Recognition of Divorce in the Philippines

Recognition of Divorce in the Philippines
By [https://EzineArticles.com/expert/Joyce_Domingo_Dapat/2416449]Joyce Domingo Dapat

In a previous article, we mentioned that Article 26 of the Family Code provides that where a valid marriage between a Filipino and a foreign spouse, and thereafter a divorce is validly obtained by the foreign spouse which allows the foreigner to remarry, the Filipino spouse shall also be capacitated to marry.

It's not all that simple though.. The divorce decree issued abroad does not automatically enable the Filipino spouse to remarry. There is a need for a Judicial Declaration of a Valid Divorce, which requires that an action in court be initiated through the filing of a petition.

"A copy of the Divorce Decree has already been sent to the Philippine Embassy, the Department of Foreign Affairs and the NSO. Would that suffice?"

Unfortunately, no. Judicial recognition of the foreign decree of absolute divorce in our country is a process that can only be done through Philippine courts.

In Garcia v. Recio, the Supreme Court ruled that a divorce obtained abroad by an alien may be recognized in our jurisdiction, provided the decree is valid according to the national law of the foreigner. The presentation solely of the divorce decree is insufficient; both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven. Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven and like any other fact.

The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national.

The following documents are required as annexes to be attached to the petition:

1. Marriage Certificate 2. Divorce Decree 3. Divorce Law 4. Identification documents

The above-listed documents has to be translated if written in a foreign language other than English, certified as official and true copy by its official custodian and 'apostilled' or authenticated at the nearest Philippine Embassy.

A common problem in recognition cases is how to obtain the documents from the proper office, given that civil and judicial registry rules vary from one country to another. The next and bigger problem of course, is the manner by which the judge will appreciate the documents presented.

For more information about this topic, you may contact Atty. Joyce Felisa B. Domingo-Dapat at (+63) 917 548 8045 or email at [mailto:info@domingo-law.com]info@domingo-law.com. Atty. Joyce is the founding partner of DAPAT & DAPAT LAWYERS (formerly Domingo Munsayac and Associates). Her practice areas include family law, real estate law, corporate law, immigration, and litigation.

Article Source: [http://EzineArticles.com/?Recognition-of-Divorce-in-the-Philippines&id=10273813] Recognition of Divorce in the Philippines



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The Philippines: Does Pre-Nuptial Agreement Allowed?

Is a Pre-Nuptial Agreement Allowed in the Philippines?
By [https://EzineArticles.com/expert/Joyce_Domingo_Dapat/2416449]Joyce Domingo Dapat

In a country where marriage is not only celebrated as a momentous life event but is likewise duly protected by law, the idea of pre-nuptial agreements have gained an unfavorable social connotation. It seems to be sending the message that the parties are not in it for the long run and that spouse with the more favorable bank account is making sure that in any event, his/her property remains their alone.

There is truth to be told in the above scenario, but what the public does not understand are the reasons and detailed agreements set forth in these type of agreement, which would protect not just familial interests but likewise provide peace of mind for the parties.

Essentially, a pre-nuptial agreement is a contract between the parties which concern the ownership of their respective properties and other assets during the subsistence of the marriage. Article 1 of the Family Code empowers the parties to may enter into a pre-nuptial agreement to fix their property relations during the marriage within the limits provided by the Code. These agreements are what is referred to under the law as "marriage settlements". They are also known as ante-nuptial agreements.

What we must understand is that when parties as future spouses execute one, this will be binding as between them and the provisions of the Family Code applies suppletorily. In its absence, what will govern will be the regime of absolute community property, as provided under the Family Code.

The community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter, subject to exclusions provided in the Code.

Now, the pre-nup will have force and effect from the moment of the celebration of the marriage between the parties. Pre-nuptial agreements are generally entered into where there is a significant age disparity between the parties, when there is a wide difference between the wealth or indebtedness between the parties, and where one party has been married before and there is a desire to protect the children of the former marriage.

Like any under contract, it must be entered into voluntarily by the parties, free from any vice of consent. Upon execution, the agreement cannot be changed during the existence of the marriage except upon an application in Court which is based upon the same grounds for a petition of separation of property, such as abandonment, failure to provide support and other family obligations.

A pre-nuptial agreement may only be altered after the dissolution of marriage provided it will not prejudice creditors of either spouse whose share would be reduced as a consequence of the change of property regime.

It's high time to change the public's perception of executing a pre-nuptial agreement. This agreement should be seen as an instrument to keep the parties together, not a convenient mechanism for division of property once the parties are separated.

For more information about this topic, you may contact Atty. Joyce Felisa B. Domingo-Dapat at (+63) 917 548 8045 or email her at [mailto:info@domingo-law.com]info@domingo-law.com. Atty. Joyce is the founding partner of DAPAT & DAPAT LAWYERS (formerly Domingo Munsayac and Associates). Her practice areas include family law, real estate transactions, corporate law, immigration, and litigation.

Article Source: [http://EzineArticles.com/?Is-a-Pre-Nuptial-Agreement-Allowed-in-the-Philippines?&id=10273810] Is a Pre-Nuptial Agreement Allowed in the Philippines?

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