Is There Divorce in the Philippines?

Is There Divorce in the Philippines?

(Updated 18 March 2017)

Isn’t it always great when you get a note from a reader telling you that you got things wrong? Recently I got such a note from a reader name of Paul.  Paul picked up on something I have written more than once in the past, “There is no divorce in the Philippines” .

Paul informed me that this statement was wrong and even went on to tell me how he (by methods he refused to divulge with me paying a fee) could actually effectuate legal divorces in the Philippines.

Well actually, even though I’m known for having a thin skin (onion skin as we call it here in the Philippines), I certainly do want to know when I have screwed up and got something wrong.

But, on the other hand, it sometimes ruffles my feathers a bit when it turns out I really am not wrong.

Even though reader Paul refuses to explain how these “legal” divorces come about, I did a little investigating and since “Paul” is neither a Filipino nor a lawyer I definitely took his “correction” with a very large grain of salt.

But I’ll Give Paul This.  There IS Divorce in the Philippines

But it is under some very strict and rare conditions.

Here are just a few quotes from ‘real’ lawyers, much more qualified to speak on legal issues in the Philippines than am I am

(Remember, I am not an attorney and none of this is to be construed as legal advice, it is my personal opinion only)…

… It is not really accurate to say that there is absolutely no divorce in the Philippines. Under Presidential Decree No. 1083, also known as the “Code of Muslim Personal Laws of the Philippines,” divorce is allowed in certain instances, but this law applies only when both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law in any part of the Philippines. For the rest of Filipinos, therefore, divorce is not available… Read more at Atty. Fred Pamaos’ blog

For Those Who Won’t Take The Time to Read Atty Pamano’s Article

The gist is this

… Presidential Decree No. 1083, also known as the “Code of Muslim Personal Laws of the Philippines,” divorce is allowed in certain instances, but this law applies only when both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law in any part of the Philippines. For the rest of Filipinos, therefore, divorce is not available…. (My emphasis)

See also:

Annulment in The Philippines which tells us:

… There is no such thing as Philippines Divorce. Obtaining an annulment in the Philippines is the only correct process to terminate a marriage. …

And also:

…Philippine law, in general, does not provide for divorce inside the Philippines. The only exception is with respect to Muslims, who are allowed to divorce in certain circumstances. For those not of the Muslim faith, the law only allows annulment of marriages. …

I could go on and on, but I won’t.

I’ll say this.  There is no divorce in the Philippines except under certain circumstances for those of the Muslim faith. (who are have also been married in a Muslim ceremony).

Otherwise, Paul, you have a whole lot more people to contact and inform that they are wrong … fair enough?

Now what about the “exceptions” mentioned above?

Well, again, for those of the Muslim/Islamic faith, there is a system of courts on the Philippines which goes back to president Marcos’ time, known as the Shari’a courts.

Shari’a courts are Shari’a District Courts (SDCs) and Shari’a Circuit Courts (SCCs) that were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws.

These courts have been established to resolve cases involving Muslims.

Shari’a Circuit Courts are courts where Muslims can file cases involving the following:

• Offenses defined and punished under PD 1083
• Disputes relating to:
• marriage
• divorce
• betrothal or breach of contract to marry
• customary dower (mahr)
• disposition and distribution of property upon divorce
• maintenance and support and consolatory gifts (mut’a)
• restitution of marital rights
• Disputes relative to communal properties.

Much more information here on Muslim Law in the Philippines

So, is there divorce in the Philippines? 

I guess I should say, maybe, perhaps, sometimes, for certainly peoples of the Philippines, but in general, I still opine the answer is NO.

Stay tuned as I have some more to say on this subject soon, especially just how ethical I think it is to try to make a business out of an “I know a Secret” line of thinking.

Help for Shari’a Court issues is available through a competent attorneys, and even for general consumers online, just do a Google search or look up and see an attorney for legal advice.  Philly said so, and I never charge for advice.

So what’s your thoughts on Is There Divorce in the Philippines?