Divorce bill to look after kids, spouses
THE absolute divorce bill approved by the House of Representatives mandates child support for children of divorced parents and provides alimony to offended spouses, its principal author, Albay Rep. Edcel Lagman, told The Manila Times Thursday.
House Bill (HB) 9349, the proposed Absolute Divorce Act, hurdled the third and final reading at the House on May 22 and has been transmitted to the Senate, where conservative senators said it was in for rough sailing.
The Philippines is the only country in the world outside the Vatican that does not have a divorce law.
Albay Rep. Edcel Lagman PHOTO BY RENE H. DILAN«In our proposal, alimony is for three years while the offended spouse has not secured a decent job or has not remarried,» Lagman told The Times' live streaming program «PrimeTimes with Atty. Lia.»
The bill defines alimony as «spousal support adjudged in the divorce decree by the family court» in favor of the offended spouse against the offending spouse.
The three-year period would start from the finality of the divorce decree. This period may be extended by the court if the offended spouse entitled to support is a senior citizen, a person with disability, or has limited educational attainment.
Advertisement«Unless otherwise agreed upon in a marriage settlement executed before the celebration of the marriage, the conjugal partnership of gains or the absolute community shall be dissolved and liquidated and the assets shall be equally divided between the spouses excluding the… exclusive properties of either spouse, in accordance with the Family Code of the Philippines,» the bill reads.
«We are continuing the parental relation between the divorced parents and their children,» Lagman continued.
He said primary custody would be given to the innocent spouse.
The bill states that custody of minor children, and visitation rights of the party not granted primary custody, shall be decided by the proper family court «in accordance with the best interests of the children, subject to the provisions of Article 213 of the Family Code of the Philippines.»
AdvertisementHowever, children under 7 years old must remain with their mother unless the court funds «compelling reasons to
