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Archive for the ‘Family Law’ Category

Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition

Icon Written by Atty. Fred on Monday, 25 July 2011

We have four installments on this topic (refer to Part I, Part II, Part III, Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is [...]

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Divorce in the Philippines and Judicial Recognition of Foreign Divorce Decree

Icon Written by Atty. Fred on Monday, 25 July 2011

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they [...]

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Same-Sex Marriage Not Yet Legally Recognized in the Philippines

Icon Written by Atty. Fred on Thursday, 30 June 2011

The state of New York recently passed a law that legalizes same-sex marriages. That means gay and lesbian couples could marry, with legal protection ordinarily granted to male-female couples. NY is the latest US state that allows same-sex marriage.

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Without Divorce, Couples Resorting to Common-law Marriage (Live-in Relationships)

Icon Written by Atty. Fred on Wednesday, 29 June 2011

We’ve noted that “cohabitation has become more common than ever before. In fact, more than half of all couples are now living together before they walk down the aisle.” We also noted that by providing for the property relations between the partners in a live-in relationship (also referred to as “common-law marriage” and loosely as [...]

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Malta votes Yes to Divorce in a Referendum

Icon Written by Atty. Fred on Sunday, 26 June 2011

The people of Malta, reported to be more than 90% composed of Roman Catholics, said “yes” to divorce in the 28 May 2011 referendum. A number of matters came to mind upon reading the news articles on this referendum.



The Divorce Issue, Again: Year 2010

Icon Written by Atty. Fred on Friday, 13 August 2010

It seems the divorce bill is again alive in Congress (House Bill 1799; explanatory note and full text). Controversial issue, equally supported and opposed by a multitude. Yet it’s going nowhere. I don’t think we’ll see a divorce law in our lifetime.



Questions and Answers: Annulment in the Philippines (Part 4)

Icon Written by Atty. Fred on Thursday, 1 October 2009

Part 4 of the continuing installment of discussions on annulment or declaration of nullity. Before posting a question, please be mindful of our limitations and kindly search the related articles in this site. Otherwise, please be patient and wait for future discussions that may be related to your query. Are the grounds mentioned in Civil [...]



Allowing Absolute Divorce in the Philippines

Icon Written by Atty. Fred on Friday, 18 April 2008

Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among [...]

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Tracking the Solo Flight of Solo Parents

Icon Written by Atty. Fred on Tuesday, 15 April 2008

In the course of our work, particularly labor and HR-related functions, we’ve come to observe an increasing number of solo parents. Of course, solo parents have always been there all along, but the enactment of a law (Republic Act No. 8972, also known as the Solo Parents’ Welfare Act of 2000) placed the spotlight on [...]

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Annulment in the Philippines: Questions and Answers (Part 3)

Icon Written by Atty. Fred on Tuesday, 29 January 2008

My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my “wife” is already using my surname in her documents, including her passport. Am I considered as “married”?

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