Divorce Property Division
Understanding Conjugal Property in the Philippines
In the Philippines, the concept of property relations between spouses is governed by a variety of regimes: Absolute Community of Property, Conjugal Partnership of Gains, or a marriage settlement agreed upon before the marriage, commonly known as a prenuptial agreement. Most couples, by default, fall under the Absolute Community of Property unless they specify otherwise in a prenuptial agreement.
Legal Framework
For Filipino citizens married to foreigners, it is crucial to understand that Philippine laws apply to the property acquired in the Philippines. The Family Code of the Philippines, Articles 91-129, lays down the rules for property relations between spouses. Any divorce decreed abroad between a Filipino and a foreigner is not recognized by Philippine laws. Thus, the property division must happen according to Philippine legislation.
How Property Is Divided
Liquidation: The first step in property division is to liquidate the community assets and liabilities.
Inventory: A comprehensive inventory of all the community property and debts is conducted.
Settlement: After the liquidation and inventory, the net assets are divided equally between the spouses unless a different arrangement has been agreed upon in a valid prenuptial agreement.
Disposition of the Family Home: The family home is generally considered conjugal property. If sold, the proceeds are divided equally between the spouses unless there's an agreement that states otherwise.
Foreign Influence: If a divorce is decreed abroad and is valid there, Philippine courts will generally respect that decree for the purpose of remarrying. However, the property relations will be governed by Philippine law.
Special Considerations
When one spouse is a foreigner, complications can arise, especially if the divorce is initiated abroad. While the Philippines does not recognize divorce, a legal separation can be filed to partition or separate the property. Moreover, foreign judgments may involve different legal frameworks that don't directly translate into Philippine law, adding an additional layer of complexity to the situation.
Conclusion
Understanding property division in the context of marriages involving a Filipino citizen and a foreigner requires a thorough understanding of Philippine laws governing marital property. Legal advice should be sought to navigate the complexities, especially if foreign jurisdictions are involved.