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The United States would take over the Philippines after the conclusion of the Spanish–American War. During this period Act No. 2710, or the Divorce Law, became law on March 11, 1917. The legislation provided for divorce a vinculo matrimonii or absolute divorce. Divorce permissibility was fault-based, with the following prerequisite. [7]
To most of the Filipino population, annulment is the only legal recourse to dissolve marital unions. Muslims who married under Islamic rites can divorce. The annulment process and prerequisite under Philippine civil law are defined under the Family Code of the Philippines. [28]
divorce on the ground that the marriage has been strongly impaired due to reasons that can be imputed either to the defendant or both spouses, making the continuation of the marriage unbearable for the petitioner; divorce on the ground of separation of 2 years (Article 14 of Law 3719/2008 reduced the separation period from 4 years to 2 years [130])
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The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments .
Furthermore, finding that a party to the marital union is homosexual is a ground for annulment of the marriage and legal separation in the Philippines, which leads to the severance of the homosexual individual's spousal inheritance, claims to any conjugal property, and the custody of offspring. [17]