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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hi atty!
pano ko kaya malalaman if may warrant of arrest kmi ng wife ko now? Actually, Im a muslim now and married to a muslim too and we have a son.. but before that po married ako sa catholic, kaso nagkaroon kmi ng problema at isa pa parang wla rin nmn akong asawa ko coz pabalik balik xa ng japan as a (gro)kahit anong pigil ko na wag xang umalis ayaw nyang makinig.. magkakaanak sana kmi kaso pinalaglag nya coz importante sa knya ang pagjajapan.. Now nandito n nmn xa sa pinas at cnasabing may warrant of arrest kmi di nya lang alam kung san kmi nakatira pero nlaman nya na bday ng anak ko sa feb. 28 pati lugar so dun daw nya kmi pupuntahan kasama ng mga pulis… Gusto ko man po ipaannul ang marriage namin kaso ho wala pa kming panggastos.. Ano po kaya ang dpat naming gawin? totoo po kaya na may warrant of arrest kmi? naaawa po kc ako sa anak ko first bday nya tpos if ever man na totoo yun bka magkagulo sa party… Marami po kcng pera na yung ex ko eh.. please atty. i need your reply soon.. tnx po!
Hello Atty,
Me and my wife have been married for more than two years now and we have two kids. However, in more than two years of marriage, we’ve only had sex very frequently. I have my needs as a man and my wife is incapable of meeting my specific need in bed.
I am thinking of filing a petition for annulment of our marriage. In line with this, I would like to ask how to prove in court a failure to consummate a marriage. Do we need a certificate from a doctor?
Please advise.
Thank you very much.
Hi Atty,
I’ve been reading your blog for over a week now as I was searching for information regarding annulment in the Philippines. I should first congratulate you on your advocacy on sharing the information to the public on the said topic. It is really great that people in-the-know can share such vital information to those who are kept in the dark. Might I be allowed to inquire on a case of my friend and her problems with the US embassy. Since she’s a native of the Visayas Region. I’ve been tasked to represent her in her dealings with the Veterans Affairs Office and Social Security Admin. of the Embassy. She is filing for her claims as the legal widow of a US Navy Veteran (Fil-am) who passed away sometime in 2007. She has been repeatedly denied by the processing officers of the different departments or branches that apply to her case as the surviving spouse.
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Here is an account of her life story in a nutshell;
* Married with first husband in Guimaras on May 1991 at the age of 25. They begot 2 sons before this marriage
* First husband leaves her in Oct 1991 (a few months after the marriage) to allegedy look for work. Husband never came back. Whereabouts unknown. Which prompts her to go back to her hometown Himamaylan with her boys.
* Meets and falls in love with US Veteran who retired in the Philippines in 1998, thereby plans of marriage was arranged with some legal advice.
.* Marries Veteran in 2005
* She files summary proceedings for declaration of presumptive death in 2005
* Social case study report shows that first husband is alive and well living with another woman and bearing 5 more children.
* Withdraws petition of presumptive death in 2006 and moves to file a petition for annulment of marriage and /or absolute declaration of nullity of marriage.
* US Veteran goes back to US for medical check up in 2006 (it was during the time of 2005 to 2006 when Veteran petition her as an immigrant but was denied)
* US Veteran succumbs to death from health complications in 2007 (But kept waiting for her for a chance to be approved by the embassy for her immigrant petition)
* Final Declaration of absolute nullity (void ab initio) came out in 2008
* Began applying for her claims as surviving spouse in 2008 and was denied.
* Moves for her right to appeal decision for a reconsideration in 2009.
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Of course, there are presumably other indicidents not mentioned in this scenario since I am only basing it on the documents left to me and but the narrative accounts of my friend.
My inquiry is on the reason by which the embassy based their decision of their denial. Which is in Art 40 it says…”that the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
At first, I had thought to agree with their decision. But ater reading ang analyzing the situation, I had come to suppose that the Articles 41 and 42 of the Family code is more applicable to their case. Kindly correct my theories:
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1. That article 40 states some kind of a regulation and not the explanation to my friends situation.(Just like saying…before you can build a house, you should complete a 4 year course in architecture. But what if I completed the course in three years since my school was tri-mestral?)
2. That article 41 begins with…that a marriage contracted by any person during subsistence of a previous marriage shall be null and void, (is a paraphrase of Art 40 being it’s conclusion, thus Art 40 is summarized in article 41. But it goes on to say that…)unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under Article 41, the spouse present should file a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
3. That her filing of the presumptive death (spec proc no 429) was satisfied in Art 41.
4. That Art 42 continues to say that…The subsequent marriage shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio.
(The social welfare officer reported that first husband was alive and well with a new wife and 5 children. Thereby prompting her to withdraw her petition for presumptive death and move to file for annulment based on art. 36 (psychological incapacity and abandonment in art. 68. Thus final declaration of nullity – void ab initio was declared thereafter)
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
(That there was no move by the first husband to record an affidavit of reappearance at the local civil registry)
5. That all the burden of proof required by Articles 41 and 42 were met and satisfied by the petitioner in the legal sense.
6. That therefore, Article 40 is not applicable to her case and thus should not be the basis of their denial. If anything, Article 40 is already precluded in the openining statement of Article 41 as a paraphrased conclusion and meaning the same thing.
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Of course again, I am only perceiving this through my logic but since I am not schooled with law, I would like to know of your legal opinions on this. This will help us decide whether to accept the embassy’s strong belief in their decision or to resiliently pursue this matter based on our simple yet logical understanding of the interpretation of the Family Code.
I thank you in advance.
Good day atty,
I am planning to file for an annulment next week. I got married for the wrong reasons and I was forced to marry my husband. We are not living together since we got married sept 2007. We never had sexual contact since the day we got married because I could not do it for I don’t love him and I am a bisexual. He agreed to file the annulment but I am thinking of a valid reason yet. I just don’t want to spend for nothing. I want to make sure because since I married him, I have lived a miserable life, I want to be happy again but that does not mean I have the intention to get married to another. I would really appreciate if you could reply. Thank you.
hello atty,
been married for 2 years na then my husband decided a maghiwalay na kami since wala na daw cyang love na nararamdaman sa akin ano po mga mga rights ko? then last year nalaman ko na nagpakasal cya sa huwes dun sa babaeng nabuntis nya…can i sue them? pero and2 po kami sa ibang bansa…we got married sa pinas sa huwes din so with the other girl…ano po ba ang pwede kong gawin?
thanks & more power po…
Hi Atty Fred, I would like to ask if a husband could file nullity of marriage if the wife had a baby with another man and she is outside Philippines. Thank you in advance for your reply.
attorney ask ku lng kung void po b ang marriage kung considred itong rush marraige?? kc po wala pong posting s city hall un marriage namin..kung baga eh within 1 day lng po naprocess although may mga witnesses pong dumating and nakaregister n po s nso un marriage na naganap..tnx
dear atty. fred,
i am charina married for 15 yrs, but not happily i’ve read your article and found out that my husband is having a psychological incapacity, i just want to make sure to strenghten my case incase i file it… its been a long time i’ve been suffering from emotional distress from him… and i think it’s been time to end things between us… where can i get a free legal advice for emotionally battered wife?
thank you…
Good afternoon … i’m marreid to american.. i’m not supported goood. if my husband is here in Philippines he didnt gave me money.. he just stay here Phils for two months only and go back to Phils.. while my husband in america i was tempted to a filipinoy guy and we have affair.. when my husband come he heard from our neighbor that i have other guy. i admit to him.. now my husband file a annulment without my consent…i just heard to my friend that he put in newspaper..
my questions is can i have the right for our property .. eventhought i sign quitclaim in our property. coz i’m scared that he will put me in jail… it bordered so much….
waiting your reply.. thank you…
Dear Atty. Fred,
I would like to ask about my case. I married my husband last April 5, 1995, I was his second wife. That time I didn’t know about our laws because it so happened that he only got a divorce papers from his first marriage dated 1985 so I taught it was okay and good as legal. He married his first wife last June 20, 1983 and his wife went to America July 10, 1983 and became an American citizen.His wife send a divorce papers last 1985 of which my husband signed and his wife send the copy of dissolution of marriage from the court of law in the US. They don’t have a communication for 24 years and his wife already have a famiy in the US. I cannot process the papers of my children because our marriage is not registered in NSO, the one registered is his first marriage. Please help me what to do to cancel his first marriage and legalize ours. We got married by civil ceremony. His ex-wife is no longer live in Philippines. Please advise me what to do. Will I spend a lot of money for this? how much?
Sincerely yours,
Mary Rose Reyes