Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:

Is divorce allowed under Philippine laws?

No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws. More discussion here (Judicial Recognition of a Foreign Divorce Decree).

Would it make any difference if I marry abroad where divorce is allowed?

No. Filipinos are covered by this prohibition based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce). Discussions relating to Overseas Filipinos or OFWs are transferred in Part V.

Is “annulment” different from a “declaration of nullity” of marriage?

Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.

Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.

So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?

For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.

What if no marriage certificate could be found?

Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present.” (Citations omitted)

Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?

Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.

What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?

Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.

How is “legal separation” different from annulment?

The basic difference is this – in legal separation, the spouses are still considered married to each other, and, thus, may not remarry.

Is legal separation faster than annulment?

Not necessarily. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation.

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child” shall include a child by nature or by adoption.

Should I file a petition for legal separation, can I use my own sexual infidelity as a ground?

It is interesting to note that among the grounds for legal separation, as listed above, only “sexual infidelity or perversion” is not qualified by the phrase “of the respondent” or “by respondent”. This may give the impression that the sexual infidelity of the petitioner, or the one who filed the petition, may be used as a ground in legal separation. We must consider, however, that legal separation is filed by the innocent spouse or the “aggrieved party” against the guilty spouse.

What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?

This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:

1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry. See Can someone remarry without going to court due to absence or separation?

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).

3. Absence of marriage license (except in certain cases).

4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).

5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).

6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.

7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.

Please note, however, that there are still other grounds to declare a marriage as null and void.

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Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II, Part III, Part IV, Part V, Costs in seeking an Annulment, and other related posts. You can check the Related Posts at the bottom of each post.

814 thoughts on “Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

  1. Lourdes

    Hello sir, I am married with Taiwanese. He has another woman and we decided to have divorce here in Taiwan and in Philippine. What should we do first? Please help. Thanks.

    Reply
  2. lynespanto

    Dear atty. Just wanna ask about my case. I was 7years separated from my husband. We separate without any signing papers he had a many girl and he did not give a support to my children until i discover that he is already live in with another girl and had baby. Do i can file a case. And how much do i need and it will approved immediately or?… im a poor woman cant reach a highest prices just wanted to be a single again and not caring with his family name.

    Reply
  3. allisa

    Dear Atty.

    I am filipina and married to a foreign,marriage take place in the philippines,we seperated 2011 and now he has gf filipina,we decide to get annulment from then but dont know where to start and what to do,can you please advice me where to start? and how can i do it..its a long distance relationship,how can it possible if he only comes to phillpines once or twice a year. what are my rights as a wife.

    Reply
  4. stella

    Hi Atty..

    My ex hubby does not give regular financial support to his two minor kids. Is it legal to sell some of our properties to help me support the kids he has left?

    Reply
  5. moid

    Dear Atty!

    I have a filipina girlfriend and we want to marry, i am indian, she was married with a japanese man, she is divorced in japan with that japanese husband but not in philippine, so tell me can she marry me? Or she have to get her Singleness from Philippines first, bacause she married with that japanese man in philippines ,
    Can she marry me in my country or in philippine.
    Please help me…

    Reply
  6. Love

    Hi!

    My boyfriend has filed an annulment with his ex-wife last January 2014 and until now there is n response or no first step was made yet. What can we possibly do about it? Or how long will the annulment be approved?

    By the way, his ex-wife has already got a family in Canada.

    Thank you!

    Reply
  7. mary

    Dear atty.

    I was married last 2005 through civil wedding to an italian citezen. We are just together for 8months and we separate ways from then.
    We are separated now for almost 9years without any communication.
    Can i re-marry in this case? Please do give me an advice what legallity i have to do.

    Thank you.

    Mary

    Reply
  8. kendi

    hi atty.
    my brother in law is separated since 2007 and now would like to re marry can this be allowed even ex wife allows him to do so without filing anything?

    Reply
  9. Olga81

    Hi Atty,

    I hope you can help me. I was married here in the Philippines to a foreign husband. To make the story short, things didn’t work out for us and I left him, cut off all communications. I’m now with someone else and we have a child.

    My husband filed for annulment last year. Every now and then, I’d receive threats from him saying that he’ll also file for adultery because he learned that I have a daughter. By the way, he’s also living with someone else.

    Is it possible for him to file an adultery case against me even if our annulment case is ongoing?

    Please, please advise me on this one. I’m just worried for my daughter.

    Sincerely,
    Olga81

    Reply
  10. Roselle

    Good Day Atty.

    When both contracting parties do not belong to the same religious sect as the solemnizing officer, is it void or voidable marriage? Thanks

    Reply
  11. jovita

    im jovita po devorce po ako dito tokyo sa husband ko nais ko pong magpakasal dito ulit sa tokyo kasal din po kami ng husband ko sa pinas kailangan ko po bang i fail ng unnalment tapos ikasal kami ulit dyan ng husband para saan po yung annulment para mapawalang visa ang kasal nila ? wala naman po akong laban sa mr ko para mag fail annulment gusto ko ng pong makasal kami ulit dito paano po yun kailangan ko po bang umapila sa corte pawalan visa ang kasal naim tapos pakasal ulit kami makatuwiran po yun?

    Reply
  12. Cathy

    Hi my name is cathy just wanna seek help..i met my husband on 2007 and got married on 2011 in the Philippines he lives in US( immigrant a Filipino citizen)he used to be married there and already filed divorced even before our marriage till last yr that we found out that it’s not yet finalized so Our marriage seems null we still don’t have the copy of the divorce paper but we’ll have it soon the problem is we are now planning to file for petition so we can be together can we get married again?so we can have a recent date of marriage will it be a problem? Second the date of our marriage appear on my sons birth certificate is there any way to change if we get married again? Will it be a problem on the process of petitioning us?thank you so much …

    Reply
  13. danica

    it is possible to file an annulment if i am the one who committed sin to my husband.i have a child to another man now.

    Reply
  14. Sandra

    Bkit po denied yung file kung kaso na recognation of foriegn devorce decree,ano po ang dapat kung gawin? Ang tagal ko inantay umabot ng 4 yrs tapos denied lang, ano klase po bang prof ang need nila? Nakakasakit ng damdamin, parang wlang justice para sa isang tulad namin.. Kmi na nga iniwan at niloko pero kami pa din ang wlang makuhang justice 🙁

    Reply
  15. Michelle

    My husband refuses to give any financial support to my three kids.we dhe never communicate with me for almost a year now.can I consider this as abandonement and sue him in court?

    Reply

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