Parts of a Legal Opinion Letter

A. Heading and Introduction

ABC Law Office

Unit 5 Apartment 3 Claveria Business Building
Recto Street, 8000 Davao City
Office Tel. (082) 221.2410
Fax No. (082) 221.2412
Email Address: abc.law.office@gmail.com

August 13, 2018

Ms. Anastasia DeLuna

123 Unit 5 Camella Homes V
JP Laurel Street, 8000 Davao City

RE: Possible divorce proceedings between a Filipina wife and Dutch husband

Dear Ms. DeLuna:

You requested our legal opinion regarding a possible divorce between you and your Dutch
husband.

B. Issue and Brief Answer

You asked about the implications of your or your husband getting a divorce in Netherlands as
far as Philippine laws are concerned.

A divorce obtained abroad (e.g., Netherlands) upon the initiative of the Filipina wife cannot be
recognized in the Philippines. A Filipina is governed by Philippine laws relative to her marital status
whether she is in the Philippines or abroad. However, if the Filipina’s alien husband files a divorce in
his country, the Netherlands, the same may be recognized as valid in the Philippines, entitling the
Filipina wife, in this case, you, to remarriage. This presupposes that absolute divorce is allowed under
Dutch laws.

C. Statement of Facts and Discussion

In your letter, you stated “irreconcilable differences” as your ground for divorce in the
Netherlands. Furthermore, you stated that for four years now, you and your husband disagreed on all
matters about your family life and that your marriage has become a “hell” and a “nightmare” with your
husband seemingly “enjoying” to see you suffer.

The Family Code of the Philippines is explicit: “Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and divorce is thereafter obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipina spouse shall have the capacity to marry under
Philippine laws.”

D. Conclusion and Recommendation

As stated, a divorce obtained in the Netherlands is valid in the Philippines if it was secured at
the instance of your alien husband. We recommend that you talk to your husband and ask him if he
can file the divorce instead of you. Otherwise, considering his possible “psychological incapacity” you
may opt to file a petition of nullity of your marriage based on psychological incapacity under Article 36
of the Family Code in the Philippines.

Sincerely yours,

Apple G. Puno
Legal Counsel