227, Series of 1987 ( Official Gazette of the Philippines) provides, to wit:Īrt. 26 of the Family Code as amended by EO No. 1083 will not apply to you.ģ) IF MY DIVORCE WAS OBTAINED IN A FOREIGN COUNTRY, CAN IT BE RECOGNIZED IN THE PHILIPPINES? Since you were married in a Catholic church and under the Civil Code of the Philippines, P.D. (3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife parental authority, and the properly relations between husband and wife shall be governed by this Code and other applicable Muslim laws. (2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply. (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines. This law is the only divorce law in the Philippines and remains in full force and effect.Ģ) If I convert to Islam after having been previously married in a Catholic church, can I file for divorce under P.D.
The law provides for the creation of Sariah courts in the Philippines and allowed for divorce among Muslims, or when the husband is Muslim, and the marriage was celebrated under Muslim rites. 1083, otherwise known as A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.
35, Family Code)ĭivorce is allowed in limited instances under P.D.
36, Family Code of the Philippines) minority, lack of a marriage license, and multiple marriages ( Art. Generally, there is NO divorce in the Philippines under the Family Code ( Official Gazette of the Philippines, E.O 209 Series of 1987)which allows only the declaration of nullity of marriage on the ground, among others, of psychological incapacity (Art. The following discussions will provide the answers to your most frequent questions. The Philippines is one of only two countries in the world which does not allow for divorce.
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