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Divorce Demand Letter for Philippines

Divorce Demand Letter Template for Philippines

A formal legal document used in the Philippines to initiate proceedings for marital dissolution, noting that the Philippines generally does not recognize divorce except for Muslim citizens. The letter serves as a formal notice of intention to pursue legal separation, annulment, or declaration of nullity of marriage under Philippine law. It outlines the grounds for the action, specific demands, proposed arrangements for property division and child custody (if applicable), and provides a timeline for response before further legal action is taken. The document must comply with the Family Code of the Philippines and related legislation.

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What is a Divorce Demand Letter?

The Divorce Demand Letter serves as a crucial preliminary document in the Philippines' unique legal framework, where divorce is generally not recognized except for Muslim citizens under the Code of Muslim Personal Laws. This document formally initiates the process of seeking marital dissolution through available legal means such as annulment, legal separation, or declaration of nullity of marriage. The letter should be used when a spouse has decided to pursue legal action to end their marriage and wants to formally communicate their intentions and demands to their spouse. It typically includes details about the marriage, grounds for seeking dissolution, specific demands regarding property division and child custody, and proposed timelines for response. The document must carefully adhere to Philippine law, particularly the Family Code and related legislation, avoiding terms like "divorce" unless applicable under Muslim law. It serves as both a formal notice and potential evidence in subsequent legal proceedings.

What sections should be included in a Divorce Demand Letter?

1. Sender's Information: Complete name, address, and contact details of the party sending the demand letter

2. Date: Current date of the letter

3. Recipient's Information: Complete name and address of the spouse to whom the letter is addressed

4. Subject Line: Clear indication of the letter's purpose (e.g., 'Re: Demand for Legal Separation/Annulment')

5. Formal Salutation: Professional greeting to the recipient

6. Marriage Details: Information about the marriage including date and place of celebration

7. Grounds for Action: Clear statement of the legal grounds being invoked (e.g., psychological incapacity, legal separation grounds)

8. Specific Demands: Clear outline of what is being demanded, including timeline for response

9. Legal Consequences: Statement of intended legal action if demands are not met

10. Closing: Formal closing statement and signature block

What sections are optional to include in a Divorce Demand Letter?

1. Property Division Proposal: Include when there are significant marital assets to be divided

2. Child Custody Arrangements: Include when there are minor children involved

3. Support Arrangements: Include when seeking spousal or child support

4. Muslim Divorce Provisions: Include only when parties are Muslim Filipinos covered by the Code of Muslim Personal Laws

5. Settlement Proposal: Include when offering specific terms for an amicable settlement

6. Previous Attempts at Reconciliation: Include when there have been prior attempts to resolve marital issues

What schedules should be included in a Divorce Demand Letter?

1. Marriage Certificate: Copy of the marriage certificate as proof of marriage

2. Property Inventory: List of conjugal properties and their estimated values

3. Evidence Documentation: List of supporting documents that prove grounds for legal separation or annulment

4. Child Information: Details of minor children including birth certificates and current living arrangements

5. Financial Statement: Current financial status of both parties if relevant to support claims

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
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Relevant Industries

Legal Services

Family Law

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Client Services

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Relevant Roles

Family Law Attorney

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Paralegal

Court Clerk

Marriage Counselor

Social Worker

Religious Affairs Officer

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Family Court Judge

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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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