Length of Time when Husband and Wife are Separated Does not Automatically Nullify Marriage

Experience makes you, well, really old. It also makes you realize a couple of things — like people asking a question that was asked and answered before. It’s human nature, I guess, and it would be ok if we have all the time in the world to sift through questions (again, sorry if I rarely reply to questions). We recently received this query: “Can a married man re-marry after 10 yrs. separation?” You helpful folks out there must have noticed that this question, and shades thereof, had been asked so many times before. This is tackled in our previous discussion:

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.

I also realized that it would probably be better to have a single question per post (not a single TOPIC per post, because a single topic could give birth to so many questions). So, moving forward, let’s take this route.

Going back to the question, the mere fact of separation between the spouses, also labelled as de facto separation, does NOT automatically allow both husband and wife to remarry. The interested party has to go through the proper procedure allowing him/her to remarry. That “proper procedure” could take different forms (for example:  annulment, declaration of nullity, recognition of foreign divorce, presumptive death). The appropriate procedure or remedy is best discussed with your retained counsel because only he/she can probe the details of your case.

4 Comments

Filed under Family Law

4 Responses to Length of Time when Husband and Wife are Separated Does not Automatically Nullify Marriage

  1. janette

    Good day…sir,13 yrs na pong hiwalay yung bf ko sa ex wife nya and nakapag asawa na po yung ex wife nya ng iba…na meet ko po bf ko,almost 7 yrs na cilang hwalay at may iba ng pamilya yung ex wife nya…sa ngyon po nagsasama na kami ng bf ko and meron na po kaming 4 year old baby…ano po dapat namin gawin para maging legal pagsasama namin….meron po bang hindi lang magastos na pamamaraan? Salamat po and more power

  2. Robin

    Hello,my name is Robin,i am English and have a really wonderful Filipino girlfriend!She has been separated from her husband for 7 years now!I am divorced under English law and so am free to remarry!However not so easy to do under Philippines law for a Filipino apparently?Anyone can make a mistake in a marriage,its easy when we are young to see the world through rose coloured spectacles,we may focus on the sexual side,the good looks etc,there is an English saying,marry in haste,repent at leasure,we can all become guilty of that one!The example that i am now going to give is this,so as to put things into perspective.If a person commits a crime serious enough to warrant them being sent to jail for a given time period,and after their jail term has expired they are then released,they then have a second chance to go on and live a moral and straight life!Well,as far as i am aware getting married is not a crime!Getting divorced is also not a crime!So isnt it a little unfare that a criminal can be given a second chance in life whereas a Filipino person whose marriage has failed cannot?Isnt there something seriously wrong with Philippino law somewhere??Kind regards R.A.Cook,Hoorn,the Netherlands.

  3. Robin

    Hello,Robin again!
    What i am writing now is not meant to offend or pre judge!But, as i understand,essentially ,the Philippines is catholic country?Essentially,the Philippines is a country where the catholic church hold heavy sway?There are other countries also held under the same regime!I am not a catholic,but my church is also not exempt from being opressive over its members,and my churches conduct has a lot to be desired too!But,as we are dealing with the catholic church in that country,lets look a little about the conduct of the catholic church throughout its history!It has been responsible for the putting to death people for heresy(in their view)the Knights Templar comes to mind to name but one,in the country in which i now live,catholic priests have within the last two years been responsible for sexually molesting,children who were members of their congregation!A well known Arch bishop in england was found to have done the same!Itseems that this conduct by the respective churches,has essentially been brushed under the carpet!The church hierachy,they tell us are representitives of God,Would God approve of their conduct??you judge!!They in there eyes,they make no allowance for Filipino divorce,no second chance,the church hierachy of any of the churches,are tell us they are servants of God,so ,is it ok then for the servants of God to sin and yet have it all brushed under the carpet?but not its members!So ,where churches is your real love,your real compassion,your real understanding,your real forgiveness,and relise that even according to the very Bible from which you profess to preach,all have sinned ,and fall short of the glory of God.

  4. Robin

    Robin again,
    Every catholic,or every other member of their respective churches has the right to ask how their church came into being!That is the fundemental right of all human beings!Well, here i will deal with the catholic church,which essensially the religeous controller of the country of the philippines!So,how did your church come to be,and who was your founder?
    Your founder was a roman emperor,Emporer constantine,who turned to christianity in the 300s ad,and set up the beginnings of what is now catholicism in what was then Constantinople,now modern day Istanbul,Turkey.
    So,as most so called(CHRISTIAN RELIGIONS)profess,they are supposed to be followers of Christ?perhaps someone from the church will be happy to answer these questions?
    As supposedly followers of Christ,where did you get your wealth?I can see no evidence in the bible any where,where Jesus was ever dressed in fine garments,in fact,he didnt have more than the clothes on his back!I dont see anywhere where he drove in a Popemobile,and had security guards for protection!I dont see any evidence that he allowed idolatry in his worship,which you do,christmas,easter,new year,all pagan festivals,that you have allowed your church to partake in.You have gained the empire that you now have worldwide through essentially lying to your believers in your faith,with promises of going to heaven,and forgivness of sins,which only God himself can do!And,if we are all going to heaven,who will be the ones to inherit the earth,as the bible states they will?
    You as a church have an extremley black history than anyone can read and find out for themselves,so,isnt it time that with someone with so black a history as yours,you stop penalising poor Philippine people who maybe through being too young at the time to have made a sensible decision with regard to getting marrieddeserved to have that fact recognised,and that as the bible says(all have sinned,and fall short of the glory of god!(YES,EVEN YOU!),Isnt it time for the kettle to stop trying to paint the teapot black!!
    And by the way i am not a catholic,but a member of another church,also another offshoot of catholIcism,check your history people,most of them are!.

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