Family Code of the Philippines Faqs
Disclaimer
Content on this web page is informational in nature, not specific legal advice, and someone seeking legal advice should consult with a lawyer licensed in their jurisdiction.
Divorce
Q. - Is foreign divorce between Filipinos recognized in the Philippines?
A. - No, a foreign divorce between Filipino citizens is not recognized as valid in the Philippines and neither is the marriage contracted with another party subsequent to the foreign decree of divorce entitled to validity (Art. 26, Family Code).
Foreign Adoption
Q. - Can a foreigner adopt a child in the Philippines?
A - Yes, under Republic Act No. 8043 otherwise known as Inter-Country Adoption law, it allows a foreigner to adopt a child in the Philippines.
Child Custody
Q. - In case of separation-in-fact of parents, who has the right of custody over the child?
A. - No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Second paragraph, Art. 213, Family Code).
Child Support
Q. - Can I get support for my child even though I am not married to the father?
A. - Yes, parents are obliged to support their illegitimate children (Art. 195, Family Code).
Nullity of Marriage
Q. - Do I need a judicial declaration of nullity of a previous marriage before contracting a subsequent marriage?
A. - Yes, a judicial declaration is needed to determine whether a person is legally free to contract a second marriage to avoid liability for bigamy (Art. 40, Family Code; Mercado v. Tan, G.R. No. 137110, August 1, 2000).
Q. - May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death?
A. - Yes, the Court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. (Niñal v. Bayadog, G.R. No. 133778, March 14, 2000, 328 SCRA 122).
Bigamy & Nullity of
Content on this web page is informational in nature, not specific legal advice, and someone seeking legal advice should consult with a lawyer licensed in their jurisdiction.
Divorce
Q. - Is foreign divorce between Filipinos recognized in the Philippines?
A. - No, a foreign divorce between Filipino citizens is not recognized as valid in the Philippines and neither is the marriage contracted with another party subsequent to the foreign decree of divorce entitled to validity (Art. 26, Family Code).
Foreign Adoption
Q. - Can a foreigner adopt a child in the Philippines?
A - Yes, under Republic Act No. 8043 otherwise known as Inter-Country Adoption law, it allows a foreigner to adopt a child in the Philippines.
Child Custody
Q. - In case of separation-in-fact of parents, who has the right of custody over the child?
A. - No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise (Second paragraph, Art. 213, Family Code).
Child Support
Q. - Can I get support for my child even though I am not married to the father?
A. - Yes, parents are obliged to support their illegitimate children (Art. 195, Family Code).
Nullity of Marriage
Q. - Do I need a judicial declaration of nullity of a previous marriage before contracting a subsequent marriage?
A. - Yes, a judicial declaration is needed to determine whether a person is legally free to contract a second marriage to avoid liability for bigamy (Art. 40, Family Code; Mercado v. Tan, G.R. No. 137110, August 1, 2000).
Q. - May the heirs of a deceased person file a petition for the declaration of nullity of his marriage after his death?
A. - Yes, the Court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. (Niñal v. Bayadog, G.R. No. 133778, March 14, 2000, 328 SCRA 122).
Bigamy & Nullity of