One of the highlights of the proposed ‘Divorce Law’ in the Philippines is the mandatory six-month cooling-off period after a petition is filed for divorce. Under section 7, this step is deemed necessary before the competent court may start the trial.
The proposed law states that during this time, the court is also expected to exert all efforts to reunite and reconcile the parties.
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Atty. Salvador Panelo explained that there are only a few instances when the ‘cool off’ period will not be applicable. These cases include:
1. Summary judicial proceedings;
2. Sexual infidelity under Section 5(i)
3. Attempt against the life of a common child or a child of the petitioner under Section 5(f);
4. Attempt by the respondent against the life of the petitioner under Section 5(i)(9); or,
5. Those which involve acts of violence against women and their children under Section 5 of Republic Act 9262.
Highlighting about the Section 8 of the law, which refers to reconciliation, Panelo said the petition for dissolution shall be dismissed upon showing that parties reconciled in a verified joint motion filed by the parties.
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Upon the finality of the dissolution of marriage under Section 13:
(a) The marriage between the husband and wife is dissolved capacitating them to contract marriage;
(b) The children of the parties shall be considered legitimate;
(c) The judgment shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the children, and the delivery of third presumptive legitimes pursuant to Articles 50 and 51 of the Family Code of the Philippines, unless such matters had been adjudicated in previous judicial proceedings; and
(d) In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129 of the Family Code of the Philippines;
