Dear Attorney,

I am in the process of filing for divorce from my spouse. We were married outside the Philippines, but both of us are Filipino citizens. I am concerned about how our financial obligations will be divided after the divorce, particularly the division of our assets and debts. Could you provide some guidance on what to expect regarding property division and financial liabilities under Philippine law?

Concerned Spouse

Insights

The issue of divorce, particularly for Filipino citizens, is complex due to the unique legal landscape in the Philippines. Under current Philippine law, divorce is not recognized for Filipino citizens, except for Muslim Filipinos under specific circumstances. The Family Code of the Philippines provides alternatives like annulment and legal separation. However, since your marriage occurred outside the Philippines, the divorce you are seeking may have implications depending on the jurisdiction where it is filed.

Property and Financial Obligations

For property relations, the governing law is the Family Code of the Philippines, particularly the provisions on the regime of property relations between spouses. If you did not enter into a prenuptial agreement before your marriage, you would most likely be under the regime of absolute community of property (ACP). This regime treats all properties acquired by both spouses during the marriage as owned in common. Upon the termination of the marriage through annulment or legal separation (divorce being unavailable under Philippine law), these properties are divided equally between the spouses.

Division of Assets and Debts

In an annulment or legal separation proceeding, the court will determine how to divide the couple's assets and debts. If your marriage falls under the absolute community of property regime, the following principles will generally apply:

Assets Acquired During the Marriage: All properties acquired during the marriage, whether registered in your name or your spouse’s, are considered part of the community property and are subject to equal division.
Debts: Obligations contracted during the marriage are also shared, provided they benefited the family. This could include loans taken to purchase property, fund business ventures, or meet family expenses. If the debts were incurred for personal reasons or did not benefit the family, they may be excluded from this division and will remain the sole responsibility of the spouse who contracted them.

Properties Excluded from Division

Certain properties are excluded from the community property regime:

Inheritance and Donations: Properties inherited by or donated to either spouse exclusively are not considered part of the common property and will not be subject to division.
Personal Property: Items for personal use, such as clothing and personal effects, remain with the individual who owns them.
Pre-Marital Properties: Properties owned by either spouse before the marriage remain their separate property unless they were specifically contributed to the community property during the marriage.

Divorce Recognition for Marriages Abroad

Since both you and your spouse are Filipino citizens, a foreign divorce decree may not automatically be recognized in the Philippines. However, if your spouse is a foreign national, the rules under Article 26 of the Family Code may apply. This provision allows for the recognition of a foreign divorce initiated by the foreign spouse, which effectively terminates the marital bond in the Philippines and allows the Filipino spouse to remarry.

If both spouses are Filipino citizens, obtaining a valid divorce outside the country does not dissolve the marriage in the Philippines. Therefore, property and financial obligations will still be subject to Philippine law unless you undergo annulment or legal separation proceedings.

Conclusion

Since divorce is not recognized in the Philippines for Filipino citizens, you may need to consider alternative legal remedies, such as annulment or legal separation. These processes will also involve a division of property and the settlement of financial obligations, depending on the property regime applicable to your marriage. I recommend consulting a lawyer specializing in family law to explore your legal options in more detail, particularly if foreign jurisdiction divorce and property concerns are involved.