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DIVORCE AND PROPERTY.How is the property of the couple divided when divorce decree is granted?

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lakan_309


Arresto Menor
The title of my topic is pretty much my question already. I have some follow up questions though.

1)When the divorce decree( as per article 26 of the civil code) is granted how is the property of the couple divided?

2)Will the property regime that they have agreed upon be the basis of the liquidation of their property?

3)Since there is a need for the Filipino spouse to file an action in court for the divorce decree to be recognized by our own courts, will it pass upon the question of how their property be divided? Is the recognition really just for purposes of remarriage?

4)Is there some other action needed to be filed to settle the problem of the division of the property?

Sorry for asking so many questions at the same time. I hope someone could help me.
Thanks.

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lOst_StuDent


Prision Correccional
1 and 2. The property regime agreed upon prior to the marriage is the basis for liquidation. Absent an agreement or when it is void, the property regime set by law. Absolute community after the effectivity of the Family Code. conjugal partnership of gains before the Family Code.

3 and 4. The court may pass upon the liquidation of the property regime in the action to recognize the divorce decree.

Of course the divorce should have been initiated by the foreign spouse. Otherwise, the remedies won't be available to the Filipino spouse.

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lakan_309


Arresto Menor
Thank you for your help lOst_StuDent.

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