Category Archives: Family Law

How Many Years Before a Marriage becomes Void in the Philippines?

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There are a number of articles in this Forum discussing the legal reality that a marriage, no matter how may years the spouses are apart or separated, remains valid under the laws of the Philippines. The questions, however, keep pouring in. After how many years of separation is a marriage annulled? If married but separated for 10 years, is the marriage void? Does the marriage become invalid after 7 years of separation? Can I remarry if my husband abandoned us?

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Obligation to Give Support Remains until Marriage is Nullified or Declared Void

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Can a spouse ask for support from the other spouse even if they have been separated for years? The short answer is “yes.” The obligation to give support, as an incident of marriage, is expressly provided by law. Article 68 of the Family Code provides that the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

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Residence: Guidelines to Validate Compliance with Jurisdictional Requirement (Annulment, Declaration of Nullity, Legal Separation)

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Venue, or in which city or province the petition must be filed, is one of the matters covered in the relevant procedures for legal separation or annulment/declaration of nullity. The venue in these petitions is the place of residence of either the petitioner (spouse who filed the petition) or respondent (the other spouse), at the option of the petitioner. The Supreme Court has issued a set stricter guidelines when it comes to venue. 

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Steps/Procedure in Legal Separation Cases

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When filing a petition for legal separation, the petitioner-spouse must consider a number of factors. One, there must be a ground for legal separation (see Grounds for Legal Separation), which is different from the grounds for annulment or declaration of nullity (see Grounds for Annulment and Grounds for Declaration of Nullity). Two, legal separation does not result to the dissolution of marriage, which means that none of the spouses can remarry even if the petition is granted. Three, the procedure for legal separation is different from that of annulment or declaration of nullity (see Procedure for Annulment or Declaration of Nullity), but the duration and costs are comparably the same. The procedure for legal separation, based on A.M. No. 02-11-11-SC dated 4 March 2003, is discussed below.

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Irreconcilable Differences: Not a Ground for Declaration of Nullity of Marriage in the Philippines

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There is a spike in divorce applications in other countries as a result of the COVID-19 lockdown, reports say. The apparent reasons cited include clash of personalities, arguments and irreconcilable differences that resulted after weeks of being forced close together under one roof. The Philippines is also on lockdown, but the similarity ends there — divorce is not allowed (but may be recognized) in this jurisdiction and the ground of irreconcilable differences is not expressly included in the grounds for legal separation, annulment, or declaration of nullity.

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Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse

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Divorce is not allowed under Philippine laws, a prohibition which attaches, based on the nationality principle, to Filipinos wherever they may go anywhere in the world. Divorce bills have been filed in Congress through the years, but there seems to be no earnest interest in tackling it. Nevertheless, Philippine laws do recognize the fact of divorce. 

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Psychological Incapacity: Basic Guidelines (Declaration of Nullity of Marriage in the Philippines)

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The Family Code does not define the term “psychological incapacity” (Article 36). This provision is deliberately broad. The Supreme Court noted in  the 1995 case of Santos that based on the deliberations of the committee on the Family Code Revision, the provision is designed “to allow some resiliency in its application”. In Santos, the Supreme Court first declared that psychological incapacity is characterized by the following:

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Expert Witnesses in Psychological Incapacity Cases (Article 36, Family Code of the Philippines)

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Successfully prosecuting a case for declaration of nullity of marriage based on the ground of psychological incapacity (Article 36, Family Code) is not easy. Among the requirements, set out in the Molina case, is that the root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

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