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.

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

  1. Lynn


    Good day!

    I’ve been married for 9 years, but no kids and since 2012, I’ve been venting out how unhappy I am with my marriage. I want to be annuled and free again, not to marry another man, but at least be free from the social discrimination that I may experience if ever I’d be seeing a man. What can be my reason for filing an annulment case against my husband?

    Thank you.

  2. Haze

    Dear atty.

    Its almost 12 years na po kami hiwalay ng asawa ko. Without communication din po. It os easy for me to file an annulment even im an ofw?

  3. mm

    hi atty. am 6years seperation to my husband. can i filed annulment with my ex husband but why i me annulment. my husband doing husband have another girl. can i file annulment but if i file..ako ang nagbabagay.why? now .i have bf and my bf decided is to re marrywith me? free cost only atty? hen

  4. rose

    Atty im a seamans wife. I admit i did mistake allowing my self to get close to a man. Chat mate, gala mate & text mate. When mu hub came on vacation he red almost all our conversations, pict while on gala with & w/o friends on facebuk & mesenger..this started our kis understanding. I promised him tbat ill stop communicating with the guy. But as days go by he s so cold & i feel empty.. Thats why my convo with the guy started agaiin.. We seems like we have an affair like gf bf. But im. Certain to d point that we never slept together..after 3 weeks my hub again found out about our comunication again.. There he got totally to the extent that he wanted sepatation accusing me of having onother man.. He cut my allotment.. Now hes on board again weeks after he left i som1 textted me that made me try to open his fb account & found out that while wer not in good terms while were arguing bout my so called other guy he had been involved w/ a bargirl.. I also saw nude pics of them both showing their organs & chats promising the girl will wait for his comeback for them to be together.. Does he have a case agains me?? Do i have fight after what i saw.. Is our case already has solid grounds for separation?? Dont i have the right to to file case for him cutting my allotment?. Pls help me. Tnx

  5. Meilei

    Good day Attorney,
    Gusto ko lang pong malaman kung paano po ang proseso ng pagpapawalang bisa ng kasal sa pilipinas kung ang asawa ay naging citizen na sa ibang bansa, sila po ay naghiwalay na For 5 years. Ano po ba ang dapat na gawin upang mapawalang visa ang kasal sa pilipinas.

  6. leonila

    Good morning. I want to file nullity of my marriage. Puede po bang malaman ang address ng Law office ninyo at magkano po ang magagastos ko.

    Salamat po

  7. Mary Grace

    Dear Atty,
    Mag consult lang po ako regarding sa situation ko ngaun,,,nasa abroad po ang mister ko ngaun nung umalis po sya ok naman po ang lahat sa relasyon namin,,everyday tumatawag po sya samin ng anak ko,,Isang taon na po sya sa abroad ngaun bigla po naramdaman ko na nagbago sya bihira na sya tumawag at mag message samin ng anak ko,,,,ewan ko po ba pero kinutuban ako na may kinalolokohan sya na babae sa sbroad,,kaya po kinulit ko sya sabi po nya nung una na busy lang sya kasi lagi syang nag OOT sa work nya,Pero iba po talaga ang kutob ko,,,,Hanggang isang araw sinabi nalang nya sakin na makikipaghiwalay na daw sya,,,,At nalaman ko ang totoong dahilan na makikipaghiwalay sya dahil sa may babae sya,,,Ang sabi nya po pag uwi nya ng Pilipinas mag file daw po sya ng Legal Seperation,,,,Ang tanong ko po ano po kayang kaso ang pwede ko isampa sa kanya..

  8. Jani

    Dear Atty Fred,
    i am separated for more than 6 years, i am not able to file for an annulment yet due to financial problem, i now have a girlfriend and she is a Muslim, and she is aware of my situation, but i want to marry her. i have converted my religion to Islam recently not only because of her but also to tighten our relationship. my question is Can i marry her in Islam without seeking or prior the annulment from my previous marriage? Thank you and more power.

  9. monique

    Atty, i wanted to file an annulment, we’ve been separated for 18 years at meron na po syang asawa or kinakasama at meron na din pong anak. gusto ko pong magfile ng annulment para po maging legal ang lahat for both paties ano po ang dapat gawin?


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