Is there Divorce in the Philippines?
As a general rule, Divorce is not allowed in the Philippines. The only exception is when there is a Judicial Recognition of a Foreign Divorce–when a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to marry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law. in any wedding venue in the Philippines.
Is declaring the nullity of a marriage different from annulment?
Yes. A declaration of nullity of marriage applies to marriages which are void. Void Marriages are considered as having never been taken place, they are void from the very beginning. On the other hand, Annulment applies to a marriage that is valid until otherwise declared by the court annulled.
What is the difference between Declaration of Nullity, Annulment, and Legal Separation?
Declaration of Nullity refers to a legal process wherein a marriage is declared null and void, as if it never existed. It is based on the grounds that the marriage is void from the beginning.
Annulment is a legal process that declares a valid marriage as null and void. Unlike a declaration of nullity, an annulment acknowledges the existence of a valid marriage but renders it as if it never happened.
Legal Separation is a legal remedy that allows married couples to live separately without dissolving the marriage. It does not terminate the marital bond, but it grants the parties the right to live separately from each other.
What are the grounds to declare the nullity of a marriage?
- Absence of the Essential Requisites of Marriage – Consent and Legal Capacity of the Parties
- Bigamous Marriages
- Incestuous Marriages
- Psychological Incapacity
What is Psychological Incapacity?
Psychological Incapacity contemplates the incapacity to perform the basic marital obligations. The said incapacity must be grave enough to be the cause of the party’s inability to assume the essential obligations of marriage. This inability should not be a mere refusal, neglect, or difficulty to perform such obligations. The root cause of the incapacity must be medically proven and must be shown to be medically or clinically incurable, such root cause must be identified as psychological illness. Each case of Psychological Incapacity is to be treated differently.
What are the Essential Marital Obligations?
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.
What are the grounds for a marriage to be annulled?
Article 45 of the Family Code provides that a marriage may be annulled for any of the following causes, existing at the time of the marriage:
- Lack of Parental Consent
- Consent was obtained thru Fraud
- Consent was obtained thru Force, Intimidation, and Undue Influence
- Impotence or physical incapacity
- Sexually Transmitted Diseases (STDs)
What is Legal Separation?
A decree of legal separation is nothing more than bed-and-board separation of the spouses. The marital ties are not severed; hence the parties cannot remarry. Check lotto results today.
What are the grounds for Legal Separation?
Article 55 of the Family Code provides that a petition for legal separation may be filed on any of the following grounds:
- Repeated physical violence or grossly abusive conduct
- Physical violence to compel the petitioner to change religious or political affiliation
- Attempt of respondent to corrupt or induce to engage in prostitution
- Imprisonment of more than six years
- Drug addiction or habitual alcoholism of the respondent;
- Lesbianism or homosexuality of the respondent
- Contracting by the respondent of a subsequent bigamous marriage
- Sexual infidelity or perversion
- Attempt by the respondent against the life of the petitioner
- Abandonment of petitioner by respondent without justifiable cause for more than one year.
How do I file for Declaration of Nullity or Annulment?
To file for declaration of nullity or annulment, you need to hire a lawyer and file a petition in the Regional Trial Court where you or your spouse resides. The process involves submitting required documents, attending hearings, and presenting evidence to support your case.
How long does the process take?
The duration varies but can take several months to a few years. It depends on the complexity of the case, court backlog, and the cooperation of both parties.
Can a marriage be annulled if both parties agree?
Yes, mutual consent can be a ground for annulment. Both parties must file a joint petition, stating the grounds for annulment and the terms of their agreement.
What is the effect of a Declaration of Nullity or Annulment?
Once a marriage is declared null and void or annulled, it is considered legally invalid. Both parties are free to remarry. Lotto results today.
Can a legally separated person remarry?
No, legal separation does not allow the parties to remarry. It only grants the right to live separately.
Can foreign nationals file for Nullity, Annulment, or Legal Separation in the Philippines?
Yes, foreigners married to Filipinos or other foreigners can file for nullity, annulment, or legal separation in the Philippines if they meet the legal requirements.