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 hiwalay napo ako 11 years ang xhusband ko nag asawa na uli tatlo n anak nila gusto ko ma annul ako sa kanya ano po dapat ko ggawin thanks kailangan kopoh advice
Nagkaroon kmi ng 2 anak kahit piso wla kmi sustento sa kanya enabando na nya mga anak ko
Hi ,sorry to ask this question how big is our chance to win the case of annulment if i get ur service
Atty, the husband sought divorce from his wife in the Philippines and married another Filipina in the States. He never petition annulment ftom his first wife to whom he has 2 sons who are now grown ups. The second wife has also a daughter with his first husband but was not able to bear a child with the second. The couple was able to acquire properties in the Philippines. Recently, the husband died without leaving a will ; the pension benefits (401k) of the husband all were given to the 2nd wife whom he designated as his beneficiary. How about those properties here in the Phil.? What rights do the children from his first wife have.? Are they also the sole properties of the 2nd wife?
Atty,
A married man 2 yrs separated without kids. his first job he declares himself single. will it be something he needs to worry in the process?
My son, US soldier, was convinced to marry his Filipino girlfriend in Philippines, she never annulled get first marriage to a Korean who got her the visa to Korea where my son was stationed. She “acquired” a marriage certificate in Philippines, we’re married in her home by a priest. He came back to US and they never got her visa to come here, she now wants a divorce/annulment. Is his marriage legal? How can he find out if it legal? Before he tries to pay for an annulment/divorce?
Hi Atty,
I been separated for 5 years and I want to become officially and legally separated with my wife as we are both have our own life. We have a son which is 12yrs old which is under my care. Now my question is what is the easiest way to file an annulment where in both of us are willing to cooperate. How long it would take? thank you and im hoping to hear from you soon.
Attorney,
I am married in a civil ceremony, how much does annulment cost? Is there a difference if you are married in church and in civil rites? They told that church annulment is free , does it exist if you are married in civil rites?tanx
hallo sir/mam
im marrage of jappanese but we separate almost 15yrs now we dont have contact anaymore for 15yrs in i want to request a legal duccuments for separation or devorce. we are marrage in philippines can u advise me how to do it.and i want to change my sure name in the passport because its a surename of my japanese husband
Dear Attorney
ako po ay separated almost 14 yrs. tanong ko lang po sa kaso kpo madali p bang maannul ang kasal namin sa lalong madaling panahon? At willing naman po ang asawa ko na pumirma sa mga dukumento for annulment. Papano po bang hakbang ang gagawen ko? Para po matapos na ang lahat ng ito? Meron npo siyang pamilya sa ngayon at meron ng mga anak,, actually po sa 14yrs pong paghihiwalay nmin no financial support sa anak nmin ako po ang nagprovide ng lahat para po sa anak nmin.Sa ngayon po 17anyos npo ang anak nmin.Need kpo advice niyo,
Salamat po
I am a Seaman, I got married with my wife since 2009, me and my wife used to love each other and we live in my parents house for 5 years but my wife always thought that our parents hate her. I am the one who work for the family, i brought my wife to school and paid them till she graduated. By year 2012 to to 2013 my wife changes and her reasons were she hated my parents and that is why she went home late, not going out or hearing Mass Church together with kids, to the extent that i became suspiscious that she had someone or cheated on me, so in return i made the same mistake. So i had an affair, sexual afair with another woman. But the total day i spent with the woman is 10 or 12 days only because i am always at sea. My wife caught me and i cut communcations with the other woman from the day she caught me because my wife proved to me that she is loyal to me… She cried a lot…she also hurt me physically… This incident happen last 2014. We have 2 kids already… Everyday we always had a fight because of that insident, i told her that i am sorry and i am no longer in contact with her.
I bought and spend so much money to my wife to ease her insecurities. I live in mindanao so i have to pay plane fare when she demand to visit me in manila while i am busy looking for another manning agency. My wife demands, buy these things, overnyt in hotel just to compensate all my expense from the other woman and to tell you honestly overall expense aroung 6kphp only more or less with the other woman but my wife insist spending more..
I have another sea contract again for 8 months and i thought everything will be fin from 2015 because i myself have no activities in chating or texting or even meeting with another woman, but my wife always get angry at me .. She got angry if she find out that i am searhing women names in facebook without even chating to them or sending any message. My wife always taught that i am looking again with another woman . Everyday my wife is nagging, and keep telling me about my past mistakes… she all the time gets angry because she remembers my past mistake and now she demands me to buy something…
I got her pregnant for the 3rd time and i thought she already forgives me.. our sex life are still okay but i am irritated with her non stop accusation that i am still cheaiting even if it not..
We always fyt, im am the silent type and she always nag, slap me or punch me and yell at me… my parents raised me as a non scandalous type person.. I am really bother by the situation.. now it is already 2016 and my wife still thinks that i am cheating on her even if im not.
I bought a house and paid the amortization and i am afraid that i myt not finish paying the house because we always have a fight and she sometimes told me to sell the house and we share the profit… I am the only one working. I gave her enough money to speend for education of my kids and babysiter, helper .. to the extent that i am sending her 100k per month. Because she will be paying our house amortization 44k and the remaining will be ther monthly expense. I work hard at sea and trusted her with that amount yet her she is keep bother me that i am cheating even if already stop doing it from the day she caught me…
I am afraid that all the money i send her will be wasted because she cant think right. And i am afraid also that i lose hope for this relationship that i will stop working for them because she keep harrassing me… i cant think straight because i am doing what is best for my family but my wife will not stop harrassing me that i am still cheating her even if it is not…
May i know, i am still liable for what i have done last 2013. Will i be charge of phsycological abuse to my wife.. i am also physcologically abuse by my wife… it is not easy to work at sea while your wife keep harrasing you.. My intention is to give my family children a better future yet my wife does not believe me anymore that i am doing good. I am afraid that she will waste my hard earned money because she wants revenge.
Can i file against my harrasing wife… ?
What i want is, i want to be out of her life if she continue harrasing me withing 6 months.. i will gave her 6 months if she keep harrasing me that i am cheating her i want her out of my life…
should i stop giving her allotment? Can i only pay the expense of my children and not hers…
can i have the custody of my children? since i am the one working since 7 years of our marriage…
I want to have full control of my money because i dont trust my wife anymore.. she uses my past mistakes in order to get what she wants and demands…
Hi Atty;
Good day.
I would like to asked for an advise. I got married here in the Philippines.
My Ex wife is in Canada and she filed a divorce and got married again two years ago.
I have plans to marry my girlfriend what should I do to make our marriage valid.
Best regards;
Jay Bee
Good day, attorney.
My husband is an ofw, for 7 years now, and there’s a bad blood between me and his mother. We recently acquired a car loan from a certain bank for a car (montero). During the processing of the said loan, the bank officer suggested that instead of having my husband the primary borrower, my name will be used with consent from my husband to make the approval much faster and easier. I called my husband who is still overseas at that time, and have the officer explain the process to him, to which he agreed. Then the car dealer also explained that since this is a loan, they must follow the banks documentation, ie name of borrower, thus also must have the said car registered in my name to avoid confusion. My husband did agree.
I thought everything was fine, until i read an email from his mom, i have access to his yahoo account by the way, telling him that it’s not safe that the car be registered in my name. And that he should file an annulment, because i dont know how to handle our finances. I must admit, my husband and i quarrel a lot of times over money. And his remittance to us is only enough for our monthly expenses, the rest he sends to his mother. Naturally i reacted to that email, i tried confronting his mom but she never even face me. My husband said to just let it be and i said ok to preserve the peace. But they took the car. My father in law came one day, supposedly to borrow the car because theirs was in the shop, and he has some where very important to go to. I oblige, naturally. But they never returned it, i went to their home to get it but it wasnt there. They hid it in the church parsonage with strict instructions not to let me in. And they never did face me. And my husband only said to wait when he get home.
He came home about a week ago, he took the car back. And i never made a fuss because im tired of having to argue with him in the limited time he is home. But yesterday I found a document, an SPA for my mother-in-law for the car, and the supporting document is an AFFIDAVIT OF SEPARATION, where my husband stated that we’ve been separted for a year and that reconciliation is highly improbale. It was already signed and notarized.
Did my husband just committed perjury? Is this affidavit enough for filing annulment/legal separation? And does my mother inlaw have the right to do such?
Hi
I just want to clarify thing, during the filing of annulment, should the persons involve prohibit themselves in going into relationship with their respective interest?
Drahcir
I want to rectify my void/bigamous marriage.
My husband already filled an annulment on his 1st marriage and had the finality/court decision.
We are planning to rectify our 2nd/bigamous marriage but we do not know how?
1. Can we just re-marry since we are the same person and leave our 2nd marriage alone
or
2. We also need to annul our 2nd marriage even we are the same person before we can re-marry?
Thank you very much.
Julie
Hi Atty. FRED Good day it’s my first time to write here, i have a big problem, i want to annull my marriage separated na po ako ng 16 years, kinasal po ako April 5, 1997 sa simbahan at one month lg po kami nagsama kasi po bumalik siya ng Saudi ng May 5, 1997. Ano po ba ang dapat kong gawin para mawalan po ng bisa ang kasal ko. Please help me, ayaw ko pong tumanda mag isa?