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Voluntary Divorce Agreement for Philippines

Voluntary Divorce Agreement Template for Philippines

A comprehensive legal agreement document used in the Philippines to formalize the terms of legal separation between married couples, as absolute divorce is not recognized under Philippine law. This document outlines the agreed-upon terms regarding property division, financial arrangements, living situations, and if applicable, child custody and support arrangements. While called a Voluntary Divorce Agreement, it functions as a legal separation agreement that does not dissolve the marriage bond but establishes legally binding terms for the couple's separation under the Family Code of the Philippines.

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What is a Voluntary Divorce Agreement?

The Voluntary Divorce Agreement, while maintaining this title for document management purposes, actually functions as a legal separation agreement in the Philippines, where absolute divorce is not legally recognized (except for Filipino Muslims under the Code of Muslim Personal Laws). This document is used when married couples voluntarily agree to live separately while remaining legally married under Philippine law. It is particularly relevant when both parties wish to formalize their separation arrangements through a legally binding agreement. The document typically includes comprehensive provisions for property division, financial support, living arrangements, and child custody (if applicable), all in compliance with the Family Code of the Philippines. It serves as a crucial tool for couples seeking to establish clear, legally-enforceable terms for their separation while acknowledging the limitations of Philippine family law regarding marriage dissolution.

What sections should be included in a Voluntary Divorce Agreement?

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, including date and place of marriage, and the general circumstances leading to the separation

3. Definitions: Key terms used throughout the agreement and their specific meanings

4. Legal Framework: Acknowledgment that this is a legal separation agreement under Philippine law, not a divorce

5. Effective Date: The date when the separation agreement becomes effective

6. Living Arrangements: Terms regarding separate living arrangements and physical separation

7. Property Division: Division of community property and conjugal assets as per Article 129 of the Family Code

8. Financial Arrangements: Details of financial responsibilities, support payments, and division of debts

9. Tax Matters: Agreement on filing of tax returns and tax-related obligations

10. Confidentiality: Terms regarding privacy and confidentiality of the agreement and personal matters

11. Dispute Resolution: Process for resolving future disputes regarding the agreement terms

12. Governing Law: Confirmation that the agreement is governed by Philippine law

13. Modification: Procedures for modifying the agreement in the future

14. Execution: Signature requirements and witnessing provisions

What sections are optional to include in a Voluntary Divorce Agreement?

1. Child Custody and Support: Required if the couple has minor children, detailing custody arrangements, visitation rights, and support obligations

2. Business Interests: Required if either party owns business interests that need to be addressed in the separation

3. Spousal Support: Optional section detailing any agreed-upon spousal support arrangements

4. Insurance Provisions: Required if there are insurance policies that need to be maintained or modified

5. Religious Observance: Optional section addressing religious aspects of the separation, particularly relevant in the Philippine context

6. Medical Care: Optional section addressing ongoing medical care responsibilities and health insurance

7. Educational Provisions: Required if there are children whose educational expenses need to be addressed

8. Reconciliation Terms: Optional section outlining the process if the parties choose to reconcile in the future

What schedules should be included in a Voluntary Divorce Agreement?

1. Schedule A - Property Inventory: Detailed list of all community property and separate property

2. Schedule B - Division of Assets: Specific allocation of assets between the parties

3. Schedule C - Financial Obligations: List of all debts and financial obligations and their allocation

4. Schedule D - Child Care Schedule: Detailed visitation and custody schedule if children are involved

5. Schedule E - Support Payment Schedule: Payment schedules for any agreed-upon support arrangements

6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

7. Appendix 2 - Property Documents: Copies of property titles, deeds, and other relevant documentation

8. Appendix 3 - Financial Statements: Current financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Legal Services

Family Law

Alternative Dispute Resolution

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Financial Services

Real Estate

Insurance

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Litigation

Document Processing

Family Law

Alternative Dispute Resolution

Court Administration

Social Services

Client Relations

Compliance

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Relevant Roles

Family Law Attorney

Legal Counsel

Paralegal

Mediator

Court Clerk

Judge

Legal Document Specialist

Family Court Administrator

Social Worker

Financial Advisor

Marriage Counselor

Property Assessor

Notary Public

Legal Secretary

Family Law Partner

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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