Family Law

What this area covers

Family law governs marriage and the relationships, property, and obligations that arise from it — including how a marriage may be brought to an end and how children are provided for afterward. In the Philippines these matters are governed principally by the Family Code (Executive Order No. 209) and are heard by the Regional Trial Court designated as a Family Court.

We assist individuals and families through the full course of a family-law matter, from an initial assessment of whether a case exists to representation through to its resolution.

Matters we handle

• Declaration of nullity and annulment of marriage

• Legal separation

• Child custody and support

• Property relations between spouses

• Estate, succession, and inheritance

How these matters typically proceed

A petition for declaration of nullity asks the court to declare that a marriage was void from the beginning, while annulment concerns a marriage that was valid until set aside by the court. Both are addressed under Articles 35 to 45 of the Family Code and are filed with the Family Court of the province or city where the petitioner or respondent has resided for at least six months.

Proceedings generally involve a verified petition, the participation of the Office of the Solicitor General to guard against collusion, the presentation of evidence, and a decision that, once final, is annotated on the parties' civil registry records. Custody and support may be addressed within the same case or separately, always with the welfare of the child as the paramount consideration.

Related areas

Family-law matters often touch on Civil Law and Real Estate Law, particularly where property and succession are involved.