While Filipinos use the term 'Annulment' to refer to all cases where marriages are dissolved, the most common method is actually Nullity of Marriage based on Psychological Incapacity. I'll discuss the timeline, cost, and process for the most commonly used ground for Nullity of Marriage (Psychological Incapacity) to give you an understanding of court requirements. The … Continue reading Annulment (Nullity of Marriage and Psychological Incapacity)
Although domestic adoption is a lengthy and costly process, understanding the process helps a lot. It’s simpler to adopt rather than simulating birth (which has criminal consequences) or risk having the child taken away. Below are listed requirements, documents and the adoption process itself. There are 2 parts to the process. DSWD process to match … Continue reading Philippine Adoption Primer (Overview, Process, Costs)
If you’d like to become a Filipino citizen, then you should read this post carefully. Under certain circumstances, you can file for Filipino citizenship yourself. However, your particular circumstances might require a court process. Yes, this means hiring a lawyer and presenting evidence to the court. In this post, I outline the process, fees and … Continue reading Philippine Judicial and Administrative Naturalization (Everything you need to know)
The end of a marriage is a difficult time. You'll need to read this post if you’re trying to figure out the best way to legally separate. This post discusses 3 ways to dissolve a marriage in the Philippines and gives a brief overview of costs and the process. In it, you may find the … Continue reading 3 Ways to Legally Separate if You’re in a Philippine Marriage
If you’re looking to correct or change information on your birth certificate, then this post is for you. I provide an overview of all the administrative changes you can do including costs, timeline, process and requirements (with the exception of illegitimate children, which I do not handle here). I also provide an overview of the … Continue reading Correcting your NSO Birth Certificate (3 Major Corrections Explained)
This question comes up in some form from time to time because a divorce obtained abroad can be recognized in the Philippines. For example, a Filipina marries a foreign citizen. She afterwards gets a new Philippine passport with her husband's surname as her new last name. But she and her foreign husband later divorce. She … Continue reading How can a divorced Filipina revert her Philippine passport to her maiden name?
Legal separation can be a clumsy, acrimonious way to end marriage relations. It falls short of actual divorce, and it is a problematic process even as a way to divide conjugal properties between husband and wife. Because legal separation requires that one spouse (and only one, not both) must be at fault for it to be … Continue reading A simpler way to divide conjugal property
The rule in legal separation is that the spouse at fault shall have no right to any share of the net profits earned by the couple’s common property during the marriage. His or her share of the net profits is forfeited in favor of the children or the innocent spouse. What does net profits mean? … Continue reading How is the marriage property divided in legal separation?
Related reading: Legal separation in the Philippines The Supreme Court issued the Rule on Legal Separation in March 2003. The text of the Rule follows below: RULE ON LEGAL SEPARATION SECTION 1. Scope. - This Rule shall govern petitions for legal separation under the Family Code of the Philippines. The Rules of Court shall apply suppletorily. … Continue reading Rules of Procedure for Legal Separation
Recognition is a judicial process where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines. You will need to get a lawyer to prepare and conduct the case.