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.
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).
I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.
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)
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.
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.
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.
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.
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.
Update: Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II or in Costs in seeking an Annulment.
You may also want to read these related posts:
Legal Dynamics: Citizenship and Divorce by Atty. Fred on August 22nd, 2006
Guidelines in Psychological Incapacity (Article 36, Family Code) by jlp on July 22nd, 2006
Rule on Legal Separation by Atty. Fred on April 19th, 2007
hi there! i’m a single mother and i have a bf in the philippines which is still married but seperated already about 7yrs ago.My bf filed annulment last july 2006 and until now we still waiting for the results.It is ok to file a petetion for him as my fiancee eventhough he’s not annuled yet or we still need to wait until he gets annuled?Pls. help me im really confused i dont know how many more years to wait for the results of his annulment.
gerghie, if you’re referring to a de jure separation, you need a court order. A petition must be filed in court.
MariaContra, as discussed in the articles in this site, our laws on marriage, in certain cases, respect and consider foreign laws. This “respect” includes a divorce secured by a foreign spouse abroad. However, the fact of divorce is NOT automatically recognized here in the Philippines. It must be recognized in the proper court proceedings.
Alexsha, I’m sorry, but I can’t give any legal advice with respect to the merits of your case. As to your other concerns, you may have glossed over the last Q&A above. The duration of the petition varies - it may take one year or less, and it may take more than a year. The cost depends on the lawyer that you’re getting. It may cost you around a hundred thousand.
Bitelnut, I suggest you go to the Public Attorneys’ Office (PAO) or institutions that provide free legal aid (like the IBP, or law schools that have legal aid programs). Please discuss your concerns with them, as there are definite remedies for each problem.
Enquirer, you may have noticed in this post (and others) that legal advice is not dispensed in this forum. I hope you understand.
Batmove, please read the article again, because your concerns are definitely discussed there. Please also check the related article on Annulment and Divorce in the Philippines (click here).
Kakay, I believe I already answered your questions in your other post. As to the difference between “annulment” and “declaration of nullity”, maybe you glossed over the discussion in the Q&A above.
Sweetest, please see the answer in your other post. Thanks.
Atty. Fred.
Please Help!
This is the situation:
Woman A and Man A had a daughter even before they got married. Within their two years of marriage Woman A had an affair with Man B and decided to leave her husband (Man A), and took their daughter. Finally both parties sorted to separate physically. Until now Woman A is still with Man B and she is having his baby (5 months).
The question is:
Man A wants to file for annulment. What would be the possible grounds for this case? How long will it take?
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single???
Dear Atty,
Just a follow up question. What would be applicable to my friend? Annulment or declaration of nullity, if there is in fact a diffence in the usage? I have another friend who had an annulment but it only took 2 yrs. As I am reading in the first part of this page, it says that there should be court declaration for a marriage to be null and void so why does the Office of the Solicitor need to appeal on this case?
Much obliged
Dear Atty,
I have posted early in one of the forums but cannot find it that’s why I would like to post it here again.
I have a friend who was married to married man. She was told that he had his first marriage annuled but later on learned from he in-laws that no annulment took place. After having the courage to leave him, she left for abroad to work and after sometime got enough money to file for annulment. She filed in 2003 and was told that the court has given its decision and granted annulment to her. Unfortunately, the case still lies with the Office of the Solicitor General and its now been 4 years and the the Solicitors general office has not decided yet whether to appeal or deny the case.
My question is, if the court has already granted nulity why does the Solicitor’s General’s Office need to appeal or deny my friend of the final verdict? Can the court decision be used as a proof of annulment even without the decision of the Solicitor’s General Office? How long does this usually take to get the decision? Is there a possibility that the Office of the solicitor General deny my friend of the decision?
Thanking you for your time
needs help please,
I’m here in the US as lawful permanent resident,working on a state institution.I was married in the Phil. last Feb 1997 and been abroad since 2000.Due to unavoidable circumstances,i filed a Divorce on my wife in the Phil, and was Granted here in TX by virtue of default.I have 2 kids with her and gave them the alimony almost 900 dollars every month.She asking me if we can settle the score thru annullment so we can be both free and be legally single when i decided to go back in the phil for a visit.I don’t know the process on this and she told me she knows a lawyer that can help us as long i gave her the money to file for it.Does divorce be recognized on my case if i turned naturalized US citizen by next year?,And be allowed to remarry again here in the states?What should i do?
Dear Atty,
Please could you advise me on the following:
J is a Filipina who was married to B a Filipino but separated from him. They have a daughter by their marriage. She never obtained an annulment.
Subsequently, in 1998, she married me, British, in the Philippines.
We went to live in Britain & she was granted British Citizenship in 2003.
J then admitted to me that she had not in fact got an annulment to her first marriage. This caused great friction in my relationship with J.
I have now met another Filipina with whom I wish to have a longterm relationship. She rightly insists she will not do so with a married man.
It seems to me that my marriage to J was null & void from the beginning.
How do I obtain a court order declaring my marriage to J as null & void? How long will this take? How much will it cost? Do I and/ or J need to be in the Philippines to obtain this?
I don’t wish J to run the risk of a charge of Bigamy. Is such a charge avoidable?
Also, I don’t wish her British Citizenship to be put at risk.
I am not seeking any kind of ‘revenge’. I just wish to prove that I am legally single so that I can pursue my new relationship.
Please could you offer me any advice? I’d be very grateful for a reply. Thanks.
But Atty fred, if the Notice of Entry of Judgment received from overseas specifically states the DATE of judgment on the Dissolution of Marriage, this consequently means that the Foreign spouse may remarry AFTER the effective date of termination. The question is, does the Filipino spouse remain married to the Foreign spouse since US law has no jurisdiction over a Filipino? Is it necessary for the Filipino spouse to file for anulment or will it make the latter automatically single?
My husband, a US Citizen who is born and raised in the USA and whose legal domicile is in Rancho Cucamonga, Ca, and I, a Filipina currently residing in the Philippines, had met and married in Okinawa, Japan in September of 1999. Our marriage had been registered both at US and Philippines Consulate respectively. In March of 2001, I went home to Philippines after knowing of my pregnancy. Little did I know that it will be the last time I will ever see my husband. In December of the same year, he stopped communicating with me. I can’t reach him by phone and he won’t respond to my emails. Later, I learned from a common friend that he had gotten a 17 year old army brat pregnant, and this fact was also confirmed by my father-in-law, who by that time I had a constant communication with through emails. A few years passed and my son is growing-up yet we haven’t heard from him nor have we received any child support, although I send him emails and pictures of our son from time to time. Then one day, I accidentally discovered his website with a link to his girlfriend’s site. I learned from her blogs that they had been living together since they went back to the USA in 2002 and indeed, had a daughter born about May of that said year. Also, they got married in July of 2007 in California and is now living in Arizona, yet, I haven’t got any divorce papers or any legal papers saying our marriage has been nullified or void. I’ve done numerous attempts to ask for divorce and/or be served my divorce papers but to no avail. My questions are:
a) Is there any way that he had filed for a divorce or annulment without me knowing it? How can I find out?
b) Even if I’m in the Philippines , can I file a case for bigamy and/or concubinage against my husband and how?
c) Can I also obtain help re: child support and custody?
d) If I file for child support, he might fight for custody, what are his chances of being granted the custody of our son after being a dead beat Dad?
e) Is there a lawyer who can help me with my case for pro bono? I don’t have lot of money right now and I am hoping that we can be able to squeeze a lot of cash out of him if we can be able to establish a good case.
f) Thus, this leads to the ultimate question: What should be done?
Thank you very much for taking the time to reply.