Many people ask whether divorce is available in the Philippines. In general, absolute divorce is not available to most married couples, but there are other court remedies. This article gives a general overview only and is not legal advice.
Annulment or declaration of nullity
These cases ask the court to rule that a marriage is void or voidable based on grounds provided by law. If granted, the parties are generally free to remarry, subject to the court’s orders on property, custody and support.
Legal separation
Legal separation allows spouses to live apart and have their property separated, but the marriage bond remains, so neither spouse can remarry.
Recognition of a foreign divorce
If a divorce was obtained abroad, a Philippine court proceeding may be needed so that the divorce is recognized and reflected in Philippine civil registry records. Whether this is available depends on the parties’ circumstances and the foreign law involved.
Related matters
Cases involving support, custody, guardianship and protection orders can be filed together with, or separately from, these remedies. Because every case turns on its facts, we recommend a consultation before deciding on a course of action.
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General information only, not legal advice. Laws and procedures change; consult a lawyer about your specific situation.
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