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 Filipinos, are recognized under Philippine laws. [See also: Judicial Recognition of a Foreign Divorce Decree and Mixed Marriages and Divorce]
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. [See Grounds for Annulment of Marriage and Grounds for Declaration of Nullity of Marriage]
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. [See also How to File a Case for Annulment in the Philippines while Abroad]
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).
[See also: Grounds for Annulment of Marraige]
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. [See: Steps / Procedure in Legal Separation Cases]
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.
[See also: Grounds for Legal Separation]
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 also: Can someone remarry without going to court due to absence or separation?; and How Many Years Before a Marriage Becomes Void in the Philippines]
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.
[See also: Grounds for Declaration of Nullity of Marriage]
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.
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Red Rooster,
You may have overlooked the discussion in the post that for purposes of contracting another marriage, a previous marriage must be judicially declared as a nullity – even if that previous marriage is considered as null and void because of certain defects. In other words, you must file the appropriate petition in court. This seems rather absurd, I know, but the law is the law. As to the exact ground(s) for annulling your marriage, please discuss that with your lawyer as he/she would be in a position to render legal advice (I’m sorry if we can’t give any legal advice in this Forum, as this is prohibited). Nevertheless, tell your lawyer about the falsified documents, as this would be very material to your petition. Good luck.
Dana Melissa,
Yes, you could file the petition even if you’re abroad. Please let us know if we could be of any help in the future. Good luck.
Hi Atty,
Thank you for putting up this site. I’ve been online for many years now and I’ve searching for the right forum to seek help on my rather complicated sistuation. Hoping to get the right answer this time.
========== About my problem ===============
When I was down South of the country in ’93 finishing my short stay, I fell in love with a girl. I was 21 and she’s 19 that time. Despite my knowledge that she’s “an alaga” of a top ranking PNP official there at that time I hooked up with her.
I knew I will be sent home by my employer to Manila soon so I offered her “marriage” for her to escape her married sponsor (she’s a “PNP scholar” as I may put it.) Her parents didn’t know of our plans because they’re in favor of her sponsor. The whole townfolks know about my girl’s affair with her sponsor so the only escape is to marry somebody like me who is new and not from that territory.
She took my offer seriously and I was already trapped with my own silly plan. So she fixed our wedding on the day I’m finally set to leave. I thought she wont make in time to arrange for the civil wedding. She faked all the signatures and what have you to get the wedding done. It was a quick wedding and I took my plane.
When I arrived in Manila I was expecting a call from her but didn’t hear from her ever again. I gave her my contact number but not one call or letter.
I don’t know where she lives now (or then). Don’t know her parents address and don’t know how to contact her.
The record at NSO says I’m a married man. I tried contacting my “wife” on the address on the NSO photocopy of our Marriage to no avail.
How can I fix this? Our marriage for 14 years was not “consummated”, is it still valid? Can I marry my current girlfriend and assume no responsibility with my former marriage?
========== About my girlfriend’s problem ===============
My girlfriend now, married her boyfriend 4 years ago not realizing that the man is married to somebody else and has a child already. They separated on the same year that she found out about the first marriage and she did not file action against her ‘husband’ knowing that theirs can be consider null and void automatically without question.
Now she is being bothered by her ‘husband’ saying that his previous marriage got annuled.
Will theirs be automatically take over and become legal? What can my girlfriend do to win by technicalities?
Thanks for the help and more power!
Red Rooster
Atty Fred,
Again thanks alot for your early reply,
could you please give me what cost is involved in getting an annulment done so I can start to organise financially
your sincerely,
Dana melissa
Dear Atty.
Is it normal to wait for the final decision from the Sol Gen. having the decision of the court released from 2004 and until now the Sol Gen have not pass its decision with regards to my friend’s annulment case. My friend’s ground for annulment was that her former husband was already married and never been annulled to his first wife. She filed for annulment in 2003, the court granted the annulment in 2004 and yet the final decision from the Sol Gen has not been given yet, is this normal. What are the documentations for which my friend can ask from her lawyer to ensure that the later have trully filed the case and truly there was already a court decision for this.
Best regards,
kakay
Kakay / Dana Mellisa,
I believe both of your concerns are addressed in another topic in this Forum – here. Good luck!
hello there…i am so much interested in this issues that you are providing us,in such a way we ourselves are so much into it.My case is really petrifying because i really want to end my marriage with my husband wich is I really don’t know where to start and how to do it.He is alcoholic and a weed user which really caused me to worry so much and I am here in canada now that I eally hear issues about him which really petrifies me.We have a 7 year old son and is leaving with him together with my inlaws.I went back home for two months there in the Philippines lately Feb-April and it is really so disturbing because when he is drunk and get high with drugs-its very uncosiderrable in my side and very much unfair on my part.The main point here now is I really want to end my marriage with him-boldly and legally,but I just dont know how to start.This has been the problems that occurs me since the beginning,I married him because there is a sexual affair happens between us which we end up get marry but as my father had told me before that it is very wrong to risk the capacity to decide that way.If you could consider my situation and give me some advise will be very much valued and appreaciated.Thanks and more power.
part two: We have been married for more than seven years,I am a woman who really values the power of being submissive to my husband with all of my heart and soul supposedly but our situation really can’t keep me to live in this situation anymore and it is unbearable.I really feel I dont love him anymore and that is why there is no point keeping me to save this marriage work out.I tried so hard to keep our marriage but I am so much decided now to end it.I can no longer take risks in the future,me being not there is very much disturbing.Me being here abroad, I almost get derranged thinking about how to get off this mess.I am so much concerned to get my son out of him obviously.When I took my vacation there in the Philippines recently my mother-in-law even told me things which serves me as an encouragement to push thru in ending up this marriage”PLease be patient for now,never mind about him…all you have to do now is to think of your son’s future.You can get your son with you even without him”(that’s what my mother in law told me).We even try to talk to him to bring him to the rehabilitation center but he refuses.There are couple of times also that my husband told me that we should seperate.The thing he utters this words everytime he is not normal means he is drunk that when i get all these words from him.Which is for me very unfair because I want it to be done accordingly with legal process but not by words alone.He is very unaware of my plans.I am very persistent now that I must end this up before it is too late for everyone. My reasons are so clear that I can’t bear and I can no longer take any possible chances that somebody might suffer this in the end if we still continue this marriage.I don’t wanna risks any of our lives,especially concerning my son. I had observed that our son is getting so affected in this that he chills and very frightened whenever my husband is drunk and I really thought there must be something behind this that I don’t know and I don’t have any idea how is it going everytime because I was’nt there to witness everything.Please save my future and my son’s future from getting out of this very traumatic situation.Your advices I desperately need.Please do give me hope.THANKS again and MORE POWER.GOD BLESS!
Ronald_james,
It’s really sad to hear marriages not working out, but it’s a reality that happens a lot. You may be aware that we can’t possibly give any legal advice here, a limitation that we make clear so as not to disappoint our community members who are seeking legal advice.
I personally share your stand that all avenues should be explored to save a marriage, although there certainly are limits. If you want to get out of a marriage that, there are a number of grounds to choose from. This is something that is properly discussed with your lawyer, as he would be in the best position to decide what’s the best ground to seek an annulment or declaration of nullity. Moreover, there are options other than filing an annulment case here, as in the case of former Filipinos, something which you could read in the pages of this Forum.
In the end, it would be presumptuous of me to give any assurance to “save [your] future and [your] son’s future from getting out of this very traumatic situation.” This is something you should (and can) do.
Good luck and God bless.
atty. fred:
Thank you very and now I have hints how to get my queries in a way that it suppose to be.Well, so far I have read those grounds in the annulment and seperation coverage and have given me diversity of actions.It is sad that I do not know how to reach those people who can really make this steps posible for me.Is there anyone you know or colleagues here in vancouver canada whom you can refer to me?whom I can ask for counselling or to a lawyer whom I can make process my case?I will be going back to Philippines somewhat in April next year-is there any person whom I can collaborate with there?Such public issues like this is very helpful to the masses and I really value your time attending to us.You are one of a GREAT PUBLIC SERVANT!!More power!I would be always keeping in touch with all the answers to all of my queries,Thanks again in advance.GOD BLESS!
Pamela, the apparent unfairness of Art. 26 is that the Filipino spouse could not initiate the divorce even if the foreign spouse is doing things that would ordinarily be a ground for divorce abroad. This may be unfair, as it may be true that the foreign spouse is guilty of so many things that would considered as grounds for divorce (other than no-fault divorce). However, this “unfairness” is just a recognition of the fact that Filipinos are not allowed to get a divorce. Nevertheless, annulment or declaration of nullity may always be secured here in the Philippines, although it’s not as easy as divorce procedures. The fallback position is Article 36 (psychological incapacity).
I’m not really sure if that divorce will be recognized in the U.S, but perhaps we can post the information here should we confirm it. The rest of your queries are addressed in other posts in this Forum. Perhaps you can start with Part II of this Q&A (see the link at the last part of the article) or you could read further here:
http://pnl-law.com/blog/costs-in-seeking-an-annulment/
Ronald_James, will let you know if I find someone in Vancouver who could assist you (as annnulment may be filed even if you are abroad). Anyway, you could always call our office when you take your vacation in the Philippines.
Good luck to both of you.