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.
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).
I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.
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)
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.
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.
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. It doesn’t matter if the spouses lived apart or did not see each other for 2, 10, 20 or more years. 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.
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.
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.
Update: Browse through the comments below to check if your questions are similar to that of others. Other common issues are consolidated in Part II or in Costs in seeking an Annulment.
Also posted at the Philippine e-Legal Forum.
- Annulment in the Philippines: Questions and Answers (Part 3)
- Annulment in the Philippines (Questions and Answers Part 5): Overseas Filipinos Edition
- Annulment in the Philippines: Questions and Answers (Part II)
- Questions and Answers: Annulment in the Philippines (Part 4)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
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at hindi din po nag attend ang sister ko sa bawat hearing nila.ma annul po ba ang kasal nila kahit wala pong pinirmahan na kahit ano ang sister ko?
Sir, I got married at the age of 20, year 2000, we got 3 kids. But were not living together now for the past 4 years, but I’m still having a chance to see my kids once in a while. Meaning we still have communication but just for our kids. Is there any grounds that can be used to annul our marriage. If I’m the one who will file an annulment? I’m living with someone now and we also have a daughter. Thanks.
Hi Sir Ask ko lang po ano po ang chances na ma annull ang marriage ko with my Husband..palagi na km nagtatalo , infedelity d na km magkasundo d ko na kayang magtiis may 1 kaming anak Boy 2 yr old…seaman po cya , ANO PO BA ANG DAPAT KONG gAWin , cno po ang dapat magfile and mga magkano po usually magagastos sa annulment case…Thanks
my husband doesnt communicate to us for the past 8yrs, i was informed he has a new family in singapore. I checked sa NSO our marriage cert.it was the same name as ours but the other information like age,bday,parents and date of marriage are not true,i tried to check from the place where we married, they said they forwarded it to NSO then when NSO confirmed they gave me now a certificate :negative for marriage, that we need to do late registration. my point is i want this marriage nullified since from the start what is registered are false claims , from NSO we dont have a marriage can this applied for NULLITY of Marriage,pls help.
ask ko lng po if pwede pa anul ung marriage ko, 3yrs n po kami kasal’ at pareho nmn po kami d masaya’, d n po kami ngkakasundo ng asawa ko nasa ibang bansa po cya’, lagi po kami ng aaway kahit nung nandito cya p cya s pinas, nun umalis po cya ng pinas 3 mos nya ako d pinadlhan tas nun ng decide n ako makipaghiwaly s knya tsaka lng cya ngpadala, tas isimusumbat lng nmn nya skin ung pinadadala nya,. ayoko n pong makisama s knya wla dn nm po kami anak, ano po b dapt kong gawin, mgkanu po nggagastos s anulment at ilng bywan ang process po nya.,, thanks
Atty. Fred I hope you can help me. I filed a case to my husband, a nullity of marriage in 2oo6. Now my problem Atty fred he no longer lived in the place where they sent a notice of hearing for him. He lives with his cousin who always the one who signed it. The clerk of court told me that all the letters sent to him were all returned and with a note move out since 2009. We already presented witnesses and documents and have submitted the final offer of evidence in 2010. With regards to our hearing last feb 24 2011. The judge now who took over that branch want us to send him a letter of appearance ( the previous judge had been replace or promoted for another position just last year). My husband is here in mla working but have no knowledge of his whereabout. I even send his brother msg in facebook to tell me his whereabout or to just accept the letter to be mail to him by the court so the case meet it’s final end. But no response at all. Clearly, he doesn’t to be involved. What I’am thinking right now is to send the letter instead in Bicol his mother will receive it and advertise it in the news paper. I really need your advice since our next hearing is schedule on march 24, 2011.
hi gud day hingi lng po ako advice s case ko. ako po ay npakasal ng ndi oras noong jan 15 2010 and feb 10 2010 wla p po 1month kmi kasal eh umalis nko ng pinas at way un pra malayo ako s knya kasi ayw ko nga po tlga s knya. never po kmi nag sama nun npksal skin.. 1 week plng ako workabroad nag declare npo agad ako s knya ng hiwaly na meaning wla pa po 2months kmi kasal eh gusto ko n po mg hiwaly kmi. kc nga po ayw ko s knya as in ayw ko tlga na bigla lng ako s desisyon ko pgpapaksal s knya wla po kmi anak sinabi nya lng po n buntis sya kya npakasal ako sa knya pero wla po tlga kmi naging anak.. ngaun po ay mhigit 1 yr n kmi wla communication mula nun umalis ako ng pinas ayoko n po mkipg communicate s knya…
pina check ko po un name ko s CENOMAR at lumabs ay merried n nga tlga ako ng legal…
need ko po ang advice ng atty kun papanu ko ma fixed ito porblem ko na ito sa ngaun po ay desisdido n po tlga ako n mkipg hiwaly ayw ko po tlga s knya sa madaling salita PINIKOT nya lng po ako at totoo po tlga un..
29yrs old po ako ngaun ay ung future ko iniisip ko matino ho ako tao at gusto ko maikasal ako sa babaeng minamahal ko tlga…
hi gud day hingi lng po ako advice s case ko. ako po ay npakasal ng ndi oras noong jan 15 2010 at noong din feb 10 2010 ay malis nko ng pinas wla p po 1month kmi kasal eh umalis nko ng pinas at way un pra malayo ako s knya kasi ayw ko nga po tlga s knya. never po kmi nag sama nun npksal skin.. 1 week plng ako workabroad nag declare npo agad ako s knya ng hiwaly na meaning wla pa po 2months kmi kasal eh gusto ko n po mg hiwaly kmi. kc nga po ayw ko s knya as in ayw ko tlga na bigla lng ako s desisyon ko pgpapaksal s knya wla po kmi anak sinabi nya lng po n buntis sya kya npakasal ako sa knya pero wla po tlga kmi naging anak.. ngaun po ay mhigit 1 yr n kmi wla communication mula nun umalis ako ng pinas ayoko n po mkipg communicate s knya…
pina check ko po un name ko s CENOMAR at lumabs ay merried n nga tlga ako ng legal…
need ko po ang advice ng atty kun papanu ko ma fixed ito porblem ko na ito sa ngaun po ay desisdido n po tlga ako n mkipg hiwaly ayw ko po tlga s knya sa madaling salita PINIKOT nya lng po ako at totoo po tlga un..
29yrs old po ako ngaun ay ung future ko iniisip ko matino ho ako tao at gusto ko maikasal ako sa babaeng minamahal ko tlga…
dear sir, I would like to raise a question if my marriage is null and void…I got married at the age of 27 at my ex hometown. 5 years ago I left him due to several reasons. and Im planning to file my annulment. Is my marriage valid if my marriage license was issued 1o days after my marriage? Can I use this as a ground for my annulment? thnx …and more power!
atty: my father and mother has been married in the phils. my father went to the states and got his us citizenship. after several years he went back home (phils.) and got married to a filipina. my mother is still very much alive. he brought his new wife to the states and they are now living thee with their son. my father insists that my mother signed a divorce paper here in the phils and sent it to him in the states, thus his becoming single and free to marry. is my father’s second marriage bigamous? what can we do? please enlighten ms. thank you. -anita
hi po atty. ask ko lang kasi im married for 7 years pero since po ng nag pakasal kami eh di kami nag sama at wala ng communication hanggang ngaun.. pero meron akong boyfriend gusto namin mag pakasal ngaun. anu po ang dapat namin gawin at ang unang marriage namin eh di successful. sana po matulungan nyo ako
Hi atty.I am secretly married last November 2000.That time i am in college.wre not living together as a husband and wife cos my family didnt know about this, till i finish my college and i found job,wre treating like girl friend and boyfriend only.At year ,2006 i go out country to found a job,few months only we have communication, then from 2007 till now 2011 we dont have any communication and im still here outside country.I want to separate with him coz no love at all and he dont have permanent job. we dont have baby also.if i want to file an annulment, what will i do first?Thanks
Good day! kasal po ako sa pinas at may anak .Matagal na kaming walang communication sa asawa ko almost 7 years kc may pamilya nrin cia sa iba.Nakapag-asawa po ako dito sa Kawait ng Egyptian,tanong ko lang po kung pwede po ba ako makulong kung magreklamo ang kapatid ng asawa kung Egyptian sa Pulis ng Kuwait at Philippine Embassy.Nagpakasal nman kami sa Kuwait Law.Hindi kami nagpakasal sa Phil Embassy of Kuwait.Thank you and God Bless
Good day Sir, I am secretly married for less than a year only and we live together now happy and contented. my problem are i think my marriage is void (i am not sure) because we didnt comply with proper requirements for marriage. We just went to city hall and the solemnizing officer told us that will process all the documents. we really love each other that’s why we did the secret marriage thing because my husband’s family are not ready. I think we dont have marriage license or the marriage that they issued to us was belong to someone else. we can we do to make our marriage valid? fyi we secured marriage certificate from nso. thank you. Godbless
gud day…ako po si bamel..i just wann haev ur advise with regards to my case.my husband is a muslim,we’re married and we have 2 kids 15 and 12 now.my husband went to kuwait to work as a agility driver.he worked in kuwait and we dont have access to him,and he didnt even sent us money for his financial support for his kids.recently,i heard information that his already married to a christian woman and there married was in muslim rites.when i heard that info about him,i was very shocked,he married for 2nd time with out my consent as a legal wife,and he didnt give any financial support at all until now.i will just ask if i have the right to demand for his financial support for our kids coz its been a long time i raised our kids on my own.i dnt have work either.im planning to summoned him in shariah court for him to give amonthly financial support to his 2 son.i will not sue him for my own interest,just for giving financial support coz im having really a hard time raising my kids coz they are all in high school now..om hoping for ur great advise towards this problem of mine.thank you