Tag Archives: legal separation

Grounds for Declaration of Nullity of Marriage in the Philippines

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Declaration of nullity and annulment are used interchangeably by lay people, but these two concepts are different. Declaration of nullity refers to a marriage which is void from the very beginning, while annulment refers to a marriage that is valid until annulled by a court. There are separate grounds for declaration of nullity of marriage (see below), annulment of marriage, and legal separation. The following marriages shall be void from the beginning:

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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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Reconciliation of the Spouses in Legal Separation Cases

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The Family Code explicitly provides that no legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable (Article 59). Reconciliation, therefore, is highly encouraged. The spouses may reconcile even when the petition for legal separation is pending or when a favorable judgment has been issued (see Procedure / Steps in Legal Separation Cases). In case of reconciliation, the spouses must file a joint manifestation, duly signed and under oath, in the same proceeding for legal separation.

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Essential and Formal Requisites of Marriage

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Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code.

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