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.
atty,
gud afternoon sir,yes your right..i want to get out of that marriage.To leave normally!!I dont want to file any criminal liabilities..its just i’d like to know what are the easiest way to get out.Honestly,i have no budget to file annulment..how about the condonation,sir?..thats all for today sir,again thanks for giving me a leagal advice..god bless…
atty,
gud afternoon sir,is it right for me to enter in a aggrement like condonation?is it benificial to both of us?
how much does it cost,and how to file it?Thank you so much again sir..more power..god bless!
hi atty,
I am just new here and let me just sayil that this site is so informative and well written that people like me who are not that familiar with the nitty gritty details of philippine law is enlightened. I have a different question, its about adultery. You see, I was married to my estranged husband in 1995. We separated 1999, i found out lately that he contracted a second marriage with his live-in partner in 2000. My husband and I have a 12 year old daughter whom he only gave financial support last year after a threat of child support case from me. I also have a relationship now with another man. My husband has known about my relationship in the beginning and we both acknowledged that we have separate lives, with separate partners. Things are turning a little sour now and I would like to know how I can defend myself and my partner now should things turn out for the worse. I read that in the new revised rules of criminal procedure,” The crime of adultery shall not be prosecuted except upon the complaint filed by the offended spouse. However, the offended party cannot institute criminal prosecution if the offended party has consented to the offense or pardoned the offenders.” Can you enlighten me on this?
thanks and more power!
Hero, first off, I must apologize if I can’t give you any legal advice, as this is not allowed. On the other hand, there’s no easy way to get out of a marriage. The facts of your case and the grounds that are applicable to such facts are best discussed with your retained lawyer. Good luck.
Bling/Hero, perhaps we could have a post on that subject matter, as soon as our schedule permits. Do drop by from time to time.
Atty Fred,
hi, im 32 years of age, a californian residents. im naturalized US citizen at Age of 17. I got married in Philippines back in 2003. after 4 years unfortunately im having a divorce. my question is Am i able to re-marry again in the philippines.
dear atty.,
can you please help me to my problem?
i am married in philippines to a filipina and i am from Nepal, were divorce already in Sharaa law in GCC and we got the divorce paper already, were already divorce for almost a year. Now, my problem is i want to be annuled my marriage in philippines. What is my first move to do?
thank you for immediate response.
babu
Hi Atty. Fred,
I had my marriage annuled already with all the papers complete last May 2007. When can i get married again? I’ve read that for female widows they have to wait for one year before they remarry. How about for annuled female? By the way the declaration on my annulment was void ab initio.
RC/Josie/Babu, I must apologize that I can’t give you any legal advice. It’s prohibited here. I hope you all understand.
atty..
good day… i have a couple of questions and i know you cant give any legal advice here please just give me some idea on what are the possible things that i can do..im 27yrs old and my wife is 23yrs old working in china,i guess? well the last that ive heard abt her was that she was in china. last year i found out that she had a boyfriend and the year before that..she actually did that to me twice..the last time that she did that she ended our marriage but not legally now i want to clear my marriage and get an annulment but what grounds can i use about this situations..tnx for taking your time in reading this and more power..
greetings sir,
am considering separation/anullment from/ of my marriage. what information do i need with regards to carrying this out? (website/ legal advise or consult/ reading materials etc) although we’re both in manila, i have been physically away from my husband for 4 weeks now and have almost fully overcome the emotional effects of our latest fight and the last 8-12 years together. could you recommend a psychologist/ counsellor who could help me at this time, and could you guide me through the (initial) leagl process of my plan/ intention.
thank you
Atty, my case story same like the above questions and answer.. My marriage is null and void because I was the second husband. What will I do to remove my marriage file in the NSO?
thanks,
edward
Hi Atty,
I am a foreign national who married a Filipino in Manila. I wish to get an annulment or foreign divorce. At the time of our marriage it transpired that the pastor who married us was not legally able to solemnize the marriage because his certificate had expired. The registration number was subsequently altered on the marriage certificate, but the fact still remains that he was not legally entitled to marry us at the time we took our marriage vows, so technically we should have enacted the vows again for them to be valid and solemnized, with his new registration.
We have been separated now for 6 years due to my wife’s sudden decision to withdraw from the marriage. My wife is no longer a Filipino citizen. We have two now grown up children 19 and 17. I am about to move permanently to the Philippines and wish to marry again. Would it be best for me to apply for annulment in the PI and how long would that take? Or would it be better to obtain a divorce for example in Guam?
Thanks for your help, Dan
I am a filipino working overseas.I wanted to get married with my girlfriend now but i still have some issues to take care of.Last 2003 me and my ex-gf went to file a marriage proposal in the municipal office.Afterwhich, after 120 days supposedly we are getting married formally.But there was no ceremony or whatsoever that happened next after that. We just left it like that. Is the marriage void or legal? Now, when my ex-gf went abroad, i heard from others that she was using my last name in her passport. Is that posssible? What are the possible cases wherein she can use my last name? I never askd her about that. Ater she went abroad, we broke up. ANd now i want to get maried with my present girlfriend.
Thank you for your help.
Good Day Atty!
I am a Filipina married in a Muslim Rite in the Phils. cause my husband is a muslim. Now we are planning be married in civil. My question is that can my husband still marry another woman in muslim rites inspite of being married in civil? Can we be married in Civil even if he hasn’t settle his divorce paper with his first wife yet? Even if he is no longer staying with his 1st wife.
Thanks,
Venice
Guys/Ladies, I apologize if I can’t deal with your personal circumstances, as that would constitute a legal advice, which is not allowed. Anyway, a few searches may shed some light on your concerns. For instance, we have discussed that even if a marriage is null and void, judicial declaration is required for purposes of remarriage. There are at least 3 posts discussing foreigner’s divorce. Kindly perform a search. Thank you.