Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

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.


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.

748 thoughts on “Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers

  1. Sam

    My spouse hide from me his first marriage.and before we got married,he contacted his first wife to tell that he’s gonna get married again.they had an agreement about it.what case can i file to my spouse,as well as to the first wife that i felt they betrayed me for a long years?
    That after 5 years of married life,i found out that from the beginning,my marriage was void.that my spouse do nothing to annulled his first marriage.and to the first wife,i also want to file a case against her.because since then,she knew that the man she married was going to get married again to me and she do nothing,too.pleAse answer my quiry please..

  2. jhenn

    How i file an annulment if i considered our separation for 2yrs. His not able to feed us n his in alcoholism n gumbling were separated last 2014 its 11months since our marriage at first he give us support but as time n days pass by his suport little by little it lost..n i have bf from USA n he want us to be his side n go in US his able to suppprt us n give a new life
    .pls. help me

  3. Tetchie

    Hi. I’m in a foreign country since 2004. I had enough of my husband for his lying and womanizing character. I have been away and no communication with him for more than 10years now.

    My ex-husband was already married and got 2 children before we got married. i secured a copy of the CERTIFICATE OF SINGLENESS and it appears that my marriage was the 2nd. now, in this case, can’t the Philippine government do something about this. it should have been noted (footnote) in the CENOMAR that any 2nd marriage is deemed NULL AND VOID. Everything is computerized now and it can be verified from the Census records.

    Please give me an advise. i couldnt file my Citizenship here, i stopped filling out the form when it comes to the previous status. I believe that it’s unfair for me. He’s living with another woman even before i left.

    Thank you very much.

  4. Mary Grace

    Attorney Fred,
    Ask ko lang po pano mapapawalang bisa ang kasal namin ng ex husband ko ,kinasal po kami January 15,2000.
    Then naghiwalay po kami year 2008 ,since then po wla kami communication ,reason po ng paghihiwalay namin may other woman na siya ,nanakit pa po ,2x nya po ako napagbuhatan kamay,nung 2009 po nag abroad ako para masuporthan ang 2 anak namin kasi po ever since ng maghiwalay kami never nagbigay ng sustento sa mga bata ang ex husband ko ,then nung 2012 po nalaman ko po wala po palang license ang kasal namin, I mean po walang apply ng license sa civil registrar po ng Imus, Cavite .According po sa nakausap ko sa civil registrar kumausap DW po ako ng lawyer kasi po fake daw kasal namin, pero bakit po may record sa nso ang kasal nmin ,pero sa civil registrar po wlang license ,pano po nangyari yun? Tsaka bakit po sa marriage certificate na binigay sa amin nakalagay sa makati city hall kami kinasal eh hnd po kami sa makati kinasal sa manila city hall po kami kinasal ,tapos magkaiba din po ang date .
    Anyway ano po ba dapat Kong gawin PRA totally maging legal na ang paghihiwalay namin ,8 years na po kami hiwalay ,walang communication since 2008 ,tapos nalaman Kong wlang license po kasal namin pero may record ang nso ,baka pwede naman ninyo akong matulungan mapawagbisa na kasal namin ,may katunayan naman po ako galing sa civil registrar ng Imus na wla po tlagang license kasal namin.
    Nawa po matulungan nyo ako ,maraming maraming salamat po .

  5. sheila

    i married by year 1998 and got baby by 1999. but by 2000 we seperated our own …since then we never see each other and he never gave any support to his child. and he marry again in phils. and had 4 kids now. but im ok for that. only i want now is i want to clear my name to be asingle and marry again.
    can you give me some requirement to fill annulment..
    thank u..

  6. Daniel

    Dear Atty.

    I’m married in the phillipines, were are not living together for the past 5months. I have a girlfriend abroad she’s a foreigner, wants to invite me for a fiance visa. But I cannot do it because I’m still bend by the of our marriage. If ever I convert Muslim can may visa can be granted? For example in new Zealand? Second if I’m going to there country with tourist visa, can I file a divorce even I’m not citizens of there country?

  7. Ellie

    Hi att. I just want to ask. My friend would like to file annulment because his wife betray him. My friend work abroad for 3urs and he finds out that his wife had another man and up to now they wer together. My friend i here rightnow. And he wants to marry another girl.. But he will file annulment how lon is the process nd how much is the cost? Both of them agree that thet would seperate ways but they want to sign a paper that they are no longer be with each other. But my friend will file annulment. But friend want to marry next is this ok?

  8. Marilou

    atty…tanong ko po.ka c 40 yrs na akong iniwan ng husband ko.16 yrs po ako ikinasal nun.paano po mapawalang bisa kasal namin?

  9. bea

    hi atty, can i file declaration of nullity. i was married 13 years ago. binago ang year ng birthday ko. and now hiwalay na kmi for more than 10 years at wala na din kmi communication.

  10. Ann

    Hi Atty,

    My husband and I purchased a lot before getting married and both our names appeared as owners. Now separated for almost two years, I would like to ask how to be the sole owner of the property. I can prove that the money used to but the property was mine and I only added his name in the title.



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