Family Law Comparative Guide

Article Insights

1 Legislative framework

1.1 Which main sources of laws and regulations govern matrimonial and family law matters – including, but not limited to, divorce, judicial separation, children's matters and financial matters arising from the breakdown of marriage – in your jurisdiction?

In our jurisdiction, matrimonial and family matters, are governed by Executive Order No. 209, otherwise known as the Family Code of the Philippines.

The Family Code governs marriage and its incidents, including the requisites and formalities of marriage, property relations between spouses, legal separation, support, parental authority, filiation, and matters involving children. It also regulates financial matters arising from the breakdown of marriage, such as property relations, support, and custody.

Adoption, on the other hand, is governed by Republic Act No. 11642, otherwise known as the Domestic Administrative Adoption and Alternative Child Care Act, which establishes the legal framework for domestic administrative adoption and other alternative child care arrangements in the Philippines.

1.2 Which bilateral or multinational instruments have application in this regard in your jurisdiction?

The Philippines is a party to several Hague Conference on Private International Law (HCCH) conventions that directly relate to cross‑border aspects of family law: the Hague Convention on the Civil Aspects of International Child Abduction (1980), which provides procedures for the return of children wrongfully removed or retained across borders between contracting states; the Hague Convention on Protection of Children and Co‑operation in Respect of Intercountry Adoption (1993), which governs intercountry adoption safeguards and cooperation; and the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007), which the Philippines has ratified and which entered into force for the country to facilitate the cross‑border enforcement of child support and related family maintenance orders. The Philippines is also a contracting party to the Hague Apostille Convention (1961) and the Hague Service Convention (1965), which aid in international legal cooperation in document authentication and service of process. Additionally, the United Nations Convention on the Rights of the Child (UNCRC) establishes standards for child protection and welfare that inform domestic family law policy, including custody and support rights.

1.3 Which bodies are responsible for enforcing the applicable laws and regulations in your jurisdiction? What powers do they have? What is the general approach of these bodies in enforcing the applicable laws and regulations?

In the Philippines, enforcement of family and matrimonial laws is generally undertaken by the executive department, through its delegated agencies. For adoption and alternative child care, the National Authority for Child Care (NACC) and its regional offices or the Regional/City Adoption and Foster Care Committees (RACCOs) enforce compliance with requirements, approve placements, and monitor the welfare of children. Child protection matters, including abuse, neglect, exploitation, or trafficking, are primarily enforced by the Department of Social Welfare and Development (DSWD), which has authority to investigate cases, provide protective custody, and issue directives under the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) and related laws.

Matters involving the annulment of marriage, declaration of nullity, legal separation, and related issues on custody, support, and property relations fall within the jurisdiction of the courts, which exercise judicial power to adjudicate disputes, issue orders, and enforce judgments.

1.4 Can foreign judgments and orders be enforced in your jurisdiction and if so how?

Yes, foreign judgments and orders can be enforced in our jurisdiction, but only after judicial recognition through a proper action before a competent Philippine court. Foreign judgments must be proven as a fact, including proof of the foreign law on which they are based, and that the judgment was rendered by a court with proper jurisdiction.

2 Jurisdiction

2.1 What are the jurisdictional requirements for the domestic courts to handle matrimonial and family law matters? How do the parties satisfy the courts of such requirements?

As a general rule, jurisdiction is based on the place where either party ( petitioner/ respondent) resides.

For a petition for nullity, it must be filed in the Family Court of the province or city where either the petitioner or respondent has resided for at least six months immediately preceding the filing of the petition. To satisfy the court of this requirement, the petitioner must submit supporting documents of residency, such as a contract of lease, utility bills in his or her name, a sworn barangay certification of residence with a location sketch, and a sworn statement from his or her counsel confirming verification of residence.

However, there are instances wherein the submission of supporting documents can be dispensed with. A petitioner who has left the habitual residence due to just causes, such as violence against the person or children, drug addiction, criminal activity, alcoholism, infidelity, or failure to provide support, is exempt from submitting these documents, provided the reasons are cited in the verification and detailed in the petition. Where both parties reside abroad for employment, business, education, or other purposes, the petitioner may submit instead a sworn certification from the Philippine Consulate confirming temporary residence abroad, sufficient proof of the habitual residence of either party or the place they last resided as a married couple, and a sworn statement from counsel confirming that the residency requirement and its consequences have been explained.

2.2 What are the legal principles governing disputes on competing jurisdictions and what are the determining factors for the court when considering such disputes?

The Philippines recognizes the principle of adherence to jurisdiction: once a competent court acquires jurisdiction over a certain case, it has the authority to hear and decide the case, and other courts must generally defer to the court first seized.

3 Relationships and co-habitation,

3.1 Are there any laws and regulations protecting same-sex and/or co-habiting couples in your jurisdiction? If so, what are they?

At present, the Philippines has no laws and regulations protecting same sex couples.

On the other hand, certain provisions of the Family Code of the Philippines protect property rights of co-habiting couples in the Philippines, depending on whether they are legally capacitated to marry each other.

3.2 Do co-habiting couples have any rights in the event of the breakdown of the relationship? On what grounds can they exercise those rights?

Cohabiting couples in the Philippines do not acquire marital rights, but, they may assert property rights under Articles 147 and 148 of the Family Code upon the breakdown of their relationship, depending on whether they are legally capacitated to marry each other.

Under Article 147, when a man and a woman who are legally capacitated to marry each other live exclusively as husband and wife without a valid marriage or under a void marriage, their wages and salaries are owned in equal shares, and properties acquired during cohabitation through their work or industry are governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired during the period of cohabitation are presumed to have been obtained through their joint efforts and are owned equally. Contributions in the form of care and maintenance of the family and household are deemed equivalent to financial contribution. Neither party may dispose of or encumber his or her share in the common property without the consent of the other during cohabitation. Where only one party acted in good faith in a void marriage, the share of the party in bad faith is forfeited in favor of the common children, or in their absence, the innocent party, upon termination of the cohabitation.

Under Article 148, which applies when one or both parties are not legally capacitated to marry each other, only properties acquired through their actual joint contribution of money, property, or industry are owned in common, and ownership is proportionate to their respective contributions, subject to a presumption of equality in the absence of proof to the contrary. If one party is validly married to another, his or her share in the co-ownership accrues to the absolute community or conjugal partnership of the valid marriage. The rules on forfeiture likewise apply to parties who acted in bad faith, with forfeiture taking effect upon the termination of the cohabitation.

3.3 Can co-habiting couples formalise their relationship in your jurisdiction (eg, through a civil partnership or similar)?

No. In the Philippines, co-habiting couples cannot formally register or legalize their relationship through civil partnership or any other similar arrangement. Philippine laws do not recognize civil partnerships, civil union, or registered partnerships in terms of co-habiting couples.

Co-habiting opposite sex couples may only formalize their relationship through a valid marriage, as defined under the Family Code of the Philippines.

3.4 Are foreign civil partnerships, same-sex marriages or similar recognised in your jurisdiction? What requirements and restrictions apply in this regard?

No. As previously mentioned, Philippine laws do not recognize foreign civil partnerships, same sex marriages and similar unions.

4 Marriage

4.1 What is considered a legal and valid marriage in your jurisdiction?

In the Philippines, a marriage is considered legal and valid only if it complies with the essential and formal requisites laid down in the Family Code of the Philippines.

Under Article 2 of the same Code, the essential requisites of a valid marriage are as follows: first, the legal capacity of the contracting parties, who must be a male and female, and second, consent freely given by both parties in the presence of the solemnizing officer. Legal capacity refers to the absence of any legal impediment to marry and the required age under the law.

Under Article 3, the formal requisites of marriage consist of: the authority of the solemnizing officer to officiate the marriage, a valid marriage license, except in specific cases where the law dispenses with the requirement, and a marriage ceremony where the contracting parties personally appear before the solemnizing officer and declare that they take each other as husband and wife in the presence of at least two witnesses of legal age.

The absence of any essential or formal requisite renders the marriage void ab initio, except in cases specifically recognized by law. A defect in any essential requisite makes the marriage voidable, subject to annulment under Article 45. On the other hand, an irregularity in the formal requisites does not affect the validity of the marriage, although the responsible party or parties may incur civil, criminal, or administrative liability.

4.2 Does your jurisdiction recognise common law/de facto marriages as valid marriages?

No. The Philippines does not recognize common law or de facto marriages as valid marriages.

Under Philippine law, marriage is a special contract of permanent union that is valid only if it complies with the essential and formal requisites set out in the Family Code. Mere cohabitation, regardless of its duration or the parties' intention to be treated as husband and wife, does not create a valid marriage.

While the law acknowledges certain property and equitable rights arising from cohabitation under Articles 147 and 148 of the Family Code, these provisions do not confer marital status and do not convert a common law or de facto relationship into a valid marriage.

Accordingly, common law or de facto relationships are not recognized as valid marriages in the Philippines, and the parties do not acquire the rights and obligations that arise from a legally valid marriage.

4.3 Are religious marriages, foreign marriages or customary marriages recognised in your jurisdiction? What requirements and restrictions apply in this regard?

Religious and foreign marriages are recognized in the Philippines, subject to compliance with the law.

Religious marriages are valid under Philippine laws provided that there is compliance with the essential and formal requisites under the Family Code of the Philippines and are solemnized by a duly authorized religious minister authorized in accordance with Articles 6 to 8 thereof.

Foreign marriages, on the other hand, are generally recognized under the principle of lex loci celebrationis, which means that a marriage validly celebrated abroad in accordance with the law of the place of celebration is considered valid in the Philippines, subject to proof, public policy considerations, and the legal capacity of the Filipino spouse.

The Family Code likewise provides that marriages among Muslims or among members of the ethnic cultural communities are allowed and may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.

4.4 Does a specific marital property regime apply in your jurisdiction?

Yes. A specific marital property regime applies in the Philippines. In the absence of a valid marriage settlement, or when the agreed regime is void, the law provides that the regime of absolute community of property shall automatically govern the property relations of the spouses. This default regime applies by operation of law upon the celebration of the marriage.

Absolute community of property is a marital property regime where, upon marriage, all properties owned by the spouses before the marriage and those acquired thereafter become part of a single community property, unless expressly excluded by law. The spouses jointly own, manage, and enjoy the community property, and it is generally liable for their common obligations during the marriage, as provided under the Family Code of the Philippines.

However, under Article 75 of the Family Code, future spouses may, through marriage settlements executed before the celebration of the marriage, agree on the property regime that will govern their marriage. They may choose among the regime of absolute community of property, conjugal partnership of gains, complete separation of property, or any other property regime that is not contrary to law, morals, good customs, public order, or public policy.

5 Pre- and postnuptial agreements

5.1 Are pre- and postnuptial agreements recognised in your jurisdiction? Does this depend on whether the agreement was entered into in the jurisdiction?

Yes, prenuptial agreements are recognized in the Philippines. Under Article 74 of the Family Code, the property relations between husband and wife are governed in the following order: first, by marriage settlements executed before the marriage (i.e., prenuptial agreements); second, by the provisions of the Family Code; and third, by local custom. Prenuptial agreements allow spouses to agree in advance on their property regime and are valid as long as they comply with legal requirements.

Article 80 further provides that, in the absence of a contrary stipulation in a marriage settlement, the property relations of spouses are governed by Philippine law, regardless of the place of celebration of the marriage or their residence. However, this rule does not apply when both spouses are aliens, when contracts affect property located outside the Philippines and executed under foreign law, or when contracts executed in the Philippines affect property abroad requiring different formalities.

As a general rule, only prenuptial agreements are explicitly recognized under Philippine law. Agreements executed after marriage (postnuptial agreements) do not have the same statutory recognition and generally cannot modify the default marital property regime unless specifically allowed for sufficient cause and upon court approval.

5.2 What are the formal and procedural requirements to enter into a valid pre- or postnuptial agreement and what requirements and restrictions apply to the content of pre- and postnuptial agreements?

In our jurisdiction, prenuptial agreements must be in writing, signed by the parties and executed before the celebration of the marriage. The agreement and any modification must be registered in the local civil registry and, where applicable, in the proper property registries to bind third persons.

Postnuptial agreements are generally not allowed, except in limited cases expressly authorized by law and approved by the court.

The parties may stipulate on their property relations, provided the provisions are not contrary to law, morals, public order, or public policy, and do not prejudice third persons or compulsory heirs. Personal rights and obligations of marriage may not be waived or modified.

5.3 What specific considerations and concerns should be borne in mind in relation to pre- and postnuptial agreements where the parties have international connections (eg, in terms of the location of assets, domicile/habitual residence or future plans)?

The Family Code of the Philippines does not explicitly address pre- or postnuptial agreements in the context of international or cross-border matters. It only provides that prenuptial agreements must be in writing, executed before marriage, and registered, and that the parties may stipulate on property relations as long as the provisions are not contrary to law, morals, public order, or public policy, and do not prejudice compulsory heirs.

For parties with international connections, practical considerations include the location of assets, domicile or habitual residence, and future plans such as relocation, inheritance, or cross-border business. The enforceability of the agreement may be affected by foreign laws where assets are located or where parties may reside, and parties should ensure that agreements are legally valid in all relevant jurisdictions.

5.4 Do the regimes discussed in this question have equal application to same-sex couples? If not, please highlight the differences in treatment.

No. As previously mentioned, only a union between a man and a woman is recognized as a marriage under the Family Code. As a result, prenuptial and postnuptial agreements do not apply to same-sex couples.

5.5 Is the legal status of a separation agreement different from a pre- or postnuptial agreement? If so what are the differences?

No answer submitted for this question.

6 Divorce

6.1 Under what circumstances do the domestic courts have jurisdiction to deal with a divorce initiated by the parties?

In the Philippines, domestic courts generally do not have jurisdiction over divorce proceedings involving Filipino citizens, as divorce is not recognized under Philippine law. However, an exception exists under Article 26(2) of the Family Code, where a marriage between a Filipino citizen and a foreign national is validly dissolved by a divorce obtained abroad by the foreign spouse. In such cases, Philippine courts may recognize the foreign divorce through a judicial recognition proceeding, thereby capacitating the Filipino spouse to remarry.

6.2 What are the grounds for divorce in your jurisdiction? How do the parties prove these grounds?

In our jurisdiction, divorce is generally not recognized for Filipino citizens, except in the instance provided for in the preceding number. For Filipino citizens, the legal remedies available to dissolve or modify a marital relationship are annulment, declaration of nullity of marriage, or legal separation. Annulment and declaration of nullity may be granted on specific grounds provided under the Family Code, such as lack of parental consent, psychological incapacity, fraud, or impotence, while legal separation allows spouses to live separately and divide certain properties without terminating the marriage. To obtain any of these remedies, the party seeking relief must prove the existence of the statutory grounds, typically through documentary evidence, witness testimony, and, where relevant, expert opinions, depending on the nature of the claim.

6.3 How does the divorce process typically unfold and what is the general timeline?

In the Philippines, divorce is not applicable for Filipino citizens, as the law does not recognize divorce except for certain marriages involving foreign nationals under foreign law. Instead, marriage dissolution may only occur through annulment, declaration of nullity, or legal separation, each with its own procedural requirements and timelines.

6.4 Can divorce proceedings be finalised while other related proceedings (eg, involving children or finances) are still ongoing?

Divorce proceedings cannot be finalized in the Philippines because divorce is generally not recognized for Filipino citizens. Related proceedings involving children, support, or property can be instead addressed through annulment, nullity, or legal separation cases.

6.5 Is non-judicial divorce available in your jurisdiction? What requirements and restrictions apply in this regard and how does the process typically unfold?

In the Philippines, non-judicial divorce is not available. Divorce is generally not recognized, and married couples cannot legally dissolve their marriage except for foreign nationals under limited circumstances.

6.6 Are foreign divorces and religious divorces recognised in your jurisdiction? What requirements and restrictions apply in this regard?

Foreign divorces are recognized in the Philippines in limited circumstances under Article 26(2) of the Family Code. Recognition is allowed when a marriage between a Filipino and a foreign national was validly celebrated and a divorce was validly obtained abroad that capacitated the foreign spouse to remarry. For recognition, it must be proven that the foreign divorce was valid under the law of the country where it was granted and that the foreign court or tribunal had jurisdiction to issue it. Philippine law and jurisprudence require proof of both the foreign divorce decree and the applicable foreign law because courts do not take judicial notice of foreign laws automatically.

Religious divorces are generally not recognized under Philippine law, except under the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083, 1977), which allows Muslims to obtain divorce according to Islamic law and for such divorces to have legal effect for matters within that personal law regime.

6.7 Are separation and/or nullity proceedings available in your jurisdiction? What requirements and restrictions apply in this regard?

In the Philippines, legal separation , and declaration of nullity (void and voidable marriage) are available under the Family Code.

Legal separation allows spouses to live separately and divide property without dissolving the marriage. Grounds include the following: repeated physical violence, grossly abusive conduct toward the spouse or children, sexual infidelity, attempts to compel a spouse to change religion, abandonment for over a year, drug addiction, alcoholism, habitual gambling, and imprisonment over six years.

Declaration of nullity renders a voidable marriage void, which includes those voidable marriages due to defects in consent or capacity, with grounds including lack of parental consent where required, psychological incapacity, physical incapacity (impotence), force, intimidation, or undue influence, and fraud involving specified concealments such as sexually transmissible diseases, pregnancy by another man, prior criminal convictions, drug addiction, habitual alcoholism, or homosexuality/lesbianism.

Declaration of nullity renders a marriage void from the beginning, applying to marriages prohibited by law such as bigamous, polygamous, incestuous marriages, those solemnized without a valid license, or by minors without required consent.

All proceedings are filed with the Regional Trial Court having jurisdiction over any of the spouses' residence, where the Court evaluates evidence before granting relief.

6.8 What are the requirements for effective service of the divorce papers on the other party in your jurisdiction and how can the papers be served on the opposing party if he or she lives overseas?

In the Philippines, divorce is generally not recognized and therefore there are no rules on the service of divorce papers within the jurisdiction. Consequently, there are no procedures for serving divorce papers to an opposing party, whether locally or overseas. The only context in which foreign divorce may be recognized is for Filipino spouses married to foreign nationals, in which case recognition is sought through a petition for judicial recognition in the Philippine courts, and service of relevant documents follows the requirements for civil or recognition proceedings under procedural rules.

7 Finances

7.1 Does the court in your jurisdiction take the lead to facilitate financial settlement through court processes (eg, through a financial dispute resolution hearing)?

Yes. In the Philippines, Family Courts are empowered under the Family Code and the Rules of Court to assist parties in resolving financial matters arising from marriage or its dissolution, including property relations, spousal support, and child support. During proceedings such as legal separation, annulment, or declaration of nullity of marriage, the court may require the parties to submit a detailed declaration of all properties, assets, liabilities, and income and may facilitate settlement of property relations. Family Courts actively encourage parties to reach an amicable settlement on financial and property issues, and such settlements, once approved by the court, become binding and enforceable. If the parties cannot agree, the court will determine financial obligations and property division based on the Family Code's rules on property regimes, support, and the best interests of the children.

7.2 Spousal and child maintenance: (a) What orders can the court make in relation to spousal and child maintenance on divorce or judicial separation and how are the relevant amounts calculated? (b) What general principles apply to spousal and child maintenance? What specific factors will the court consider in deciding which orders to make in this regard? (c) When do spousal and child maintenance expire? (d) What happens to spousal and child maintenance after the death of the paying party or if the paying party is an adjudicated bankrupt? (e) Which bodies are responsible for issuing child support orders in your jurisdiction? (f) Does the child support regime vary depending on whether the parents' relationship was formalised (eg, marriage/civil partnership/co-habitation)? (g) Can a child (adult or minor) make a direct claim for child support? If so, under what circumstances? (h) What specific considerations and concerns should be borne in mind in relation to child support where the parties have international connections? (i) What are the main enforcement methods to ensure compliance with child support awards? What are the typical consequences of breach?

(a) What orders can the court make in relation to spousal and child maintenance on divorce or judicial separation and how are the relevant amounts calculated?

Under Article 198 of the Family Code, during the proceedings for legal separation, the spouses and their children are entitled to support from the absolute community or conjugal partnership property. After a final judgment, the mutual obligation of support between spouses generally ceases. However, in the case of legal or judicial separation, the court may order the guilty spouse to provide support to the innocent spouse, specifying the amount, duration, and manner of payment.

The court may also order child support, ensuring the children's necessities such as food, clothing, education, medical care, and other welfare needs are met. The amounts for both spousal and child support are calculated based on the needs of the dependent spouse or children, the financial capacity, income, and assets of the paying spouse, and the standard of living established during the marriage.

(b) What general principles apply to spousal and child maintenance? What specific factors will the court consider in deciding which orders to make in this regard?

Maintenance is grounded in the principle that dependent spouses and children have a right to support. Courts consider the following: the needs of the dependent spouse or child, including education, health, and daily necessities; the financial capacity of the obligor, including salary, assets, and other obligations; the standard of living during the marriage; and whether the spouse or child has other means of support. For child support, the court also considers whether the child is legitimate or illegitimate, as this may affect custody arrangements, though all children are entitled to adequate support.

(c) When do spousal and child maintenance expire?

Under Article 198 of the Family Code, the mutual obligation of support between spouses ceases after the final judgment granting a petition for legal or judicial separation. This means that, once the court issues the decree of judicial separation, the general duty of each spouse to support the other ends. However, the court may still order the guilty spouse to provide support to the innocent spouse, specifying the terms, amount, and duration.

Child support, by contrast, does not automatically cease with the final judgment. Support for the children continues until they are able to support themselves, which may extend beyond the age of majority if they are still pursuing education or are physically or mentally incapable of self-support. The obligation ends once the children can reasonably provide for themselves or the court determines that support is no longer necessary.

(d) What happens to spousal and child maintenance after the death of the paying party or if the paying party is an adjudicated bankrupt?

If the paying spouse dies, the innocent spouse and children are considered compulsory heirs and are entitled to their legitime from the decedent's estate. This means they can claim support from the estate to satisfy any ongoing maintenance obligations, ensuring that their rights and needs are protected even after the obligor's death.

If the paying spouse is declared bankrupt, maintenance claims are generally treated as ordinary unsecured claims, unless they fall under a specific class of preferred credits, such as advances for the support of the family during the last year preceding insolvency or support during the insolvency proceedings (Civil Code, Articles 2241–2244). The court will consider the financial capacity of the bankrupt spouse and the available estate in enforcing maintenance.

(e) Which bodies are responsible for issuing child support orders in your jurisdiction?

In the Philippines, child support orders are generally issued by the Family Court or the Regional Trial Court (RTC) having jurisdiction over the parties' residence. The Family Courts, which are branches of the RTC, are specifically designated to handle cases involving family relations, including legal separation, annulment, nullity of marriage, and child support claims.

(f) Does the child support regime vary depending on whether the parents' relationship was formalised (eg, marriage/civil partnership/co-habitation)?

No. Under the Family Code of the Philippines, all children, whether legitimate or illegitimate, are entitled to support from their parents.

(g) Can a child (adult or minor) make a direct claim for child support? If so, under what circumstances?

Yes. In the Philippines, a minor child may file a direct claim for child support through a parent or legal guardian when the other parent fails to provide adequate support. The Family Code recognizes the child's right to receive support regardless of the custodial arrangement, and the court ensures that the child's necessities, including food, education, clothing, and medical care, are met.

An adult child may also claim support if they are still pursuing education or vocational training and are therefore incapable of self-support, or if they are physically or mentally incapable of supporting themselves. In all instances, the claim must demonstrate that the child is legally dependent on the obligor and that the obligor has the capacity to provide support. Courts assess both the needs of the child and the ability of the parent to provide support, ensuring that the claim is just and proportionate to available resources.

(h) What specific considerations and concerns should be borne in mind in relation to child support where the parties have international connections?

When a parent resides abroad or has international ties, several key legal and practical issues arise in child support cases under Philippine law. First, jurisdiction and effective service must be established: Philippine courts must have valid jurisdiction over the respondent parent, and service of summons abroad must comply with the Rules of Court (e.g., by registered mail, diplomatic channels, or other modes permitted for service outside the Philippines). Second, if a foreign child support order already exists, a Philippine court may require judicial recognition of that order before enforcing it domestically, ensuring that the foreign decree was validly rendered and that due process was observed. Third, courts consider the obligor's foreign income, currency differences, cost of living, and remittance logistics when determining appropriate support amounts, balancing the child's needs with the paying parent's actual capacity.

(i) What are the main enforcement methods to ensure compliance with child support awards? What are the typical consequences of breach?

In the Philippines, child support orders are enforceable through the courts. If the obligor fails to comply voluntarily, the recipient may seek enforcement via writs of execution, garnishment of wages, or attachment of property.

7.3 Asset division: (a) What orders can the court make in relation to the division of assets on divorce or judicial separation? (b) What general principles apply to the division of assets? What specific factors will the court consider in deciding which orders to make in this regard? (c) How does the court treat unreasonable conduct during the marriage in relation to financial matters (eg, reckless spending, gambling, dissipation of assets) when determining on capital division in divorce? (d) Is it common for expert evidence to be adduced and used in court (eg, forensic accountants, valuations of companies/properties)? (e) Is the family home treated differently compared to other family assets on divorce or judicial separation? If so, how? (f) Are trusts recognised in your jurisdiction? How are they treated on divorce or judicial separation? (g) What are the main enforcement methods to ensure compliance with financial orders issued on divorce or judicial separation? What are the typical consequences of breach? (h) If the parties are in agreement on financial matters, is non-judicial resolution of these possible? What requirements and restrictions apply in this regard and how does the process typically unfold? (i) Can the courts make financial orders in relation to a foreign divorce? What requirements and restrictions apply in this regard and who can apply for such orders?

(a) What orders can the court make in relation to the division of assets on divorce or judicial separation?

Divorce is generally not recognized under domestic law; hence, orders for the division of assets on divorce are not applicable.

In cases of legal separation, however, the Family Code governs the division of property. Upon the finality of a decree of legal separation, the absolute community of property or the conjugal partnership between the spouses is dissolved and liquidated. The court orders the inventory, liquidation, and partition of the community or partnership assets in accordance with the applicable property regime. As a general rule, the net assets are divided equally between the spouses after payment of obligations. However, the share of the spouse who is found guilty of the ground for legal separation may be forfeited in favor of the innocent spouse, and in proper cases, the common children, as provided under the Family Code. The court also ensures that the rights of creditors and the compulsory heirs are protected during the liquidation and distribution of the assets.

(b) What general principles apply to the division of assets? What specific factors will the court consider in deciding which orders to make in this regard?

The general principle is that, upon the finality of a decree of legal separation, the applicable property regime is dissolved and liquidated, and the net assets are divided in accordance with law, usually on an equal basis after payment of debts and obligations. The court ensures that the rights of creditors and compulsory heirs are protected and that only properties properly belonging to the community or partnership are included in the liquidation.

Where one spouse is adjudged the guilty spouse, the court may order the forfeiture of that spouse's share in the net assets in favor of the innocent spouse and, where appropriate, the common children, as provided under the Family Code.

(c) How does the court treat unreasonable conduct during the marriage in relation to financial matters (eg, reckless spending, gambling, dissipation of assets) when determining on capital division in divorce?

In the Philippines, divorce is not recognized, so courts address financial matters in legal separation, annulment, or declaration of nullity proceedings under the Family Code. While the Family Code governs property relations through absolute community or conjugal partnership, courts may consider a spouse's unreasonable or injurious conduct— when settling financial matters. Under Article 95 of the Family Code, any gambling winnings acquired by a spouse during the marriage form part of the conjugal or community property and therefore benefit the family, whereas losses from gambling are borne by the spouse who incurred them and are not charged to the marital estate.

(d) Is it common for expert evidence to be adduced and used in court (eg, forensic accountants, valuations of companies/properties)?

Yes. Typically, expert evidence is not commonly adduced in Philippine family law proceedings for division of properties, as most cases involve ordinary property or standard financial declarations. However, the use of experts may become necessary depending on the nature and complexity of the property involved.

(e) Is the family home treated differently compared to other family assets on divorce or judicial separation? If so, how?

Yes, it is. Under the Family Code, the family home may only be sold, alienated, donated, assigned, or encumbered with the written consent of the person constituting it, the spouse, and a majority of beneficiaries of legal age, with the court resolving any conflict.

Upon legal separation or annulment, the property regime dissolves, but the court still considers the best interests and welfare of minor children and the innocent spouse in determining possession and use. Furthermore, the family home continues to exist despite the death of one or both spouses or the unmarried head of the family for a period of ten years or as long as there is a minor beneficiary, and heirs cannot partition the property unless the court finds compelling reasons (Article 159). Courts may therefore allow the custodial parent and minor children to remain in the family home to maintain stability while protecting the rights of all beneficiaries.

(f) Are trusts recognised in your jurisdiction? How are they treated on divorce or judicial separation?

Trusts are recognized in the Philippines, which are primarily governed by the Civil Code. Trusts may be created for various purposes, including the management of property for the benefit of a beneficiary. However, trusts are not recognized or applied in the context of divorce or judicial separation.

(g) What are the main enforcement methods to ensure compliance with financial orders issued on divorce or judicial separation? What are the typical consequences of breach?

In the Philippines, once a decision has been rendered by the court in a case and certificate of finality has been issued, the prevailing party may enforce it through the writ of execution, which allows the court to direct the sheriff or enforcement officer to seize or attach the property of the non-complying spouse to satisfy the order.

(h) If the parties are in agreement on financial matters, is non-judicial resolution of these possible? What requirements and restrictions apply in this regard and how does the process typically unfold?

Yes. Spouses may negotiate and enter into private agreements on financial matters such as the division of property, spousal support, and child support. However, for these agreements to have binding legal effect in the context of legal separation, annulment, or nullity proceedings, they generally must be submitted to the court for approval. Philippine courts have the authority to review such agreements and determine whether they are fair, equitable, and consistent with law and public policy, particularly with respect to the rights of the innocent spouse, minor children, and compulsory heirs. The court will not approve terms that are contrary to law, morals, public order, or public policy, or that prejudice third parties or the legitimate rights of children.

(i) Can the courts make financial orders in relation to a foreign divorce? What requirements and restrictions apply in this regard and who can apply for such orders?

In the Philippines, the recognition of a foreign divorce involving a Filipino spouse is generally limited to its effect on marital status, which allows the Filipino spouse to remarry. Philippine courts do not automatically grant financial orders—such as spousal support, property division, or child support—based solely on a foreign divorce.

8 Child custody

8.1 What general principles apply to custody and access arrangements? What specific factors will the court consider in deciding which orders to make in this regard?

Custody and access arrangements in the Philippines are guided by the general principle of the best interest of the child, which is the paramount consideration in any decision concerning custody, guardianship, or visitation. Under the Family Code, children below seven years of age are generally presumed to be under the custody of the mother, unless compelling reasons justify otherwise.

The court considers various factors in making custody and access arrangements, including the child's age, sex, health, emotional needs, moral and material welfare, and the ability of each parent to provide proper care and guidance.

Visitation rights are granted to the non-custodial parent, ensuring continued contact and fostering the parent-child relationship. For illegitimate children, custody is usually granted to the mother, but the court may allow the father reasonable access or visitation. Fathers of illegitimate children are allowed to exercise parental authority as prescribed by law, consistent with the child's best interests. Other considerations include the child's preference (if of sufficient age and maturity), the capacity of the parents to maintain a stable home environment, and any evidence of abuse, neglect, or unfitness.

8.2 Are unmarried couples/same-sex couples entitled to the same claims as married couples in relation to children? Are legitimate and illegitimate children treated identically by the court in your jurisdiction?

No. In the Philippines, children born to unmarried couples, are generally considered illegitimate, and therefore do not enjoy the same legal rights as children born to married parents.

The law treats legitimate and illegitimate children differently, particularly regarding succession and inheritance rights under the Civil Code, as well as certain parental rights and obligations enforced by family courts. Legitimate children inherit from both parents and enjoy full parental authority and support, whereas illegitimate children have more limited inheritance rights.

8.3 Does the court in your jurisdiction take the lead to facilitate settlement regarding children matters through court processes (eg, through a child dispute resolution hearing)?

In the Philippines, foreign divorces and religious divorces are recognized only under specific circumstances. A foreign divorce may be recognized if it was validly obtained abroad in accordance with the law of the country where it was granted. For Filipino citizens, recognition is generally limited to cases where the spouse is a foreigner, and the divorce allows the Filipino spouse to remarry; the divorce does not automatically dissolve the marriage under Philippine law unless the requirements under the Family Code of the Philippines (Executive Order No. 209, 1987), particularly Article 26, and relevant jurisprudence are met. The Filipino spouse must file a petition for recognition of the foreign divorce with a Philippine court, presenting the original or certified copy of the foreign divorce decree, a translation if necessary, and proof that the foreign divorce was validly obtained.

Religious divorces, such as those granted by church authorities or religious tribunals (e.g., Islamic talaq for Muslims), are recognized only insofar as they are consistent with the Constitution and statutory provisions, particularly Presidential Decree No. 1083 (Code of Muslim Personal Laws of the Philippines, 1977), which governs Muslim marriages and divorces. For non-Muslims, religious divorces have no legal effect in the Philippines and do not permit remarriage.

8.4 What kinds of experts will the court engage to assist it in deciding on what is best for the children (eg, designed social workers, clinical psychologists)?

In the Philippines, family courts may take into consideration the assessments, reports, expert opinions, and testimonies of licensed social workers and psychologists. Social workers from the Department of Social Welfare and Development (DSWD) or local social welfare offices typically conduct social case studies, home assessments, and child welfare evaluations, while licensed psychologists or clinical psychologists, usually engaged by the parties, may conduct psychological evaluations of the child and the parents.

The resulting reports, along with the expert testimonies, are presented to the court to aid in determining custody, visitation, and other matters concerning the child's best interests.

8.5 What requirements and restrictions apply to the removal of a child from the jurisdiction, both temporarily and permanently? What factors will the court consider in deciding on such a request?

In the Philippines, it is the Department of Social Welfare and Development (DSWD) which issues travel clearances for minors travelling outside of the Philippines. A Travel Clearance issued by the DSWD is required unless the minor is accompanied by a parent or guardian with lawful custody or authority over them. The Travel Clearance ensures that the child is not being removed for purposes of trafficking or exploitation and that custody and parental rights are respected.

To secure a Travel Clearance, applicants must submit documents such as the child's birth certificate, the parents' identification or legal custody documents, affidavits of support, and proof of financial capability of the traveling companion. Specific requirements apply depending on circumstances, including study, medical treatment, adoption, foster care, or participation in organized programs abroad. Certain minors are exempt, such as those traveling with parents, legal guardians, or adoptive parents with court-recognized custody.

8.6 What regime applies to the international abduction of children in your jurisdiction?

The Philippines adheres to the Hague Convention on the Civil Aspects of International Child Abduction (1980). The Hague Abduction Convention provides a procedure for the prompt return of children who have been wrongfully removed from, or retained outside, their country of habitual residence in breach of custody rights, on the premise that such removal is generally not in the child's best interest and should be corrected so that custody issues can be decided by the courts of the state of habitual residence.

The Supreme Court has also promulgated a specific Rule on International Child Abduction Cases (A.M. No. 22‑09‑15‑SC), which implements the Convention in Philippine courts and establishes expedited procedures for petitions for return, filing requirements, and related processes in the Regional Trial Courts acting as Family Courts. Under this regime, the petitioner is typically the "left‑behind parent" or other authorized person claiming that the child was wrongfully removed or retained in violation of custody rights, and the respondent is the "taking parent." The rule applies only where the Convention is in force between the Philippines and the other Contracting State concerned, and it aims to ensure that custody and access rights under the law of the child's habitual residence are respected and that the child is returned promptly to that jurisdiction, subject to certain limited exceptions.

9 Surrogacy and adoption

9.1 What laws and regulations govern surrogacy agreements in your jurisdiction? What specific considerations and concerns should be borne in mind in this regard?

There are no laws that govern or regulate surrogacy arrangements in the Philippines.

9.2 Are surrogacy arrangements legal in your jurisdiction?

There is no law in the Philippines that expressly prohibits or criminalizes surrogacy arrangements. However, it must be emphasized that there are likewise no laws that recognize, regulate, or provide a legal framework for surrogacy.

9.3 Are the commissioning parents recognised as legal parents in your jurisdiction and what do they need to do to establish a legal relationship with their children born through surrogacy arrangements?

There are no laws in the Philippines that regulate or recognize surrogacy arrangements. Under existing law, particularly the Family Code, maternity is determined by the fact of childbirth, and legal parentage follows the woman who gives birth to the child, while paternity is established in accordance with the rules on filiation.

9.4 What laws and regulations govern adoption in your jurisdiction? What specific considerations and concerns should be borne in mind in this regard?

In the Philippines, adoption is primarily governed by Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act of 2022, which streamlined the adoption process, transferring much of the procedure from the courts to administrative agencies such as the National Authority for Child Care (NACC). This law emphasizes that the best interest of the child must always be the guiding principle.

Prospective adoptive parents must meet certain requirements, including being at least 25 years old, of good moral character, emotionally and psychologically capable of caring for the child, and at least 16 years older than the child. Consent from an adoptee who is 10 years or older, biological parents or guardians, and the adopter's spouse, if married, is required, and all parties must undergo pre-adoption counseling. Adoption candidates must also submit documentary requirements, such as birth certificates, marriage documents, police clearances, medical and psychological evaluations, home study reports, and a child care plan.

The law prohibits any direct placement outside authorized channels to prevent illegal practices and trafficking, ensuring that the child's welfare, identity, and cultural background are respected. Once finalized, adoption confers full parental authority to the adoptive parents and grants the adoptee all rights and obligations of a legitimate child, including inheritance rights.

9.5 Do the regimes discussed in this question have equal application to same-sex couples? If not, please highlight the differences in treatment.

No. The adoption regime in the Philippines does not apply equally to same-sex couples. Under Republic Act No. 11642 and existing family laws, joint adoption is allowed only for spouses, and marriage under Philippine law is exclusively between a man and a woman. Since same-sex marriage is not recognized in the Philippines, same-sex couples cannot jointly adopt a child as spouses.

A member of a same-sex couple may adopt only in an individual capacity, provided all statutory qualifications are met. However, in such cases, only the adopting individual is legally recognized as the parent, and the other partner does not acquire parental authority or legal rights over the child.

10 Dispute resolution

10.1 What alternative dispute resolution (ADR) methods to resolve family law matters are available in your jurisdiction?

In our jurisdiction, family mediation is the primary mechanism to resolve disputes through a non-adversarial process. It is a process in which a mediator, functioning as an impartial third party, facilitates the resolution of family disputes and supports the parties' voluntary agreements.

10.2 What specific considerations and concerns should be borne in mind in relation to ADR of family matters in your jurisdiction?

Family mediation must be conducted in a way that is child-inclusive and upholds the best interests of the child and the family. Mediators ensure that any agreements reached are voluntary, fair, and compliant with law and public policy. Moreover, maintaining confidentiality of the proceedings is critical.

10.3 What specific considerations and concerns should be borne in mind where family law disputes involve foreign parties?

The jurisdiction of Philippine courts must be established. Mediators and courts must also consider conflicts of law, including differences in marital property regimes, custody rules, and support obligations in the parties' home countries. Agreements reached through mediation must comply with Philippine law and public policy, particularly regarding the protection of children's rights and welfare, as Philippine law prioritizes the best interests of the child over foreign legal arrangements.

11 Domestic violence

11.1 How can a party seek immediate assistance from the court in a domestic violence situation to protect himself or herself and the children, and what kinds of orders can the court make in this regard?

In the Philippines, a party who is a victim of domestic violence may seek immediate assistance in accordance with Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. Under this law, the victim may apply for a Barangay Protection Order (BPO), Temporary Protection Order (TPO), or Permanent Protection Order (PPO) to prevent further acts of violence and ensure safety. A BPO may be issued by the barangay to address immediate danger, while a TPO may be issued ex parte by the court on the day of filing or within twenty-four (24) hours, and a PPO may be issued after notice and hearing. The court may order, among others, the prohibition of the respondent from committing or threatening acts of violence, removal of the respondent from the residence, temporary or permanent custody of the children, support pendente lite, prohibition from contacting or approaching the victim or the children, and other reliefs necessary to protect the victim and her children.

11.2 Are there any differences in terms of the protection offered in a domestic violence situation between married and unmarried couples and their children?

No. Under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), the protection afforded in domestic violence situations does not depend on whether the parties are married or unmarried. What is material is the existence of a qualifying relationship between the victim and the offender, such as a current or former intimate relationship, dating relationship, sexual relationship, or a shared child, whether legitimate or illegitimate (RA 9262, Sec. 3).

Accordingly, women and their children are equally entitled to protection orders and other remedies under RA 9262 regardless of marital status, and the law applies to both married and non-married couples, as well as to their children.

11.3 How are these orders enforced and by whom?

In the Philippines, protection orders issued under Republic Act No. 9262 are immediately enforceable and are implemented through the coordinated action of law enforcement and local authorities. Law enforcement agencies, particularly the Philippine National Police (PNP), are primarily responsible for serving and enforcing Barangay Protection Orders, Temporary Protection Orders, and Permanent Protection Orders. Upon receipt of the order, the PNP is mandated to ensure compliance, provide immediate assistance and protection to the victim and her children, and effect the arrest of the respondent without a warrant in case of violation of the protection order, as such violation constitutes a separate criminal offense under the law.

Barangay officials assist in the implementation of Barangay Protection Orders and in monitoring compliance at the community level, while courts retain supervisory authority to modify, enforce, or cite the respondent in contempt for non-compliance.

11.4 How soon will the party's application be dealt with in these circumstances?

Under Republic Act No. 9262, applications for protection orders in domestic violence cases are addressed with urgency to ensure the immediate safety of the victim and the children. A Barangay Protection Order (BPO) may be issued on the same day of application by the barangay official. A Temporary Protection Order (TPO) may be issued ex parte by the court on the day the application is filed or within twenty-four (24) hours from filing, without the need for prior notice to the respondent. A Permanent Protection Order (PPO) is issued after notice and hearing, which the court is required to conduct promptly following the issuance of a TPO.

11.5 Does the court have inherent jurisdiction to make a child a ward of court?

Yes. In the Philippines, courts—particularly Family Courts—have jurisdiction to place a child under the protective custody when the child's welfare so requires.

In cases involving custody disputes, abuse, neglect, or domestic violence, the court may treat the child as a ward of court and issue appropriate orders to safeguard the child's best interests, including temporary custody arrangements, protective measures, and supervision by social welfare agencies.

The exercise of this power is guided by the best interests of the child principle and may be invoked motu proprio or upon application, whenever the circumstances warrant judicial intervention.

12 Trends and predictions

12.1 How would you describe the current family law landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

The current family law landscape in the Philippines remains largely governed by the Family Code of the Philippines (Executive Order No. 209), which regulates marriage, property relations, legal separation, annulment, parental authority, filiation, custody, and support. Divorce is generally not recognized, except for Muslim Filipinos under the Code of Muslim Personal Laws, and adoption is governed separately by RA 11642. Prevailing trends include efforts to modernize family law, improve access to annulment and legal separation, streamline recognition of foreign judgments, and strengthen child protection frameworks.

In the next 12 months, the principal anticipated developments relate to legislative reforms on absolute divorce. Bills and other measures in the 20th Congress seek to legalize divorce with specified grounds, reconciliation periods, and rules on custody, support, and property. Additional reforms under discussion include simplifying the recognition of foreign divorce decrees and making annulment proceedings more accessible and affordable. These proposals are being considered by both the House of Representatives and the Senate and, if approved, will require presidential assent to become law.

13 Tips and traps

13.1 What would be your recommendations for managing relationship breakdown as painlessly as possible in your jurisdiction and what potential pitfalls would you highlight?

To manage a relationship breakdown in the Philippines as smoothly as possible, parties should consider amicable settlement and alternative dispute resolution (ADR) methods, such as family mediation, before resorting to judicial proceedings. Early agreement on child custody, support, and property relations can reduce stress, legal costs, and delays. Consulting competent legal counsel to understand rights and obligations under the Family Code and related laws is essential, as is proper documentation of agreements for enforceability.

Potential pitfalls include prolonged litigation, which may exacerbate conflict and increase expenses; failure to comply with procedural requirements (e.g., residency for annulment or legal separation petitions); and inadequate attention to child welfare, which courts prioritize above parental preferences. Additionally, attempts at informal arrangements without proper legal guidance may invalidate agreements or fail to protect spouses and children from future disputes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.