Divorce in the Philippines
Our Family Law Solicitors look at international divorce and potential divorce law reform in the Philippines
Nollienne Alparaque, a Lawyer fluent in Tagalog and the dialect of Ilonggo, receives inquiries from across the globe and in London from Filipinos wanting to know if they can get divorced in England.
In this article, our Family Law Solicitors look at divorce reform in the Philippines and divorce law in England.
Online and London Family Law Solicitors
Call OTS Solicitors for specialist family law advice on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Divorce law in the Philippines
Divorce is permitted in all countries except the Vatican City and the Philippines. Under the present law, if you live in the Philippines, you can't get divorced there even if you have been subjected to domestic violence or if your spouse has committed adultery or behaved unreasonably. Your options are:
- Annulment of the marriage – to annul your marriage you must have grounds for annulment such as fraud or five-year separation. Adultery, domestic violence or spousal abandonment are not grounds for annulment
- Legal separation
The only exception to divorce in the Philippines is when a couple married in a Muslim ceremony, rather than under the Civil Code.
Divorce law in England
In England, you can apply for a no-fault divorce. You do not need to give a reason for your marriage breakdown. The only requirement is that your marriage must have irretrievably broken down.
As a husband or wife does not need to prove unreasonable behaviour or adultery or desertion it is hard for their spouse to object to a no-fault divorce - unless court jurisdiction in England is disputed.
Divorce proceedings are concluded with the court granting a final order of divorce. There is normally no need to attend a divorce court hearing. The only reasons you may need to attend a family court hearing are if:
- You cannot agree on a divorce financial settlement and one of you has asked the court to make a financial court order
- The custody or contact arrangements for your children are in dispute and you need to ask the court to make a child arrangement order
- You want to take your child overseas to live and the other parent does not agree to the move. You therefore need the court to make a relocation order allowing you to take your child abroad to live
- You need protection from domestic violence with a non-molestation injunction order or occupation order
Divorce reform in the Philippines
In May 2024 the House of Representatives in the Philippines passed the Absolute Divorce Bill and the Bill is now with the Senate. If the Bill becomes law, then divorce will become legal in the Philippines. However, the divorce reform will not result in no-fault divorce. There will be limited grounds for divorce, such as physical abuse of a spouse or child, adultery or spousal abandonment.
International divorce in England
Our international Family Law Solicitors receive inquiries from around the world about whether a husband or wife has jurisdiction to start divorce proceedings in London. There are several reasons for this:
- The couple may not have the grounds to get divorced in their country of origin
- It is easier to get divorced in England with the no-fault divorce process
- When couples have a choice of jurisdiction one country may favour the husband or wife in the divorce settlement so jurisdiction shopping can have a major impact on the size of the financial award
You do not need to be a British citizen or to have settled status in the UK to be able to start divorce proceedings in London. For example:
- You are an international family with connections and property ties to England
- One spouse is a British citizen and the other spouse is living in the UK on a Spouse Visa
- The husband and wife are from overseas but one of them is in the UK on a Work Visa or Business Visa and the other is in the UK on a Dependant Visa
The impact of divorce law reform in the Philippines
Whilst our Family Law Solicitors welcome the potential divorce reform in the Philippines, we expect to continue to receive inquiries from Filipinos with connections to England or living in England about starting divorce proceedings in London. It will remain easier to get divorced in England and, for some husbands and wives, the attraction of getting divorced in London is the approach of the court to making a financial court order. The family court in London tends to be more generous than in many other jurisdictions.
If you are considering getting divorced, you can do so in England if:
- You have been married for over a year
- Your relationship has permanently broken down
- Your marriage is recognised in the UK as a legal or valid marriage
- You meet the jurisdiction criteria
The divorce jurisdiction criteria are about establishing a sufficient connection to England by meeting one or more of these criteria:
- You or your spouse are domiciled in England and Wales
- Your spouse is habitually resident in England and Wales
- You are habitually resident in England and Wales and have been living here for at least 12 months immediately before starting divorce proceedings
- You are domiciled in England or Wales and have been living here for at least six months immediately before starting divorce proceedings
- You or your spouse were last habitually resident in England or Wales and one of you lives in England or Wales
Nationality is different from domicile or habitual residence so you may be able to get divorced in England even if you are both from the Philippines or elsewhere.
International divorce is complex and divorce jurisdiction needs to be considered together with your immigration status, the location of your property and assets and the enforceability of a financial court order made in London.
Our International Divorce Solicitors are here to answer your queries on starting divorce proceedings in England.
Online and London Family Law Solicitors
Call OTS Solicitors for specialist family law advice on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Related Posts
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Divorcing When you are in the UK on a Visa
Negotiating a Financial Settlement