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.
Hello I have question I been married to a japanese national in 2001 then after that i lost communication with him in 2002, then 2006 i got a divorce letter from him , then I got remarried to an american in 2007 , the process i done in the divorce is the certificate I got from my ex is written in Japanese , so i go to japan embasy in manila and pass it and then they gave me a divorce certificate from then i get it authenticated in DFA , then in manila city hall , then city hall send copy to the local municipal which the married held, then the local pass it to NSO for me get a marriage certificate in my first marriage with the annotation on it.And after 3 months of waiting the NSO want me to go there in person , my question is that what could be lacking in documents for the divorce ? i thought in article 26 I am applicable since my ex husband is a japanese , do i need to get a court finality here coz the marriage took place here ? pls help me coz my petition is on process and I cannot get my surname change into new married name unless i get the NSO copy of my old Marriage contract with the annotation of divorce on it , If ever i will need a court finality how long it will take to get it?
I have friend here in Dubai. She’s single and fall in love with a married man whose wife is in the Philippines. I can see that they really love each other. But since the guy is married, they decided to wed in a muslim rites, meaning, they converted to muslim.
Since in the muslim law, the guy is allowed to get married as many as he can as long as he can feed his family.
They have now a baby and their relationship is still intact, getting better everyday.
The wife already knows about their relationship, at first she got mad but as time goes by, go on with the flow. She just told the guy that he needs to give something to their son monthly.
They guy still regularly go home in the Philippines every two years to be with his original family and come back to his family here.
Though everything seems fine, my friend is still afraid that one day the wife will just file a case against them.
My question is, is it possible that the wife can file a case to them?
what are the circumstances?
How about the baby of my friend, will she be legitimate?
My friend is already using the surname of his husband when she change her passport.
Please enlighten me, I want to help my friend…
Thanks
Atty. Fred,
I would like to know if my bf should get a divorce or annulment or both. We are considering a church wedding but we want to know the legal action we have to take.
He is a Filipino citizen who married in a civil rite in 1991. He and his wife separated after a year into their marriage. He currently lives in a foreign land and has been a naturalized citizen of that country for more than 10 years now. His wife is still residing in the Philipines.
What is the best step to take? Thank you.
Greetings in the name of the Lord!
I just want to consult you about separation or annulment.
I am a single mother of two. My kids are in the Philippines and I am here in Canada. I got married in 1993(a month before i gave birth to our first child) and he left us (me and kids) after i gave birth to my second child. That was just a year after we got married. But prior to that, he wasnt coming home when I was pregnant with the 2nd baby. I haven’t seen him since then neither talked to him on the phone. In other words, I don’t know his whereabouts.
Right now, my papers are in the process for the permanent residency in Canada. The problem is, they are asking me to give them a proof of annulment, legal separation or a divorce paper since I stated in my application that I am separated. Would it be possible to get an annulment done without going through court trials? If not, then what advice could you give me to get a quick proof of separation?
I am separated (illegally) for 12 years now. Is it true that the marriage is automatically annuled now?
Please advise… Thank you so much
I would like to seek a legal advise regarding my husband who is mentally incapacitated, can i file a legal seperation? We’ve been married for almost 7 years, having him treated at different hospitals in psychiatric department. He’s condition as per doctor’s advice is incurable, he’s suffering from schizophrenia. My son’s life and I tends to be sometimes put in danger. Is there a chance to have our marriage be null and void? Do i have to file a case for this? I was not really informed of his situation before we got married, it was just 3 days before the date of our marriage that i was able to feel somewhat unusual of his behaviour and his parents and sister just inform me that he’s just suffering from a nervous breakdown. After we got married, i was not convinced with their opinion and I together with my husband consulted the help of a psychiatrist only to find out that he’s condition was incurable and requires lifetime treatment.
Irene, please check the discussions in this related article (click here).
Jen, I’m terribly sorry that I can’t give you any legal advice, which is what you seek. We’re prohibited from doing so. We only give legal information, not legal advice. Anyway, there’s a discussion about that in the “comments” in a related article (click here).
Myagem, I guess your question is sufficiently addressed in the article. Please check the portion on Article 26 of the Family Code. Good luck.
Macel, there’s no such thing as an automatic annulment of marriage, at least as far as the Philippines is concerned. In fact, even if there’s a ground for annulment, a court order must first be secured for purposes of remarriage. Further, note that there is a distinction between de facto separation (or separation in fact), and legal separation. Either way, you can’t remarry.
Jannette, like the case of Jen (above), I’m terribly sorry that I can’t give you any legal advice. Nevertheless, if you look at the grounds for annulment in the article, there’s a provision on insanity; note the proviso. I suggest you use the search function at the right sidebar.
Greetings!
I was married for about 6 years but after giving birth on the first year of our marriage i immediately worked abroad until now.We have 1 child who is in the care of my parents and sometimes of his family but right now My husband is already living with another woman and has already 1 child.Can i possibly be granted an annulment in case i file one?Can i eventually remarry?Generally, how long does an annulment process take place?
Hope you can help me with these.
Thank you so much and more power!
Godbless!
Eve, if your petitition for annulment is granted (just like Josie), then you’ll be able to remarry. As to whether there are sufficient grounds to support your petition, that’s something you should properly discuss with your lawyer. Just note the general guidelines discussed above and in the related topics in this site (like this or this; please see the right sidebar for more information)
Josie, as long as the procedure discussed here are complied with, there should be no problem.
Genesis, the case is generally filed where the petitioner is a resident for the last 6 months (please read here). It could last an average of 1 year, but it may be lesser or more depending on contingencies. The cost depends on your lawyer.
Good Day Atty. Fred. The court has already issued entry of judgment and in fact i have already registered the document to family court, place of marriage and NSO that certifies marriage was declared an absolute nullity. All i need is the decree to be registered in same manner. Can my fiance and i get a marriage lisence already for our planned wedding?
my annulment lasted one year and 2 months only and i spent 80k only
Hi Atty. Fred,
My marriage was done in negros. If I’m going to file an annulment it should be also in negros? How long the procedure and how much the cost?
Hi Josie,
In what province you filled your annulment case? Is the 80k net/net total amount spent? or only for your lawyer? Please help. Thanks
Genesis,
we were married in cebu but i stayed in Iloilo for 3 years before i filed the annulment. 80k was the gross because our ground was absence of a valid marriage lisence. which is why it was faster and lower cost.
hi i hope you could help me out. Im married for five years and has five kids. I wonder if my reasons woud be valid enough for legal separation.
year 2004 – my wife went abroad for neary a year. when she came back, i learned that she had an affair abroad, and she admitted that they had sex every chance they had. She wanted to step out of our marriage then but i struggled hard to save our family. if hadn’t got her pregnant then with our 3rd child, she must have gotten back abroad to live with her other man. since then, our relationship had not been the same. we fight everyday, it was totally tiring.
few months after she gave birth, she flew abroad again. I can’t help myself from getting paranoid she might do the same thing again.
I had a relationship with a peer, and now she’s pregnant. My wife learned about this and went home at once. She keeps on threatening she will sue us. She even swore she would hurt the girl when she sees her so our baby would be put to danger. I still live with them, but our fights are getting worse. i feel she was getting more abusive. she’s violent, hurting me and living me scars and marks, but i never hurt her back.