Family Code of the Philippines

Last Updated: July 14, 2026

The Family Code of the Philippines (Executive Order No. 209, effective August 3, 1988) is the primary law governing marriage, family relations, property between spouses, parental authority, custody, adoption, and support in the Philippines. This guide breaks it down in plain English for Filipinos here and abroad who need a practical starting point before speaking with a lawyer.

What Is the Family Code of the Philippines?

The Family Code is a codified law signed by President Corazon C. Aquino that replaced the family relations provisions of the old Civil Code of 1950. It has 257 articles organized into titles covering marriage, legal separation, property relations, the family, paternity and filiation, adoption, support, parental authority, and emancipation. It has been amended over the years — most notably by Republic Act No. 10906 (Anti-Mail Order Spouse Act) and by rulings of the Supreme Court that reinterpret Article 26 (foreign divorce recognition) and Article 36 (psychological incapacity).

Marriage Under the Family Code

Essential Requisites (Article 2)

• Legal capacity of the contracting parties (a man and a woman, both at least 18 years old); and
• Consent freely given in the presence of the solemnizing officer.

Formal Requisites (Article 3)

• Authority of the solemnizing officer;
• A valid marriage license (except in cases exempted by law); and
• A marriage ceremony with the personal appearance of both parties before the solemnizing officer and at least two witnesses of legal age.

Absence of any essential or formal requisite generally makes the marriage void ab initio. A defect in an essential requisite (e.g., vitiated consent) makes it voidable.

Marriages Exempt from a License

Articles 27–34 recognize a limited set of marriages that need no license — articulo mortismarriages, marriages in remote places, Muslim and ethnic customary marriages, and cohabiting couples who have lived together as husband and wife for at least five years without any legal impediment.

Void and Voidable Marriages

Void Marriages (Articles 35, 36, 37, 38, 40, 41, 44, 53)

• Underage marriages (below 18), even with parental consent;
• Marriages solemnized by an unauthorized officer, unless one party believed in good faith he had authority;
• Marriages contracted without a valid license (with limited exceptions);
• Bigamous or polygamous marriages;
• Mistaken-identity marriages;
• Subsequent marriages without complying with Article 52 (recording of judgment, partition, and delivery of presumptive legitimes);
• Psychological incapacity under Article 36; and
• Incestuous and other marriages against public policy (Articles 37–38).

Voidable Marriages (Article 45)

Grounds include: lack of parental consent (18–21), unsound mind, fraud, force, intimidation, undue influence, and physical incapacity or sexually transmissible disease existing at the time of marriage and appearing incurable.

Annulment vs. Declaration of Nullity vs. Legal Separation

• Declaration of nullity — for marriages that were void from the start (e.g., Article 36).
• Annulment — for voidable marriages under Article 45; the marriage was valid until annulled.
• Legal separation — the spouses remain married but live separately and separate their properties; grounds include repeated physical violence, drug addiction, infidelity, abandonment, and others under Article 55.

For a step-by-step process, costs, and timeline, see our complete guide to annulment in the Philippines.

Property Relations Between Spouses

The Family Code recognizes three property regimes. If the spouses do not sign a marriage settlement (pre-nuptial agreement) before the wedding, the default depends on when they married:

• Absolute Community of Property (Articles 88–104) — the default for marriages on or after August 3, 1988. All property owned before the marriage and acquired during it forms one common mass, with limited exclusions (property acquired by gratuitous title, personal use items, and property acquired before marriage by a spouse with descendants from a prior union).
• Conjugal Partnership of Gains (Articles 105–133) — the default for marriages before August 3, 1988. Each spouse keeps their exclusive property; only the fruits, income, and acquisitions during the marriage are shared.
• Complete Separation of Property (Articles 143–146) — allowed only by a valid marriage settlement or by court order (e.g., judicial separation of property under Article 135).

Property acquired during a void marriage or by a couple living together without the benefit of marriage is governed by Articles 147 and 148 — a co-ownership regime with different rules depending on whether the parties had capacity to marry each other.

The Family and the Family Home

Articles 149–162 define the family and protect the family home — the dwelling the family actually resides in, together with the land on which it stands. From the time it is constituted (automatically, from the time of actual occupation as a family residence), the family home is generally exempt from execution, forced sale, or attachment, subject to statutory value limits and exceptions (e.g., non-payment of taxes, debts incurred before its constitution, or debts secured by mortgage on the home itself).

Paternity, Filiation, and Legitimacy

• Legitimate children — conceived or born during a valid marriage (Article 164).
• Illegitimate children — conceived and born outside a valid marriage; entitled to support and to use the mother's surname (or the father's under RA 9255 if acknowledged).
• Legitimation by subsequent marriage (Articles 177–182) — children born to parents who at the time of conception were not disqualified to marry each other can be legitimated when the parents later marry.

Adoption

The Family Code provisions on adoption have been largely superseded by RA 8552(Domestic Adoption Act), RA 8043 (Inter-Country Adoption Act), and RA 11642 (Domestic Administrative Adoption and Alternative Child Care Act, 2022), which shifted domestic adoption from a judicial to an administrative process before the National Authority for Child Care (NACC).

Support

Articles 194–208 define support to include everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation — in keeping with the financial capacity of the family. Spouses, legitimate and illegitimate children, parents, and (in a limited order) brothers and sisters are obliged to support each other. The amount is proportionate to the resources of the giver and the needs of the recipient and can be adjusted as circumstances change.

Parental Authority and Custody

• Parental authority (patria potestas) is jointly exercised by the father and mother over their unemancipated children (Article 211).
• For children under seven years old, custody is generally awarded to the mother (Article 213) unless there are compelling reasons otherwise.
• Illegitimate children are under the sole parental authority of the mother (Article 176, as amended by RA 9255).
• The court is guided by the best interests of the child in every custody, visitation, or support dispute.

Foreign Divorce and Overseas Filipinos (Article 26)

Article 26, paragraph 2 provides that where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise be capacitated to remarry. In Republic v. Manalo (G.R. No. 221029, April 24, 2018), the Supreme Court clarified that the divorce may be obtained by either spouse — including the Filipino one. A Philippine court action for judicial recognition of the foreign divorceis still required before the divorce can be annotated on the Philippine civil registry and the Filipino spouse can legally remarry here. This is a common concern for OFWs and Filipinos who naturalized abroad.

Frequently Asked Questions

Is there absolute divorce in the Philippines?

Not yet. As of 2026, Philippine law recognizes only annulment, declaration of nullity, legal separation, and the judicial recognition of a foreign divorce under Article 26(2). A divorce bill has passed the House of Representatives but has not become law.

Can we sign a prenuptial agreement in the Philippines?

Yes. Under Articles 74–81, future spouses can execute a marriage settlement in a public instrument signed before the celebration of the marriage, choosing conjugal partnership of gains, complete separation of property, or any other regime not contrary to law. It must be registered with the local civil registry and the proper registries of property to bind third persons.

How is property divided when a marriage is declared void?

It depends on the ground and the applicable regime. Void marriages under Article 36 (psychological incapacity) and Article 40 are liquidated under Articles 50–51, similar to annulment. Void marriages generally not covered by those articles fall under the co-ownership rules of Article 147 or 148.

Does the Family Code apply to Muslim Filipinos?

The Family Code applies suppletorily. Marriage, divorce, and family relations of Muslim Filipinos are primarily governed by Presidential Decree No. 1083 (Code of Muslim Personal Laws) administered through the Shari'a courts.

When to Talk to a Family Lawyer

The Family Code is technical, and each remedy — nullity, annulment, legal separation, custody, support, or recognition of a foreign divorce — has strict procedural and evidentiary rules. Speak with a lawyer before you sign any settlement, file any petition, or move abroad with a child.

Related Reading

• Family Law practice area
• Annulment in the Philippines: Complete Guide
• About Atty. Yvette A. Hipolito-Samper