Legal Opinion Letter Sample

ABC Law Office Cebu City 26 September 2016 Mrs. Maria Rosas-Doe Fishers Island New York Re: Possible divorce proceedings between Filipina and American husband Dear Mrs. Doe, This is the legal opinion pertaining to the implication of you or your husband obtaining a possible divorce in the United States which you have requested. The following are the facts presented as per our discussion. You and your husband Mr. John Doe were married in the United States and have lived together for ten (10) years. Your relationship has deteriorated and now, you are considering on a possible divorce in the United States. As far as Philippine law is concerned, as a general rule, absolute divorce obtained by a Filipino spouse abroad is not recognized as valid here because we adhere to the nationality theory under Article 15 of the Civil Code. 1 When it pertains to family rights and duties, status, conditions and legal capacity, as a Filipino, you are governed by your national laws wherever you may go. This is true even if your spouse, Mr. Doe, is not a Filipino. If the divorce was obtained by your American husband, capacitating him to remarry, the same may be recognized as valid in the Philippines as well, capacitating you to remarry. It is provided in par 2, Art. 26 of the Family Code: 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 have capacity to remarry under Philippine law. (As amended by Executive Order 227) However, for the foregoing rule to apply, it is important that it is your husband who has filed the divorce and that after it is granted, he must be capacitated to remarry again according to his national law. After it is granted, you may have the divorce recognized by filing a petition of recognition of 1 Monteclar, Dean Alex. Compendium On The Law On Persons And Family Relations. Manila: Rex Bookstore.

foreign divorce with the proper court in the Philippines. After the court grants the petition and your certificate of marriage is cancelled, you may then remarry. We recommend that you discuss first with your husband the filing of the divorce proceedings at his instance. If your husband consents and obtains the divorce, you may then file a petition for recognition of foreign divorce in the Philippines. Sincerely, Nissah Grace Cape