How Hard Is It to Get a Divorce in the Philippines?

There are only two nations in the world that do not have any divorce laws, Vatican City and the Philippines.

This shocking fact makes seeking a divorce in the Phillippines extremely difficult and in many cases, impossible. However, more than 53% of Filipinos support legalizing divorce in the Philippines.

But what are the conditions which allow for divorce? And what is happening with the current legislation to improve the situation? Read on to learn more about the divorce process in the Philippines.

Divorce in the Philippines

Divorce law in the Phillippines is non-existent. With the majority of the population being devoutly Roman Catholic, divorce is not looked upon favorably under any circumstance.

There are very few exceptions that allow for a couple to obtain a legitimate divorce which will be recognized by the Filipino state and allow for the individuals to remarry. The law allows for those of the Muslim faith to seek a divorce.

Otherwise, if one member of the married couple is a citizen of another nation and seeks divorce abroad, the individuals will be allowed to divorce.

Is Divorce Illegal in the Philippines?

If you would like to know specifically is divorce legal in the Philippines, the reality is that the legal system simply does not have a process to allow a divorce to happen.

The only way to leave a marriage is by seeking an annulment which invalidates the marriage and essentially makes it as though neither party was ever married to begin with.

Legalization of Divorce in the Philippines

Although most Filipinos stand on legalization of divorce in the Philippines are supportive of instituting divorce laws, it is uncertain when or if divorce will be actively adopted into law, but there have been some steps made in the right direction.

Recently, the Divorce Act of 2018 was passed which makes it possible to obtain an absolute divorce in specific circumstances such as: 

  • Psychological incapacity
  • Marital rape
  • Physical abuse
  • Grossly abusive conduct
  • Irreconcilable differences despite efforts to reconcile
  • And separation for a minimum of five years

This can be helpful for a few, but there are still roadblocks such as the overburdened legal system, making this impractical.

Most Filipinos will still seek a legal separation or indeed just distance themselves when both parties find this resolution favorable. But this does not account for those who are unable to get the consent of their partner.

The Road to Legalizing in the Philippines Is Still Uncertain

Divorce in the Philippines is not a closed case and the situation is still ongoing. But for those seeking a divorce, there are options, some expensive or time-consuming, or both.

If you found this article insightful and learned something new or helpful, we hope you will take the time to explore more of the articles from this website.

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Where there is a valid marriage between a Filipino citizen and a foreigner/expatriate, then a divorce can be obtained abroad using the laws in the home country of the foreign spouse. This would constitute a valid divorce in the Philippines and would therefore give both parties capacity to remarry under Philippine law.

Until recently, this applied only to mixed nationality couples of Filipino marriages. The rule has broadened and now includes Filipinos who have become naturalised in a foreign country and seek a legally binding divorce.

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Christophe Rude
Christophe Rude
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