family law

12 FAQs Divorce in the Philippines

Q: What is divorce update in the Philippines for 2023?

With regard to a divorce bill update for 2023 for the Philippines, it is not very encouraging. On March 22, 2023, a committee in the House of Representatives approved a bill to allow Philippine divorce in 2023 for couples who had “irreversibly dead marriages”. Still, this is only a committee and the bill has not even passed the lower house. This is the closest that divorce in the Philippines in 2023 has come (and it isn’t very far).

Q: What is the process for a Philippine divorce bill to become law?

First, the House must pass a bill. This is what happened in 2018. Then, the Senate must pass the Bill (for reference, this has never happened). First, a senator must sponsor the bill. Then it must go through several readings on the Senate floor. Then it has to be passed and forwarded to the president (who, mind you, can still void it).

Q: What does the newest version of the divorce law in the Philippines in 2023 contain?

The bill for the proposed Philippine divorce law in 2023 was patterned after the 2018 Absolute Divorce Act that passed in the lower house. It would have been for marriages that have completely collapsed without hope of reconciliation. It would still require proof of the cause of the divorce. Quickie divorces would not be allowed. A 60 day cooling off period would be followed after filing to try to get the couple to reconcile.

Q: Why does the Philippines not allow divorce?

The Philippines was ruled by Spain for over 300 years. Spain was firmly against divorce and only allowed something like today’s legal separation as defined by Siete Partidos. America introduced a limited form of divorce in 1917’s Act No. 2710 which allowed divorce in cases of a criminal conviction for adultery. But Philippine divorce was completely disallowed when the Philippines got its independence after WWII.

Q: Has the Philippines tried to legalize divorce?

Yes, absolutely there have been efforts to have a divorce in the Philippines. In 1999, the House Bill 6993 entitled “An Act Legalizing Divorce” was filed. In 2001, Senate Bill 782 and House Bill 878 were filed. In 2005, Gabriela Rep. Liza Maza filed a divorce bill in congress. In 2018, the Absolute Divorce Act of 2018 passed Congress.

Q: How do Filipinos regard divorce?

2017 showed that the majority of Filipinos at 53% support a divorce bill with 30% strongly agreed and 23% agreed in two surveys conducted March and December 2017. Regionally, the National Capital Region had the highest support for divorce at 61% with the rest of Luzon at 55%.

Q: What is the social impact of divorce on Philippine society?

It’s ironic but it seems that not having a divorce bill has actually weakened marriage. Marriage rates have fallen. This has been accompanied by an increase in cohabitation and annulment, which is the only often legal option to dissolve a marriage in the Philippines.

Q: What are the complications that can arise?

There are so many complications that we’ve seen because of the lack of local divorce: 2 Filipinos divorced abroad in Dubai but they are still husband and wife in the Philippines. A legal wife was awarded property bought by her husband even though the property was in the name of his common law wife. Illegitimate Children only inherit half of a legitimate child’s share.

Q: What are the options available to dissolve a marriage in the Philippines?

There are 3 options to dissolve a Philippine marriage. If there is a foreigner spouse, then a divorce abroad can be brought to court in a Recognition of Foreign Divorce proceeding. If there was a flaw in the marriage certificate, ceremony, or solemnizing officer among other less likely grounds, then it can be brought to court as a voidable marriage. For the vast majority, the marriage will have to go through annulment.

Q: What is the difference between divorce and annulment?

While annulment and divorce both end a marriage, there are some major differences. It can take at least 3 years. Most will use psychological incapacity as a ground. Husband and wife cannot jointly file the petition. 5% of petitions are denied and when a petition is denied with finality, you cannot file again. It is costly.

Atty. Francesco Britanico

December 19, 2023

0 Comments

Table of Contents

What is divorce update in the Philippines for 2023?

What is the process for a Philippine divorce bill to become law?

What does the newest version of the divorce law in the Philippines in 2023 contain?

Why does the Philippines not allow divorce?

Has the Philippines tried to legalize divorce?

How do Filipinos regard divorce?

What is the social impact of divorce on Philippine society?

What are the complications that can arise?

What are the options available to dissolve a marriage in the Philippines?

What is the difference between divorce and annulment?

Is there any cheaper or faster way to file an annulment?

What should I watch out for to spot a scam?

12 FAQs Divorce in the Philippines - Lawyers in the Philippines

12 FAQs Divorce in the Philippines