The Philippines is well-known for being one of the few countries where absolute divorce remains unavailable for the majority of its citizens. However, the law provides specific mechanisms for couples to part ways. Understanding the distinctions between these legal paths is essential for anyone seeking to change their marital status.
The Three Ways to Legally Part Ways
Under the Family Code of the Philippines, couples generally have three primary legal routes to address a broken marriage:
Legal Separation: Allows spouses to live apart but does not end the marriage.
Annulment: Voids a marriage that was valid at the start but had a "defect" (like fraud or lack of consent) at the time of the wedding.
Declaration of Nullity: Declares that the marriage was void from the very beginning (such as bigamous or incestuous marriages).
Annulment vs. Declaration of Nullity
While often used interchangeably, these are distinct. An Annulment applies to "voidable" marriages—those that are valid until a court sets them aside due to specific defects existing at the time of celebration. In contrast, a Declaration of Absolute Nullity applies to marriages that are "void ab initio" (void from the beginning). In the eyes of the law, a void marriage never existed, whereas an annulled marriage is considered to have existed only until the decree was issued.
Grounds for Annulment and Psychological Incapacity
Common grounds for Annulment include lack of parental consent (for those aged 18–21), fraud, force or intimidation, physical inability to consummate the marriage, and serious incurable sexually transmitted diseases.
One of the most frequently cited grounds for What is the difference between Annulment and Declaration of Nullity? a Declaration of Nullity is Psychological Incapacity under Article 36. This refers to a person's "personality structure" that makes it impossible for them to comply with essential marital obligations—such as mutual love, respect, and support. Recent Supreme Court rulings (notably Tan-Andal v. Andal) have clarified that this is a legal, not a medical, Can I file for Legal Separation if my spouse is unfaithful? concept. It does not require a clinical diagnosis of a personality disorder but must be proven to be grave, enduring, and rooted in the person's history before the marriage.
Legal Separation: Can You Remarry?
A common misconception is that Legal Separation allows for remarriage. It does not. Legal separation only grants "separation of bed and board." The marital bond remains intact, meaning neither spouse can marry someone else. If a legally separated person remarries, they can be charged with bigamy.
However, you can file for legal separation if your spouse is unfaithful. Sexual infidelity What is the difference between Annulment and Declaration of Nullity? one of the ten specific grounds for legal separation under Article 55. Other grounds include repeated physical violence, abandonment for more than one year, and drug addiction.
Property and Children
During a legal separation, the court oversees the dissolution of the absolute community or conjugal partnership. Properties are divided, and the "offending spouse" may lose their right to a share of the net profits. Regarding children, the court determines custody based on the "best interest of the child" standard. Usually, children under seven years old stay with the mother unless she is proven unfit.
Conclusion
For non-Muslim Filipinos, absolute divorce is currently not legal. While legislation has been proposed in Congress, the only ways to terminate the marital bond completely are through Annulment or Declaration of Nullity. Legal separation remains a secondary option for those who wish to live apart and protect their assets without fully dissolving the marriage.
The Three Ways to Legally Part Ways
Under the Family Code of the Philippines, couples generally have three primary legal routes to address a broken marriage:
Legal Separation: Allows spouses to live apart but does not end the marriage.
Annulment: Voids a marriage that was valid at the start but had a "defect" (like fraud or lack of consent) at the time of the wedding.
Declaration of Nullity: Declares that the marriage was void from the very beginning (such as bigamous or incestuous marriages).
Annulment vs. Declaration of Nullity
While often used interchangeably, these are distinct. An Annulment applies to "voidable" marriages—those that are valid until a court sets them aside due to specific defects existing at the time of celebration. In contrast, a Declaration of Absolute Nullity applies to marriages that are "void ab initio" (void from the beginning). In the eyes of the law, a void marriage never existed, whereas an annulled marriage is considered to have existed only until the decree was issued.
Grounds for Annulment and Psychological Incapacity
Common grounds for Annulment include lack of parental consent (for those aged 18–21), fraud, force or intimidation, physical inability to consummate the marriage, and serious incurable sexually transmitted diseases.
One of the most frequently cited grounds for What is the difference between Annulment and Declaration of Nullity? a Declaration of Nullity is Psychological Incapacity under Article 36. This refers to a person's "personality structure" that makes it impossible for them to comply with essential marital obligations—such as mutual love, respect, and support. Recent Supreme Court rulings (notably Tan-Andal v. Andal) have clarified that this is a legal, not a medical, Can I file for Legal Separation if my spouse is unfaithful? concept. It does not require a clinical diagnosis of a personality disorder but must be proven to be grave, enduring, and rooted in the person's history before the marriage.
Legal Separation: Can You Remarry?
A common misconception is that Legal Separation allows for remarriage. It does not. Legal separation only grants "separation of bed and board." The marital bond remains intact, meaning neither spouse can marry someone else. If a legally separated person remarries, they can be charged with bigamy.
However, you can file for legal separation if your spouse is unfaithful. Sexual infidelity What is the difference between Annulment and Declaration of Nullity? one of the ten specific grounds for legal separation under Article 55. Other grounds include repeated physical violence, abandonment for more than one year, and drug addiction.
Property and Children
During a legal separation, the court oversees the dissolution of the absolute community or conjugal partnership. Properties are divided, and the "offending spouse" may lose their right to a share of the net profits. Regarding children, the court determines custody based on the "best interest of the child" standard. Usually, children under seven years old stay with the mother unless she is proven unfit.
Conclusion
For non-Muslim Filipinos, absolute divorce is currently not legal. While legislation has been proposed in Congress, the only ways to terminate the marital bond completely are through Annulment or Declaration of Nullity. Legal separation remains a secondary option for those who wish to live apart and protect their assets without fully dissolving the marriage.