Family Law
Child custody in the Philippines: sole vs. joint and the best interest standard
When a marriage breaks down — or when parents who were never married separate — the most difficult question is rarely about money or property. It is about the children. Who do they live with? Who decides where they go to school, what doctor they see, what religion they practice? Can a parent take them…
Read MorePsychological incapacity after Tan-Andal: what it now means for your case
For decades, filing a petition for declaration of nullity of marriage on the ground of psychological incapacity felt like running a legal obstacle course. You needed a psychologist. The psychologist needed to diagnose a specific personality disorder. The diagnosis had to trace back to a root cause that existed before the wedding. Courts routinely dismissed…
Read MoreRecognition of Foreign Divorce
Recognition of Foreign Divorce in the Philippines A relevant number of Filipinos are married to foreigners. A large number of them likewise reside and start family life abroad with their foreign spouse. Inevitably, some of these Filipino-foreigner marriages end up in divorce. With the exception of the Philippines and the Vatican City, all states in the…
Read MorePre-nuptial Agreements
Prenuptial Agreement in the Philippines Prenuptial agreement or otherwise known as “marriage settlements” under Family Code is a contract entered into by a man and a woman who are planning to get married. It is called “prenuptial” agreement because it must be executed before marriage and any modification or changes thereof shall be in writing…
Read MoreInter-country Adoption
Domestic Adoption
DOMESTIC ADOPTION (RA 8552) WHO MAY ADOPT? Any Filipino citizen: Of legal age In possession of full civil capacity and legal rights Of good moral character Has not been convicted of any crime involving moral turpitude Emotionally and psychologically capable of caring for children At least 16 years older than the adoptee (waived when the…
Read MoreDeclaration of Nullity of Marriage
Procedure for Filing a Petition for Annulment or Declaration of Nullity of Marriage for Filipinos Abroad The Philippines do not adhere to divorce for it continues to promote the sanctity of marriage. This is usually overlooked by Filipinos abroad. They think that since they are no longer within the Philippine islands, then they are no…
Read MoreChild Custody
Annulment of Marriage
How to File a Petition for Annulment of Marriage in the Philippines As the Philippines treasure family values so much, it is quite difficult to obtain annulment. There are many things to consider, much to pay, lots of time to render, and extreme efforts to exert. In the end, it is not assured that…
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