctity of marriage.

A survey released by pollster Social Weather Stations during the first quarter of 2015 revealed that at least 60 percent of Filipinos want divorce to be legalized especially for “irreconcilably separated” couples.

Women’s party Gabriela last year filed a proposed measure, House Bill 4408 or “An Act Introducing Divorce in the Philippines,” that seeks to address the problem of “irreconcilable marriages.”

Under the proposed law, divorce will be granted only for a petitioner who has been separated from his or her spouse for at least five years “and reconciliation is highly improbable.”

A petitioner who has been legally separated from his or her spouse for at least two years “and reconciliation is improbable” can also be granted divorce, according to the proposed law.

The Philippines is the only country, aside from the Vatican, that does not allow divorce.

Divorce was legal in the Philippines and widely practiced especially among tribal communities until 1950 when the country’s New Civil Code prohibited divorce.

The law, however, allows legal separation — spouses are considered still married to each other and cannot remarry — and the annulment of marriage.

Data from the Office of the Solicitor General show that the number of annulment cases in the Philippines increased by 40 percent from 4,520 cases in 2001 to 8,282 in 2010.

Out of the 8,000 to 10,000 petitions for annulment filed before the Solicitor General, more than 90 percent have been granted by the courts.

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Chatter on Changes to Divorce in the Philippines

DIVORCE IN THE PHILIPPINES

DIVORCE IN THE PHILIPPINES

The social media in The Philippines have been awash over the last few months with talk and chatter about the changes to divorce in the Philippines. Many Facebook pages supporting changes to the Philippines constitution have helped push this subject to the front of the newspapers and even the more conservative newspapers have been obliged to report a definite change in the public on divorce.

Online petitions have been a big thing too.

 

End the cast system and allow divorce in the Philippines as all other countries do. Annulment is way too costly for the average person and takes way too long. Allow for divorce on the grounds of irreconcilable differences, unfaithfulness, abandonment, abuse, failure to consumate, and the like. Please be sure to share

DIVORCE IN THE PHILIPPINES IS AVAILABLE NOW.

COMMENTS

 

  • TMNetherlands, Meppel

Sep 27, 2015

Individual rights are only limited in North Korea, China and… Philippines. That’s a shame. Any individual has the basic right to fill in his/her private life. Any law or church who limits that private freedom is criminal

Sep 26, 2015

allow divorce now!

Sep 25, 2015

i want to pursue divorce here in the philippines

Sep 22, 2015

lets all unite and make a difference.allow divorce in our country.

Sep 21, 2015

Please let us live freely as equals with those who are happily married, celibates, single-blessed.

Sep 21, 2015

i want divorce to able to have a happy life

Sep 18, 2015

I really do want divorce to have freedom

  • katPhilippines, Diliman

Sep 17, 2015

I HOPE DIVORCE WILL BE ALLOWED IN PHILIPPINES

  • David United States, Rancho Palos Verdes

Sep 17, 2015

She hasn’t seen the drunk that beat her for TWENTY-FIVE years! Shouldn’t her government allow her a new start.

  • chaPhilippines, Manila

Sep 16, 2015

divorce now

Sep 16, 2015

Please pass the divorce Philippines now!

Sep 16, 2015

divorce is a sign of progress

  • judie sHong Kong, Central District

Sep 16, 2015

Yes to divorce ….

  • Anonymous

Sep 15, 2015

Please allow divorce law in the philippines. I’ve suffered such trauma and still I’m attach to my ex because were still legally married.. Its been 6yrs since we separated.. Make it affordable..

 

Aside from the Vatican, the Philippines is the only country which does not provide a procedure for divorce.  Furthermore, it is difficult for Filipinos to obtain divorces abroad and often these are not recognized by the Philippines.  The only way a citizen of the Philippines can end their marriage is by annulment, which is an onerous, expensive and time-consuming process that is not even guaranteed to be successful.

This effectively leaves most of the poor and overseas worker population of the Philippines unable to move on with their lives from a marriage that is often abusive, adulterous and contracted by deceit–such as polygamous marriages–under threat from one’s family or that of the spouse’s and/or when the couple is very young and naive.

The exception is for the Muslim population of the Philippines, who are in fact able to obtain divorces; and this demonstrates an obvious lack of separation of church and state within the Philippine government–which is heavily influenced, if not almost completely controlled by, the Catholic Church.  This goes against the notion of human rights.

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DIVORCE VERSES ANNULMENT IN THE PHILIPPINES?

It is widely believed that there is no divorce law in the Philippines. It is also erroneously assumed necessary that a previously married Filipino woman or man, whose spouse is still alive, must get a legal civil annulment in order to marry again.  This is not strictly correct and there are exceptions which we will briefly describe at the end of this article.

Our divorce solution has been the answer to many Filipina’s problems and some of them are now living in foreign countries with their caring husbands.

But first we will initially present an outline of the procedure to apply to the Court for an Annulment.  The key features are described.

 

The first step is to hire an attorney. An attorney’s acceptance fee, typically ranges from 120,000 pesos to 200,000,000 pesos.

 

But be cautious, in the Philippines, there are some people who might promise, and offer attractive and imaginary services, such as a quick annulment of marriage, for an even larger amount.  However, taking such a huge financial risk is ill advised and may result in a loss of the entire sum with little or no actual progress on the legal case.

The time necessary for an annulment depends on the skills, connections, and application of the attorney. An uncontested annulment case (in which the spouse does not show up at all in court) may take 2 to 4 years to complete, depending on the calendar of the court, the availability of witnesses and other issues such as child custody or property partitioning.

Cases where the spouse does appear or deliberately causes delays can take even longer. As well, NSO (PSA) annotation delays add to the time it takes.

Your lawyer must manage the process carefully and diligently to again minimise delays.

The second step is writing the required marital history. This is a detailed narrative of the marriage from the time the two first met through the present.  It also includes the reason for the separation focused on the personality of the couples and detailing the end the relationship.

The most common grounds for Traditional Annulment and Declaration of Nullity of Marriage are as follows, but not all grounds are discussed.

  1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).
  2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).
  3. Absence of marriage license (except in certain cases).
  4. Bigamous or polygamous marriages.
  5. Incestuous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).
  6. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
  7. 8Psychological Incapacity. Psychological incapacity contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse.

 

Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not justify a finding of psychological incapacity.

Most annulment lawyers in the Philippines commonly use Psychological Incapacity as the main ground on which to base and file a case.

In Western countries all of the categories mentioned in 8 would be sufficient grounds for divorce.

 

The third step is the psychological evaluation process. This varies from one psychologist to the next although there are standard elements. The lawyer normally would recommend a psychologist/psychiatrist who will do the evaluation and be a witness in court. The evaluation may cost from 40,000 pesos to as high as 60,000 pesos per session. Often multiple sessions will be required.

Some psychologists charge additional fees for testifying in court.

The spouse will be asked to join in the evaluation, but in most instances they do not participate in the evaluation process. The psychologist will then proceed to do the evaluation based on the tests and the interviews with the party or parties as well as other relevant witnesses.

The fourth step is the drafting, then filing, of the petition itself. This is the lawyer’s job. After the filing of the petition, which must be signed by the requesting party (husband or wife), the case will be assigned to a branch of the Regional Trial Court. The spouse will now be notified by sending papers, called summons, requiring the spouse to answer the petition within a number of days from receipt of the notice.

Collusion of marriage (both parties agreed to file an annulment) will also be investigated, a process wherein, a public prosecutor will be assigned to a court and will be asked to determine if the parties involved are conspiring to file a case.  Collusion – mutually agreed-upon separation – is not an acceptable condition and would result in a dismissal of the annulment petition.  Proving collusion is almost impossible to determine.

After the investigation, a report is prepared by the public prosecutor on the findings of his investigation. If no collusion is found which again is difficult to prove, the case proceeds to a pre-trial and the spouse will be notified again.

If the spouse fails to appear, the court will proceed with the marking of the documents, the determination of the number of witnesses, and the schedule of the trial. During the trial stage, witnesses will be called. Normally, the witnesses would be the petitioning party, a corroborating witness (who knew the parties involved and what happened to the marriage), and the psychologist who will testify on the evaluation made. The public prosecutor representing the government will be allowed to question the witnesses as well.

After the trial and the offer of evidence, the case is then submitted for decision. Waiting for the decision may take 90 days and often very much longer.  An adverse decision may be a reflection of the Judges personal feelings about annulling a marriage.  So there are no guarantees!

As can be imagined an annulment can be a long drawn out procedure and might use up years of potentially happy times with a new partner.

We have managed divorces for over 30 Filipinas who found men who love them and treat them with the respect they deserve.

Several of them had already experienced the disappointment of going through a failed annulment before coming to us.  Several clients came to us after spending 500,000 pesos and lost.  They had lost their money and were beginning to lose hope!  We successfully assisted them to a divorce.  We have never lost a case!

So what is the alternative solution for dissolving an unworkable marriage?

It is very simple just Google www.divorceinthephilippines.info and talk to us.  You will be pleased you did.  We offer a no obligation advice and a guarantee of success!

www.divorceinthephilippines.info

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Family Code of the Philippines

So what is the alternative to Divorce in the Philippines?

Divorce in the Philippines

Divorce in the Philippines

In August 3, 1988, the Family Code of the Philippines took effect under the presidency of Cory Aquino. The most salient and revolutionary feature of this law is Article 36 which allows marriages to be declared void based on psychological incapacity.

Art. 36. 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. (As amended by Executive Order 227)
At first glance, one would consider it ironic that it took a convent-educated and devout Catholic president to finally pass a divorce law in the Philippines. Many sectors had clamored for Congress to pass a divorce law but those efforts were always blocked by the Catholic Church. In truth, however, Article 36 was a victory for the Church because it is based on Canon law which states:

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Divorce In The Philippines: A New Window Of Hope

The Philippines in the last country in the world to allow divorce. This is not without saying that the richest country, Vatican City, also does not allow for divorce. Seeing as the Catholic Church is the ruler of this law, there should be no common reason to include the Vatican in any study stating so. Annulments are often a tedious and drawn out process. The lawyers and the court system themselves are the true winners of this procedure. The cost of an annulment or divorce is only meant for the wealthy and those that can teeter on laws and bend them to form their own perception. These facts alone are why divorce in the Philippines should be allowed.

To be set free from an unhappy marriage is to allow citizens of any country to form their own lives. Freedom is something we all want. To allow a country to set the law for such freedoms is nothing more then an act which is incomprehensible. There are record amounts of unhappy marriages in the Philippines. Without the Catholic church’s involvement the country would have left the law of divorce on the books when it was abolished in 1949. Many people around the world don’t know that the Philippines allowed for divorce from 1911 to 1949.  When this law changed people used it as a moral obligation to advance the church and allow them and their country to be overtaken by a religion who’s mindset is hundreds if not thousands of years old.

Divorce in the Philippines may be a subject which is foreign to the people of this country. Legal separation has given a slight window of hope to many who want to live apart from an unhappy marriage. Legal separation does not allow for a couple to remarry and is an unfortunate reason why so many do not persue this path. Modern civilization is being tested by the easy access of information through computers. At the touch of a button anyone can find the truth and realistic approaches in other parts of the world. The laws which are being brought down on the Philippines needs changing. Without the people of the Philippines knowing the freedoms of many other countries is it no wonder they are cemented in laws which are centuries behind developing nations.

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Over One Hundred Million People and No Divorce?

. If only the Philippines would take on the fairer and cost effective solution of making divorce in the Philippines more widely known?

. If only the Philippines would take on the fairer and cost effective solution of making divorce in the Philippines more widely known?

There are nearly over 100 million people now living in the Philippines and the country stands as the twelfth most populated country in the world. Out of those 100 million people only 38 million people are officially working, and most of these people in the agriculture industry get paid very little.

A domestic person “living in” can earn about a $100 a month. There is very little hope of people moving out of this sort of financial trap, as the schooling in the Philippines struggles to keep up with the western standards, and some time the teachers do not get paid for months.

Domestic bliss is not here either

Despite the fact that Divorce in the Philippines is not commonly known, most people in so called “normal” jobs cannot even afford the alternative of annulments. An annulment can take many years and cost more than an average family could ever dream of affording. An annulment even if successful causes many legal future issues, especially if children and property is involved.

Children can become technical “bastards” under this system which does not bode well for their future legal status. If only the Philippines would take on the fairer and cost effective solution of making divorce in the Philippines more widely known?

 

 

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Divorce in the Philippines for the masses


The Philippines is now the last country to not officially recognize divorce.  There is apparently no Divorce in the Philippines. This predominately catholic country is steeped in religion. Every place of work and every person will talk about god and will speak of the importance of the family and how god is there to protect them.

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DIVORCE IN THE PHILIPPINES.INFO

 

Locate our parent site at Divorce in the Philippines.

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Divorce in the Philippines is on and off

Divorce in the Philippines is real

Divorce in the Philippines is real

Lawmakers appear to be on a collision course over efforts to introduce a divorce in the Philippines law in the Philippines, with two completely opposite bills pending in the House of Representatives.

Marikina Representative Marcelino Teodoro has filed an “Anti-Divorce and Unlawful Dissolution of Marriage Act” seeking a “guarantee that no legislation encouraging or facilitating the dissolution of marriage and recognising divorce shall be passed.”

Another pending bill coauthored by Gabriela Representatives Luzviminda Ilagan and Emerenciana de Jesus seeks to amend the Family Code to introduce a divorce provision, a move floated and supported by no less than Speaker Feliciano Belmonte soon after the House passed the reproductive health bill on third reading.

However, there is a legal way to Divorce in the Philippines!

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Can People Divorce in the Philippines?

Divorce in the Philippines
People who say that divorce in the Philippines is not advisable for the Philippines forget or ignore our history. The ethno-linguistic communities of the Philippine archipelago before the Spanish conquest practiced divorce. We had a divorce law from 1917 until August 30, 1950, when the Civil Code of 1950 took effect. The latter law prohibited divorce for Filipinos, and the prohibition continues under the present Family Code. But Muslim Filipinos have always practiced divorce, which Philippine law allowed. Today, divorce continues to be available to Muslim Filipinos under the Code of Muslim Personal Law of the Philippines (Presidential Decree No. 1083), promulgated in 1977.

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