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.
i have a question paano po ba ang first step s pag fi-file ng legal seperation. gusto ko po kasing mging legal na ung seperation namen ng wife ko. 2years n kmeng hinde magksma nasa side nya ung 1 anak namen. reason nia ky sya nkipag hiwalay dhil d n raw sya msya dhil di ko nbibigay ang mga luho nia sk mrame nakakakita na relatives ko n may bf sya. then ngayon po pregy n xia s bf nia nkita ko po n mlaki n ang tyan nia nung nag visit ako s knila pra mag bgay ng allowance s anak nmen. ang sbi ng kapatid nia dis coming october ang labor nia. gus2 ko n po mag file ng annulment para d n sya bumalik sa akin ska ayoko kasi na s aking surname ang gmitin nia pag sinilang nia ang anak nia s lalake nia. marameng salamat po god bless!!!!
thanks atty fred. do i need a lawyer to file for this petition? How much would it cost?
just a follow-up question. Do i have to be in the Philippines to file and process the petition? Thank you so much.
Good afternoon. I would like to ask how it will affect the case if the respondent for a “petition for declaration of nullity of marriage” does not answer the said petition but decides to appear for interview with the prosecutor and admits being in constant communication with the petitioner even after the filing of the case?Constant communication here means that husband & wife still see each other and talk almost everyday with some sexual intimacy involved on several occasions. However, petitioner has not withdrawn the case despite these recent developments in their relationship. Respondent, on the other hand, has not contested because she does not want any more fights between them especially in court. Please enlighten me on this matter. thanks & God bless!
Hi good day. Im a man who had a huge and terrible problem.if there is kind person here please help me. my situation is these. i had a gf in manila then i go to cebu to work there then i mit a girl then accidentally we had sex and for that she got pregnant.the girl is fertile and did not tell me about it.now she is pregnant.my family did no like the girl cause i we don’t know much about each other.my family and her family had already seatle.my family wants to fake the marriage.but they insist that there the one who will take care of it and processe the paper on their own city hall.so my prob is this i love my girl friend and i think im the loniest man in the whole world.marriage is to forever and ever.what id like to marry is my gf.and share my life wth her.we really love each other.i tell her the truth.and we really love each other much so we don’t know wht to do.i wnt to marry her.so im suggesting to give my birthcertificate and have a proxy of myself or i will go to his place so we could be married.my prob was i wnt to marry my gf first b4 its too late and that i may married the other girl which is i dont really love.please help me.my gf and i were crying everysingleday.i need a rush solution please help me anyone GODBLESS YOU.
and one more thing if im maried in the manila and and cebu.the prob is can they trace that ive married twice.
i wnt to marry my gf so the second would not be legal.its hard to marry the girl that you dont love isn’t it.please somebody help me.attorney help me.i nid an insant answer.my heart and my mind is sufferring. please help me im begging for a help.ill wait for the answers.GODBLESS YOU.
i dont wnt to be annulled please help me
Atty,
I had been separated from my husband since Jan., 1989 and he has been cohabiting with not only one but two women in separate places, one in Quezon City and one in Pampanga. He got three children with woman no. 1 in Pampanga but the woman had abandoned him last December 2006.
I have no regrets in our separation because of his womanizing ways. I didnt file for annulment because my salary cant afford it neither he because his income is not enough to support me and my two sons and his women. Fate was unkind to me, the office I worked for since 1993 closed due to bankruftcy last year. So I started to chat online and finally I found an american who is more than willing to marry me in the United States. He himself has financial problem because his third wife has drained his savings, enough reason for him to file divorce and expecting the court decision this October 11.
I attended a seminar this morning and my seatmate told me that Senator Loren Legarda has been interviewed wherein she stated that if spouses has been separated for eight years, filing of annulment is no longer necessary. Could you please enlighten me on this? Because if its true, then I am qualified and if ever, will the US Embassy still look for proofs like court rulings that I am indeed qualified to remarry without filing for annulment?
I am 55 years old now, cant find job here anymore so I opted that I go to US wherein it is easier to find job, I prefer to live there too because Bruce, my bf is 63 and I think he could be well taken cared by his medical benefits there instead here. He has planned earlier to retire here in Philipines but I told him his pension may not be enough for us, since I have other obligations to settle like credit cards whose collection agencies keep harassing me.
Atty,
I would like to go to US as regular tourist but I dont dare apply for an interview because I have a pending petition as immigrant which was filed by my brother in June, 1994. I think it will take 5 years more before it could be approved and I dont want to wait because I dont have job here so I want Bruce to file for a fiancee visa.
This is the reason why I inquire about annulment, how true was Senator Legarda’s statement?
Atty,
I had been married b4 but we got separated after 8 months after our marriage and for a total of 7 years we never see each other . I thought the our marriage was never been valid since we are both 18 yrs. old and i have no parent consent wen we got married . So when i met someone and fall inlove , we got married but after I found out that my first marriage was actually valid . So i decided to file an annulment and got my first marriage annulled. my question is , do i have to file for a voidable marriage for my 2nd marriage ? as i read the philippine law my 2nd marriage is void ab initio . One more question , after i got my 1st marriage annulled , me and my 2nd husband decided to get married again .
Everyone, sorry if these answers are delayed…just got swamped with work at the law office.
Despirado,
First off, please note that there’s a big difference between legal separation and annulment (and you seem to use them interchangeably). The steps in filing a petition for annulment had been outlined in this post –
https://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
George,
Unless you’re familiar with the legal procedure here in the Philippines, you need a lawyer to assist you in filing the petition. As to the costs, it depends on the lawyer that you’ll hire.
Jlo,
That issue may come up in court, so it might not be appropriate to comment on those. Anyway, we have discussed that the fiscal has the duty to determine whether there is a collusion between the parties.
Accident,
It is not only against the law to marry twice, but it’s also unfair to all concerned. As you said, marriage is supposed to be forever. Make up your mind and decide who to marry. You have to take a stand. Remember that you will be raising a family, and it’s always good to start it by making a stand. Good luck and God bless.
Gracieneil,
Maybe you’re thinking that there’s no more need to file a petition in court. Please read this related article:
https://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
vrr_11,
Any subsequent marriage, as long as the first marriage has not been annuled or declared null and void, is also void from the beginning.
atty, i married my husband 9 yrs ago because i got pregnant and my mom and his dad agreed that we marry so our baby will hamve his name.we didnt leave together and not see each other after the marriage because we really dont want to get married.now that i found someone i want to marry,i want to know what should i do.pls. help me thank u so much
addition to my questions,i want to know if i can file presumptive death of my absent spouse.i really want to know about this.pls. help me.im in korea now and having a hard time finding about this sepaRATION
atty,
My ex-wife and I are separated for about 3 years now (i’m cuurently working abroad) and I want to file an annulment but I am confused with what grounds to use.
If my wife threatened me that she will kill herself the day I moved out of our house, if she’s hurting herself in front of me to make me change my decision,and if she hid our daugther so I won’t be able to see her and will only allow me to see our daughter if I come back to her, are these enough proof for phsychological incapacity?
Atty,
Seven years ago, my husband and I moved to the US. While we were there we obtained a US divorce. I have returned to the Philippines. My ex-husband is still a Philippine citizen and still resides in the US. He has since remarried and started a new family. I have met someone and would like to remarry also. Can my ex-husbands US marriage/family be considered infidelity in an annulment?
atty fred,
gud morning sir,i just like to ask what im going to do with my ex wife..we got married sometime in january 2003..she is working abroad that time,saudi arabia..i was left alone here working in a hospital.so,years goes by my love to her and affection fade away.we had continue communication untill 2005,that time she comes home for a vacation..honestly i didnt feel anything to her,i really dont know!she leave again after a months of vacation without talking about our feelings..we are assuming that everything is ok,but the truth is not..suddenly we got separated..The problem is,i discover last month that she gave birth to a babyboy.It is impossible that the baby is mine,so i confront her sister just to confirm everything i learned..Also she had a boyfriend,an indian!Its all true!!sir,its funny to know that i learned that from friendster.com..she had a picture with the baby boy..sir,what are the legal issue we are going to settled? Thanks for your time reading my letter.hoping for your legal advice…
Lot,
Whether a declaration of presumptive death is applicable in your case is something that should properly be discussed with your retained lawyer. I’m prohibited from discussing that here, and I apologize for that. In any case, you also need to file a petition, which means you have to go to court (just like in a petition for annulment). Anyway, please read more here:
https://jlp-law.com/presumptive-death-of-a-spouse-for-subsequent-marriage/
Scofield,
As noted above, I’m prohibited from giving any legal advice in here. In any case, you will note that among the requirements, as discussed in the posts, is that the incapacity must be present at the time of the celebration of the marriage and must appear to be incurable. These are questions of facts that must be threshed out with your retained lawyer. Your lawyer could tell you if the facts would fall under what ground for annulment or declaration of nullity, and which ground is the best option to take. Good luck and God bless.
kmnevalga,
The more basic issue is this – is infidelity a ground for annulment? It’s NOT.
Hero,
As in the circumstances discussed by the other members of the Forum, I’m really sorry to hear about your marriage. I could tell you the legal options because, aside from ethical considerations, the best option depends on the purpose that you want to achieve. Do you want to simply get out of the marriage (provided, of course, there are grounds)? Do you want to insist on criminal liability? Maybe you have other purposes, something which you must tell your lawyer from the start so that he/she could tell you the best option to take. Good luck and God bless.