Relationship During Ongoing Divorce Philippines?

Is It Illegal to Be in a Relationship During an Ongoing Divorce in the Philippines?

Query:

A person wants to know if it is illegal to be in a relationship while a divorce is ongoing, particularly when the divorce is awaiting the signature of the other party.

Answer:

The concept of divorce does not formally exist in the Philippine legal system, except for some provisions applicable to Muslims. The closest equivalents are annulment and legal separation, and the rules governing these differ from those in jurisdictions where divorce is permitted.

Adultery and Concubinage:

If you're still legally married and you engage in a relationship with someone else, you may expose yourself to criminal liability for adultery if you're a woman, or concubinage if you're a man. These offenses are punishable under Articles 333 and 334 of the Revised Penal Code of the Philippines.

Pending Annulment or Legal Separation:

If you have a pending annulment or legal separation case, being in a relationship with someone other than your spouse can potentially affect the outcome of your case. Courts may consider it as evidence of marital misconduct, which can impact spousal support, child custody, and the division of assets.

Signature Pending:

If the annulment or legal separation is "waiting for the signature of the other party," it means the case is not yet finalized. Thus, you're still legally married, and the risks mentioned above still apply.

Summary:

Engaging in a new relationship while an annulment or legal separation is ongoing can be risky in the Philippines. It could not only expose you to criminal liability for adultery or concubinage but also adversely affect the outcome of your annulment or legal separation case.

Note: This article is intended for informational purposes only and should not be considered legal advice. Consult a qualified lawyer for advice tailored to your specific circumstances.