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.
Mommzy, I’m sorry to hear about your brother’s predicament. I’m a bit allergic to the phrase “legal advice”, which you are seeking here, because that is prohibited without an attorney-client relationship. As I repeatedly noted in this blawg, legal advice is not dispensed in this Forum. So, I have to apologize if I can’t give any. Nevertheless, I hope this related article would give you some guidance:
https://jlp-law.com/blog/effect-annulment-criminal-case-bigamy/
Me and my spouse was supposed to get married on June 21, 2000 but the judge was not available then so the court clerk rescheduled us on June 22, 2000 for the ceremony instead. One of the two sponsors/witness or Ninang was not available though the following day June 22, 2000 so she just signed in the marriage contract on June 21, 2000 and never appeared on June 22, 2000. On June 22, 2000, the judge married us even if there is only one sponsor/witness or ninang present since the other sponsor/witness/ninang already signed the contract a day before. Is this ok? Can i use it as ground to nullify my marriage?
Dear Attorney,
MAN secretly married A when they were around 22. A’s parents were not aware of this so I don’t know if things had to be forged. MAN and A never lived together but marriage was consummated. They haven’t had contact in years, they’re both 30 now. MAN married D when they were both over 25, thinking since he and A have lost touch for 7 years, it’s OK to remarry. D knows he was married before. MAN and D are both poor and doesn’t know where A is and what her situation is.
Questions:
1. Isn’t marriage to A automatically considered void because A’s parents were not aware of this marriage? Do they still need to go through the courts?
2. Will MAN’s marriages both show at the NSO assuming both were filed by the responsible party?
3. Does D have potential legal liability?
4. I think MAN and A both have strong grounds for annullment but what are the MAN’s options given that he is basically penniless and has no contact at all with A?
5. How can MAN check if A filed an annullment or out of country divorce?
Thank you!
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
Atty Fred,
I am sorry for asking legal advise as I was not aware of the terms you had. Will you be able to help us in any way for him to start straightening his situation? We do not know whom to go first for he doesn’t know how to get started and fear that others may used it against him. Is there a possibility that his first wife’s friend filed a complaint against him even if she is not the offender herself and used this for her personal revenge?
I hope you can still give us guidance and help us in any way you can. Thank you!
Walang Alam, I’m sorry I can’t give any opinion on your circumstance, and the reason had been repeatedly stated. In general, however, please note the following provisions of the Family Code:
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35.
A defect in any of the essential requisites shall rende the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Now you know that the presence of witnesses is a formal requisite. You have to study if the absence of one (or both) witnesses is merely an irregularity.
Queenie, the scenario you mentioned is riddled with problems and liabilities. I strongly recommend that you consult a lawyer of your choice. There are some free legal aid groups out there, in case the MAN is penniless.
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
Mommzy, I hope you’ve read the article (and the comments) I included above.
FROM JOYUIE24 (Mar. 20,2007)
Dear Atty.
hello, i really find this forum very helpful compared to other forums that i’ve read. anyway, i just want to ask someting about my case and i hope someone you could give advise to me.
My husband was married before in the Phils. he is a US citizen when they get married and the ex-wife is filipino citizen that time. After my husband petitioned her to go to the US she divorced him after four yrs. And they got they’re divorce decree in 1999.
Now, I met him in the Phils and he petitioned me as fiancee then I came here in the US yr 2005 and then we got married here in the US. So, my question is, is it possible for us to get married in the Phils? Does my husband need to file an annulment in the Phils eventhough they are divorced here already in the US and the ex-wife is now married with another guy and with 2 children? My husband did not have any child with her. Is it legal if we get married in the Phils? but not church wedding of course. I am not sure if the Family Code Art. 26 par. 2 applicable for us. I am not sure if the ex-wife is citizen already when she filed the divorce.
Please help me. We are planning to get married in the Phils nxt yr so i really want to know if everything will be alright.Thanks in advance…god bless you all.
FROM ATTY FRED:
Joyuie24, I’m sorry if I can’t give any advice. Nevertheless, I’m glad you took time to read Art. 26 of the Family Code. You probably noticed that it applies only to instances when the one how seeks a divorce is the foreigner or ex-Filipino. It seems unfair, but it’s the law.
FROM JOYUIE24
First of all thank you po sa reply and sorry kung magtatanong po ako ulet kc medyo confused na tlaga ako.
The Ex-Wife who filed the divorce is a former filipino tapos nasa processing plang un citizenship nya nun nag file sya ng divorce so na-approve naman un divorce nila, During the processing of their divorce possible na Filipino Citizen pa rin sya kc immigrant pa lang sya nun. So, nun na approve un divorce nila Filipino Citizen pa rin sya. Kinasal cla sa Pilipinas ng Filipino Citizen pa sya at un lalaki ay US citizen na. So, ask k lang kung applicable ba sa kanila un Art. 26 par.2 pag applicable ibig sabihin pwede kame ikasal sa Pilipinas ng US citizen na asawa ko na ngaun?
If ever pwede, nakita ko sa NSO na pwede mag file ng Dissolution Of Marriage. Hindi k nga lang alam kung pano mag file or i-declare sa kanila un divorce decree. So kung cno man may idea pls help nmn..thank u in advance ulet…
What happen to my request that I put in to this forum on March 11,07 on the Subject of Seperation for Over 17 years Is their a law that the time spend of seperation is time serve for the one year period for the time required by law for annulment: I gave my e-mail address with an essay of the subject matter at hand .
Why wasn’t I contact for an answer?
What happen to my essay?
Dear Sir,
I am currently engaged to a woman that was born in the Philippenes, but her father was in the US Army and on the birth Certificate is states, “US Citizen Born Abroad.†She made a mistake and got pregnant by a Philipino man and they got married 2 days before she flew back to the United States and had her baby. The father sends no support, nor can be located and the rumor has it that he is with another woman now. We have seeked legal counsel and they are not sure, but as far as being under the laws of the United States she can supposedly file for annulment and or divorce for this terrible mistake she made. Sir, can you please help us find a solution to this problem, because we are so in love and want to be together as husband and wife forever.
Thank you sir,
TerryMD
Dear Sir,
I forgot to add they were married by a judge and nobody knows of this marriage except the 3 of us and what maybe on file there in the Philippenes. They seperated following the secret ceremony that day and have never spoken since which has been over 18 months ago.
Is it legal for her just to file for the divorce and or annulment here and send the court documents to the place the secret marriage took place? What about when we come to visit her family there, will the annulment and or divorce be accepted under the Philippine law?
The man who she mistakenly married at the last moment before coming back home to the united states has a violent past history of beating her and possible criminal background that she is not sure about, but he did get in numerous fights all the time there and is the type of man that would not be civil in anyway form or fashion if we came to visit there in around 4 years and he finds out that his son is now my legally adopted son in the united States. Would he have any legal grounds to dispute the adoption? I doubt we will ever here from him again anyway and any man that would not send any support, gifts, or letters to his son is not deserving to be a father in the first place in my opinion.
She was just young and made a horrible mistake, but have such a wonderful baby in this world that I have took up as my own and provide all the money to take care of him and treat him like my daughters from a previous marriage while I was in the Army as well, which my new fiance and I met there while I was on a mission in the Philippenes 4 years ago and have been together for almost a year now, but have not married yet, but plan to very soon depending on the information you can provide me.
I hope you can help us sir.
Thank you again,
TerryMD
Dear Sir,
I just wanna ask if i will file an annulment who will be the one to pay for it? Me who file the annulment or him cuz his still married to me but his having a baby with another lady, which is adultery?
Thank you
Marizzz
Dear Sir,
I really need your help. I got married january 2000 because my gf got pregnat, she gave birth to our baby boy April same year. And during the forth quarter of that year I was assign in HKG for about 10months. 5 months later my mother in-law called me up and told me to go home for an emergency reason. So, I didn’t hesitate to go home even my contract is not yet finish. When I got home I found out that my wife was having affair with other man. I was very hurt and I feel insult mypart but, I have nothing to do. I let her do whatever she want. And from that moment I didn’t asked her to stop or leave the guy. I came to Cebu to my branch office and concentrate on my job. And I heared that my wife gave birth from the guy she’s leaving with. The baby is girl and now using a family name of mywife not mind. And 2002 I found a girl and until now we are in stable status. I wanted to settle down with this girl but the mere fact I am a married man. I plan to file an annulment with my wife, Is there a big posibility if I file an annulment case that our marriage will anull? Please help me.
Looking forward to your reply.
Thank you
Just want to inquire about the declaration of nullity of marriage .. If the petition for the nullity of marriage is granted the petitioner can still re-marry?
What are the procedures in the declaration of nullity of marriage and how long is the process?
Thanks …
Guys, sorry for the delayed reply…just busy with cases and the elections. Anyway, here goes:
Joshua, please read this post.
TerryMD, start with her birth certificate and/or passport, and check her nationality. Then read the related articles in this Forum, such as this one or this one. I’m terribly sorry I can’t go into any details of your query because that would be tantamount to giving a legal opinion, which, as you may have known by now, we don’t do here.
Marizz, under the rules, the petitioner (the one who initiates and files the petition for annulment or declaration of nullity) pays the filing fees. There are, of course, other alternatives…something which you have to discuss with your lawyer.
Aaaa1234, it really depends on the circumstances, something which I can’t pursue asking questions because of the absence of an attorney-client relationship (which is the reason why we can’t give any legal advice here). Nevetheless, in general, and as you may have read in other related posts in this Forum, infideliy is not, by itself, sufficient ground to annul a marriage. Many use Article 36 (psychological incapacty), but that is something that you have to discuss with your lawyer. Good luck.
Dark_kent, of course, both the petitioner and the respondent can re-marry. As to the procedure, please refer to the prevous post on Steps and Procedure on Annulment and Declaration of Nullity of Marriage (click here).