Updated for the Family Code and related special laws as of 2024. This is a practical overview for litigators, counsel, and parties. It is not a substitute for tailored legal advice.

1) Core Sources of Law & Courts

Primary statutes & rules

Family Code of the Philippines (Executive Order No. 209, as amended).
Special laws: Anti-Violence Against Women and Their Children (RA 9262); Domestic Administrative Adoption and Alternative Child Care Act (RA 11642); Inter-Country Adoption Act (as amended); Solo Parents’ Welfare Act (as amended); Anti–Mail-Order Spouse Act; Anti–Child Marriage Act (RA 11596); Revised Penal Code (for bigamy and related felonies); Rule on DNA Evidence (A.M. No. 06-11-5-SC); Katarungang Pambarangay (Local Government Code); Civil Code (suppletory).
Supreme Court special rules:
- A.M. No. 02-11-10-SC (Declaration of Absolute Nullity of Void Marriages/Annulment of Voidable Marriages)
- A.M. No. 02-11-12-SC (Legal Separation)
- A.M. No. 02-11-11-SC (Provisional Orders)
- A.M. No. 03-04-04-SC (Custody of Minors and Writ of Habeas Corpus)
- A.M. No. 03-02-05-SC (Guardianship of Minors)
Family Courts Act (RA 8369): exclusive original jurisdiction of Family Courts; where no Family Court exists, RTCs sit as such.

No absolute divorce (general rule). As of 2024, the Philippines has no general divorce for non-Muslims. Reliefs are declaration of nullity, annulment, and legal separation. For Muslims, P.D. 1083 (Code of Muslim Personal Laws) allows divorce (talaq, khulʿ, tafwid, faskh) in Shari’a Courts.

2) Marriage: Validity, Nullity, Annulment, Legal Separation

A. Void (Null) Marriages (Family Code Arts. 35–37, 38, 40–41, 52–53)

Common grounds:

Lack of essential/formal requisites (e.g., no license, no authority of solemnizing officer and no good-faith belief, absence of consent).
Psychological incapacity (Art. 36): a legal concept; must show grave, antecedent, and incurable personality-based incapacity rendering a spouse unable to assume essential marital obligations. (Expert testimony is helpful but not indispensable; focus is on incapacity, not mere difficulty.)
Incestuous (Art. 37) and void by public policy (Art. 38) marriages.
Bigamy/prior existing marriage (Art. 40; criminal liability is distinct).
Presumptive death marriage (Art. 41) absent the strict statutory requisites.
Non-compliance with Art. 52–53 (no recording of judgment and liquidation before remarriage).

Effect: marriage is void ab initio; action is imprescriptible. Children may be legitimated only as provided by law; otherwise “illegitimate/ nonmarital” rules apply (see filiation/support).

B. Voidable (Annullable) Marriages (Art. 45)

Grounds & prescriptive periods:

Lack of parental consent (when required): within 5 years from attaining age 21.
Insanity: by sane spouse or relative; before death of either.
Fraud/force, intimidation, undue influence: within 5 years from discovery/cessation.
Impotence/serious, incurable STD: within 5 years from marriage. Effect: valid until annulled; children conceived before decree remain legitimate.

C. Legal Separation (Arts. 55–67; A.M. No. 02-11-12-SC)

Grounds include repeated physical violence, drug addiction, sexual infidelity, bigamy, etc. No remarriage allowed. Effects: separation from bed and board; dissolution of property regime; custody/support orders; disqualification from inheriting as spouse (Art. 63).

3) Typical Family-Court Petitions & Flow

A. Declaration of Nullity / Annulment

Where filed: Family Court of the province/city where either party resides. Key pleadings: Verified petition; detailed statement of facts; attached civil registry documents. Process highlights (A.M. No. 02-11-10-SC):

Filing & raffle → Prosecutor & OSG participate (to guard against collusion/simulation).
Summons/Answer; Pre-trial (mandatory JDR/CAM for compromiseable issues—support, custody, property; status itself is not compromiseable).
Trial: petitioner’s evidence; state’s cross; respondent’s evidence.
Decision; if granted → Entry of Judgment.
Civil Registry compliance (Arts. 52–53): record the decree, liquidate property, deliver presumptive legitimes to common children, and annotate records before any remarriage. Provisional reliefs (A.M. No. 02-11-11-SC): support pendente lite, custody, visitation, hold departure order (HDO), protection orders, use of family home, injunctions.

B. Legal Separation

Where filed: Family Court where petitioner resides. Key steps: Verified petition → summons → mandatory cooling-off (6 months, unless violence) → trial → decree. Property regime is dissolved and liquidated; no remarriage.

C. Recognition of Foreign Judgment

Foreign divorce obtained by the foreign spouse that capacitates that spouse to remarry may be recognized in the Philippines upon proper petition, by proving (a) the foreign judgment and (b) the foreign law under which it was granted (both properly authenticated), plus due process to the adverse party.
Foreign nullity, adoption, custody, or support judgments may likewise be recognized/enforced via Rule on Foreign Judgments practice (proof of judgment and applicable foreign law; may proceed as a special civil action or as an incident in a case).
Annotation with the civil registry follows upon recognition.

Practice tip: Always plead and prove the foreign law (hearsay-rule exceptions; official publication/certification), not just the decree.

4) Children: Filiation, Custody, Support, Adoption, Name & Civil Registry

A. Filiation & Legitimacy

Legitimate: conceived/born during valid marriage (or within 300 days of its dissolution), including in some void marriage scenarios where the law preserves legitimacy.
Illegitimate (nonmarital): not meeting legitimacy rules.
Proof: record of birth; admission of paternity; DNA evidence admissible and persuasive under the Rule on DNA Evidence.
Surname of nonmarital children: may use father’s surname upon acknowledgment in accordance with RA 9255 (with civil registry compliance).

B. Custody & Parental Authority

Tender-years doctrine: children under 7 generally with the mother, unless unfit.
Best interests of the child governs; courts can order guardian ad litem, social worker reports, and child-sensitive proceedings.
Remedies: Petition under A.M. No. 03-04-04-SC or habeas corpus; HDOs; supervised visitation; parenting plans; injunctions against child removal.

C. Support (Arts. 194–208)

Who owes: spouses, parents/children, ascendants/descendants, siblings (subject to ability/need).
Scope: sustenance, dwelling, clothing, medical care, education, transport—in proportion to resources/needs.
Enforcement: independent action; support pendente lite by motion; payroll garnishment; contempt for willful non-compliance.

D. Adoption & Alternative Child Care

Domestic adoption is now primarily administrative under RA 11642, handled by the National Authority for Child Care (NACC). Judicial adoption remains in defined scenarios. Inter-country adoption proceeds under NACC with international safeguards.
Key standards: best interests; matching; required consents; supervised trial custody; finalization and civil registry annotation.

E. Civil Registry Corrections & Name Changes

Clerical/typographical errors, first name/nickname changes (RA 9048) and day/month of birth or sex if clearly clerical (RA 10172) are administrative (Local Civil Registrar/PSA).
Substantial changes (e.g., surname, citizenship, legitimacy) require judicial petitions (Rules 103/108), with publication and notice.

5) Property Relations, Support Between Spouses, Family Home

A. Property Regimes (by default and by contract)

Default for marriages after Aug 3, 1988: Absolute Community of Property (ACP), unless there is a valid marriage settlement choosing Conjugal Partnership of Gains (CPG) or Separation of Property.
ACP: all property owned/ acquired before/ during marriage (with exclusions) is common.
CPG: spouses keep exclusive properties; gains and profits during marriage are conjugal.
Separation: each keeps ownership/administration; may be total or partial.

B. Dissolution & Liquidation

Occurs upon nullity, annulment, legal separation, death, or judicial separation of property. Requires inventory, payment of obligations, delivery of presumptive legitimes to common children, and partition with annotations—prerequisites to remarriage (Arts. 52–53).

C. Family Home

Constituted by law from occupancy; exempt from execution except for specified debts (purchase price, taxes, improvements, labor/materials, or debts prior to its constitution). Limits on value apply by locale.

6) Violence in the Home & Related Protections

A. Anti-VAWC (RA 9262)

Who protected: women and their children (whether legitimate, illegitimate, within or outside marriage), dating relationships, common-law relations.
Acts: physical, sexual, psychological, and economic abuse.
Protection Orders:
- BPO (Barangay): 15 days, issued by Punong Barangay immediately.
- TPO (court): ex parte, within 24 hours, 30 days unless extended.
- PPO: after notice/hearing, with broader, long-term relief.
Reliefs: custody, support, residence removal, stay-away orders, firearm surrender, restitution, damages, counseling mandates.
No barangay conciliation prerequisite for protection orders or criminal cases under RA 9262.

B. Child Protection

Anti-Child Marriage (RA 11596), Anti-Child Abuse (RA 7610), Anti-Trafficking, Special Protection of Children in Situations of Armed Conflict; mandatory reporting duties for certain professionals.

7) Barangay Conciliation vs. Direct Filing

Katarungang Pambarangay generally requires prior conciliation for disputes between individuals residing in the same city/municipality except:

Cases where immediate court action is necessary (e.g., protection orders, habeas corpus, provisional relief).
When parties reside in different cities/municipalities; government is a party; or matters are non-compromiseable (status, validity of marriage, legal separation, etc.). Tip: Even when conciliation applies, interim protection may be sought from courts.

8) Evidence & Procedure Essentials

Civil registry documents, medical records, police/blotter entries, photos, electronic evidence (Rules on E-Evidence), expert testimony, social worker reports, child-sensitive in-camera testimonies.
DNA: admissible; courts may compel DNA testing upon a showing of relevance and integrity of chain of custody.
Foreign law & judgments: must be alleged and proven (official publications/certifications; testimony of expert on foreign law when needed).
CAM/JDR: encouraged for custody, visitation, support, and property division; not for status itself.
Appeals: Decisions of Family Courts go to the Court of Appeals (Rule 41/42); pure questions of law to the Supreme Court (Rule 45).

9) Muslim Personal Laws (P.D. 1083) — Snapshot

Jurisdiction: Shari’a Circuit/District Courts for Muslims.
Marriage: special requisites; dower (mahr); polygyny subject to strict conditions.
Divorce modes: talaq, khulʿ, tafwid, faskh, liʿan, etc., each with procedural and waiting-period requirements.
Custody (hizanat), support (nafaqah), inheritance: governed by Islamic legal principles codified in P.D. 1083.

10) Common Scenarios & Playbooks

A. “We’ve separated; what can I file?”

If violence/abuse: file VAWC case and seek TPO/PPO immediately; request custody/support orders.
If no violence but marriage is broken: assess nullity vs. annulment vs. legal separation; secure documents; consider provisional support and HDO to prevent child removal.

B. “My foreign spouse divorced me abroad.”

File petition to recognize foreign divorce; attach authenticated decree and proof of the foreign law that capacitated the foreign spouse to remarry; serve the OSG; upon recognition, annotate PSA records.

C. “Unpaid child support.”

File civil action for support (or motion for support pendente lite in a pending case); seek income withholding, contempt, and asset discovery.

D. “Changing a child’s surname.”

If nonmarital and father acknowledged per RA 9255, process via the Local Civil Registrar; otherwise consider Rule 103/108 judicial change with best-interests showing.

E. “Adopt our kin.”

For domestic adoption, proceed administratively with NACC: assessment, matching (if applicable), trial custody, finalization/registration; for inter-country, NACC channels with the receiving state’s central authority.

11) Remedies Map (At a Glance)

Issue	Primary Remedy	Key Notes
Void marriage	Declaration of Nullity	Imprescriptible; Art. 52–53 compliance for remarriage
Voidable marriage	Annulment	Prescriptive periods; legitimacy of children preserved
Marital breakdown without grounds for nullity/annulment	Legal Separation	No remarriage; property liquidation; disqualifications
Domestic abuse	BPO/TPO/PPO; criminal RA 9262	Swift, ex parte relief; includes custody/support
Child custody/abduction	Custody Petition / Habeas Corpus	Best interests test; HDO; supervised visitation
Unpaid support	Action for Support / Pendente Lite	Proportional; enforce via income garnishment
Foreign divorce	Recognition	Prove foreign law and decree; annotate PSA
Adoption	Administrative (NACC)	Best interests; trial custody; finalization
Name/record errors	RA 9048/10172 admin or Rule 103/108	Administrative for clerical; judicial for substantial

12) Practical Checklists

Before filing status cases (nullity/annulment/legal separation):

PSA copies (marriage, children’s birth), IDs, proof of residence/venue.
Evidence supporting grounds (medical/psych reports, communications, financials).
Draft provisional relief motions (support, custody, HDO, exclusive use of home).
Property inventory; pay slips/tax returns for support metrics.

At judgment:

Track entry of judgment; secure certified copies.
Complete liquidation, delivery of presumptive legitimes, and PSA annotations before remarriage.

For VAWC: bring IDs, incident details, witnesses, photos/medical certificates, police blotter, children’s school/medical IDs; request immediate TPO.

For recognition of foreign divorce: apostilled/consularized decree and foreign statute/jurisprudence; certified translations if not in English/Filipino.

13) Ethical & Strategic Notes

Status is non-compromiseable; negotiate custody, support, property instead.
Child’s voice: ensure child-sensitive procedures; consider in-chambers interview.
Electronic evidence hygiene: preserve metadata; avoid spoliation.
Forum & venue: pick the court of residence strategically; consider docket load and local practice.
Tax and immigration consequences**: property transfers, remittances, remarriage abroad—coordinate cross-border compliance.

14) Key Timelines (Indicative)

BPO: same day; TPO: within 24 hours from filing; valid 30 days (extendable).
Nullity/Annulment: months to years depending on congestion/evidence; no publication requirement under A.M. 02-11-10-SC, but registry annotations are mandatory after finality.
Recognition of foreign judgment: often faster than full-blown nullity; depends on proof of foreign law.
Administrative adoption/civil registry corrections: typically faster than judicial, subject to NACC/LCR timelines.

15) Frequently Overlooked Traps

Skipping Art. 52–53 steps before remarriage → subsequent marriage void.
Assuming barangay conciliation is required for VAWC/custody/status → it’s not.
Failing to prove foreign law → dismissal of recognition petition.
Confusing legal separation with divorce → legal separation does not permit remarriage.
Under-documented support claims → submit budgets & receipts, not just estimates.

Final Note

Family cases are fact-intensive and remedy-specific. The fastest wins often come from early provisional relief, clean evidence, and strict compliance with registry and liquidation steps that affect remarriage and property outcomes.