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.
Hi Atty.
Me and my husband have been married since April 2013. We were not living together as me and my 1year old child are staying at my mom’s house because I’m working and my husband was reviewing for his exams. Since we got married, he showed up his mood swings which are extremes. When I was pregnant he used to pin me down the wall when he got mad that I commented on a photo of a friend on facebook.
When I used to went home once or twice a week, he was always mad because he cant get enough sleep bec I was there. He was always mad at me. He did not get any job when reviewing for exams bec he had to focus. He was telling me hat he doesnt want to take the exams and I tell him that he can do it. I was cheering him up. My whole family’s cheering him up but for him we’re forcing him.
After his exams, he told us that he would get a job, which until now he hasnt got any, and now he’s accusing me hat he read something from my wallet and from my cellphone that I have other guy. He would come to our house without notice and rant and rant. His moods aredifferent day after day. And, he doesnt care about our son anymore, because he’s too busy to ‘win me back’ that it lead him to accusations of innocent people.
Is this enough grounds for annulment? Thank you.. and God bless
Me and my wife is already more than 10 years separated. She already have her new partner which they have 1 child. Can i marry now? Or should it be done with legal proceedings?
Hi atty.i was married to a catholic ceremony after a year my husbamd and I separated becuase he is addicted to drugs and alcohol.after a year I file an annulement but becuase my lawyer is too slow of filing my case I look for another lawyer but I have a friend she told me that she knew a lawyer that annulment is very fast..I consulted the lawyer and the lawyer told me to convert to islam so that my annulment will not prolonged but it is no longer an annulment but divorce..after 6 months my divorce granted..after a year to my surprise when I went statics office and claim for a CENOMAR my marriage is still valid and theres no remarks or annotation that I was already divorce..I went civil registrar and ask for a requirements of marriage license but they refuse for the reason that my divorce is only valid in muslim court bbut not in regular court here in the philippines they told me I cannot remarry again unless in a muslim ceremony.
If my husband’s baby from another woman used his family name without permission of my husband, is that illegal?
Hello, how long do you have to be living apart before you can file for annulment? Thank you. Trust to hear from you the soonest.
Atty,
sana matulungan nyo po ako… gusto ko po na ma annul ang marriage contract namin… pinabayaan nya po ako at ang anak ko… 9 yrs old na anak ko na malaki ang tampo sa tatay nya na binabalewala nya ang mga request ng anak namin lalo na nag-aaral pa. Ano po ang dapat kong gawin po? para mapawalang bisa ang marriage contract po namin ? maraming salamat po…..
Dear Atty.
I have four children and We were abundoned ten years until present.My husband have another live in partner.Is it easy for my case to file a legal separation? Can you give me a steps of what will
do? Thanks and more power!
Lina
Atty, what are the advantage and disadvantage of separation and legal separation?
Thanks.
Dear Atty.,
I am married since July 2011, but what happened is her parents wants me to marry their daughter because of pregnancy case and it was a one night stand only therefore there’s no love attached and i am working abroad and we never talk since 2011 up to now, my question is what can can i do to make our marriage invalid because i want to marry another girl.
Awaiting for your response.
Thank you.
Atty Fred,
Thank you for this informative blog you have but i need more clarification regarding my issues. First i have two marriages and the second marriage took place when i first wife is still alive. My second wife is being selfish when it comes to financial support to my kids. We did not have any children. I tried to build a good relationship with then and my second wife but worse happened. We always come to a discussion regarding financial support and she is violently attacking me physically.
Now i told her that i will leave her and go back to my kids. my question is, is she can file a criminal case against me if ever i will marry again?
Is it possible for me to apply of the cancellation of my marriage without her presence since our marriage is i guess null and void.
Please take note that we got married with the consent of her parents and they know that i am still married that is why we asked someone to help us to make it possible and paid him the right amount of money.
Sir: I am an American, living in Texas. In 2011 I met a Filipina on Facebook. We corresponded, chatted, talked on the phone, emailed. I went to the Philippines in Feb, 2012. We decided to marry. I went through the proper procedures with the U.S. Embassy and received the Certificate of Eligibility to Marry. She did the same. We went to the city hall in Los Banos, Laguna, and filed for marriage license. In March, 2012 we were married by a judge in Los Banos. I returned home to Texas in April, 2012 and started spouse visa paperwork. After a few months she received an appointment at the embassy for the interview. She had all necessary papers. She was told she passed the interview and the visa was approved. A few days later they called her and stated there were questions and she needed to reappear. She did not go back and eventually her passport was returned to her at her address in Calamba City. I was devastated. Finally after a few weeks, because I was the petitioner, I learned she was denied because of “moral turpitude” which turns out she lied – was already married but had been separated for many, many years. Her husband evidently had left the country and now lived in California for a long time.
So now my wife cannot obtain a visa to enter the USA. As she obviously lied to obtain a false birth certificate in her mother’s maiden name, not her maiden name, she was able to have the marriage license paperwork processed. Does this quality for a null marriage?
my nephew was married via mass weddings about 10 years ago…
they are not living together for like 6 years because my nephew is working abroad.
after which, his wife went abroad also…
but this year, my nephew was informed by the mother of his wife that his wife is living in with somebody and now has a child.
my nephew want to know how can their marriage be annulled so in case he remarry again…. with a citizen of another country … he can petition his children.
thank you
dear,sir/maam anu ang dapat kong gawin para mawala yong bisa sa kasal ko sa ex-wife ko matagal na po kaming hiwalay at mag 8 yrs na at meron na po syang ibang pamilya at ako meron narin bagong familya at gusto kong pakasalan ang bago kong asawa at ang problima ko hindi ko na annul ang kasal at hindi rin ako mka kuha nang cenumar dahil kasal ako sa una kong asawa mag kano ba ang gagastusin para mag pa annul at madali lang ba mag pa annul.
hello. i met a friend who was separated from her husband more than nine years already due to having relationship with other women, physical and emotional abuse. she was also in relationship now and plan to get married but annulment is too expensive and take so long,,, is there any alternatives so that she can remarry?
Hi Atty!
Need your advice lang po. My Boyfriend is separated for almost 15 years. Pero no legal separation po ang nangyari. Dati kasi syang nasa abroad. May anak po sila ng asawa nya na 1 lalaki. His wife is already have 3 children don sa bago nitong kasama ngaun. Effective pa po ba yung marriage nila kung may 3 anak na sa ibang lalaki yung girl? Balak na po kasi namin magpakasal sana ngaun pero di namin alam kung paano ung proseso dahilsa CENOMAR it appers pa din yung name nung dati nyang asawa.
Hoping for your response para naman po makapagapply na din kami ng mga documents na kailangan for our marriage.
thanks