Family law
FCB Law Office’s extensive family law practice is extensive and is a core practice area of the firm. With FCB Law Office, you will get a practical, tailored view of the steps you need to take for your Annulment, Recognition of Foreign Divorce, Prenuptial Agreement or Child Custody/Support Issues.
TYPES OF FAMILY LAW MATTERS
Common Family Law matters often deal with ending a marriage, conjugal property issues, child support and custody, as well as PSA Certificate corrections or administrative concerns. Find out what is applicable to your situation and figure out what to expect below.
Recognition of Foreign Divorce
Recognition of Foreign Divorce recognizes a valid foreign divorce through a court case that amends the PSA marriage certificate, allows the correction of a PH passport, fulfills foreign countries’ immigration requirements and formally removes spousal rights from a spouse. Case Info
Annulment
Judicial Separation of Property
Judicial separation of property divides conjugal property according to the spouse’s intentions but it does not end the marriage and does not remove the spouse as a compulsory heir. It is a combative and long case. Read More
Legal Separation
Legal separation is a combative case where the judge awards all conjugal property to the innocent spouse. However, it doesn’t end the marriage and spouses are still compulsory heirs of each other. For most situations, annulment is best. Read More
Prenuptial Agreements
Prenuptial Agreements divide Conjugal Property along the lines of a couple’s agreed upon settlement. It protects both parties should the marriage fail and must follow certain guidelines for it to be valid. Contact Us
Recognition of Foreign Adoption
Recognition of Foreign Adoption recognizes a valid foreign adoption and annotates the Philippine birth certificate with the adopted last name. This is generally very useful for proof of identity. Read More
Child Support/Child Custody
Child Support cases in the Philippines are usually filed as part of a set of cases to encourage the other side to negotiate. It can be a long and combative case. Child Custody cases are also combative and are usually undertaken for immigration purposes. Read More
PSA Corrections/Adoption
HOW TO START A CASE
Contact Us
Contact us to explain your situation and goals. Lay out the facts and attach any documents that you have. It’s important to give detail as you can so that we can assess the situation and determine how to help.
Initial Assessment through Email
With the initial information, we’ll propose an initial approach to how to solve your problem or ask for more information if we need more information to understand the situation better.
Formal Engagement
We’ll formally start the case when you’ve signed the legal services agreement and sent the acceptance. This is also when we do a full and thorough documentary review.
WHAT TO EXPECT
Setting the Correct Expectations
When we start a case with you, we discuss your goals and gather the case facts. We explain practical courses of action to get the desired result. We also explain which paths are allowed based on the case facts and Philippine law. Often, you may have to decide between several possible courses of action based on what you need to do and what is possible.
When you fully understand the course that the case will take and knows what to expect, the way forward is smoother and easier. We always encourage you to ask all your questions at the beginning when you Contact Us so that your concerns are met and your expectations are correctly set.
Combative vs. Non-Combative Cases
A combative case is one where there is active opposition or where the nature of the case itself means that there are opposing sides. For example, there are two types of cases that divide Conjugal Property between the spouses when a marriage ends. In Legal Separation, there are two opposing sides. On the other hand, in Judicial Separation of Property joint agreement is required.
In general, opposing sides mean that a case is much longer as the other side will actively try to make sure that you don’t reach your goal. It means more effort and resources spent. In these types of cases, supply your lawyer with all the facts, documents and resources that he needs so that he can argue the case from your point of view thoroughly.
Philippine Law vs International Law
Philippine law has different requirements compared with international law. A common example is in ending a marriage.
In foreign countries, ending a marriage through divorce is often done without much of a trial and without much evidence. In the Philippines, ending a marriage between 2 Filipinos through Annulment requires a trial and the presentation of supporting evidence. So, ending a marriage in the Philippine setting is a longer, more complicated and requires considerably more work.
Often our clients need to understand this up front so that they understand the different timeline and requirements that a Philippine case may take. This way, they are prepared for these differences and how they impact the case.
FURTHER READING
Denying Paternity in the Philippines When a Wife’s Child is Not Her Husband’s
Denying paternity in the Philippines requires filing a Petition to impugn legitimacy which must be filed with the court within a brief window of time, beyond which the action is barred by law. The legitimacy of the child will no l...
What do you do if you have two Philippine Birth Certificates?
Having two Philippine birth certificates usually requires a court case to be filed by a lawyer on behalf of the person involved...
Philippine Annulment if my spouse was already married
A Philippine Annulment is used to end a marriage when one of the spouses was already married at the time of the marriage...
Annulment or nullity of marriage case while overseas
It is now easier to file an annulment or nullity of marriage case while overseas because of changes to the rules of procedure issued by the Supreme Court...
What does a wife’s inheritance in a Philippine inheritance law?
Yes, a spouse is considered an heir under Philippine law and is furthermore a compulsory heir...
Frequently Asked Questions
How do I start a case with FCB Law Office?
Contact Us and send us information on the case and what you are trying to achieve. Add as many details as you can and include any relevant documents. We will ask more questions to understand the case and then also send you a quotation.
What areas of Family Law are covered by FCB Law Office?
FCB Law Office has a deep family law practice and covers Prenuptial Agreements, Recognition of Foreign Divorce, Annulment, Recogniton of Foreign Adoption, Judicial Separation of Property, Child custody and support and the correction of PSA certificates.
Can I get an Annulment while abroad?
Yes, you can get an annulment even if you and your spouse are both abroad so long as you lived together as husband and wife in the Philippines. For more information, visit our article, How to file for Annulment in the Philippines while abroad or Contact Us to start a case.
How do legal separation and annulment differ in the Philippines?
Legal separation allows married couples to live separately and allocate their shared assets without officially terminating the marriage. Annulment, in contrast, invalidates the marriage, giving both parties the freedom to remarry. Our website contains an article titled The Difference between Legal Separation and Annulment in the Philippines which provides a comprehensive comparison.
Can a foreign divorce be recognized in the Philippines?
Yes, a foreign divorce obtained by a foreign spouse can be recognized in the Philippines. This recognition formally ends the marriage in the Philippines and avoids confusion over property rights.
What are the different ways to legally separate in the Philippines?
There are two main ways to legally end a marriage in the Philippines. Annulment ends a marriage between 2 Filipinos while Recognition of Foreign Divorce recognizes a valid divorce obtained abroad. People often think that another case called Legal Separation will also end a marriage, but Legal Separation is only concerned with the division of Conjugal Property and does not actually end a marriage.
Why should a couple consider a prenuptial agreement?
Establishing a prenuptial agreement is essential because it defines expectations of how Conjugal Property is split when a marriage ends. It must be signed and notarized before the marriage and it is best if it is also registered.
In the Philippines, how is property divided during a separation?
In the Philippines, specific rules dictate the division of property during a separation. Refer to our website’s blog on Conjugal Property for more details. Generally, property acquired during the marriage when there is no Prenuptial Agreement is split between the spouses.
When a marriage ends, how should I address child custody, financial support, and property issues?
When a marriage ends, it is best to communicate with your spouse on how to address child custody, financial support, and property matters and to formalize that agreement in a written document. FCB Law Office can assist you in this process.
How do I deal with PSA corrections?
Some issues can be resolved by filing at the Local Civil Registrar yourself, while others require a lawyer’s help. FCB Law Office can guide you in determining the best approach for your specific circumstances.
Visit the “Legal Resources on Family” section on our website for more information, including articles by Atty Franco Britanico and others.
How does one go about acquiring Philippine citizenship via judicial or administrative naturalization?
Certain individuals might be eligible to seek Filipino citizenship through judicial or administrative naturalization. Our article Philippine Judicial and Administrative Naturalization (Everything You Need To Know About Becoming A Philippine Citizen) offers a comprehensive guide on the requirements and application process.
For any additional questions or help with family law matters, don’t hesitate to contact FCB Law Office. Our team of skilled legal professionals is dedicated to assisting you in navigating the intricacies of Philippine family law and working toward the most favorable outcome for your situation.
