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Annulment, nullity or legal separation: what is the difference?

The Philippines has no general divorce law, so couples who separate have three different routes. They have different grounds and different results.

Declaration of nullity

Some marriages are void from the start: for example, where one spouse was already married, or where a spouse was psychologically incapacitated to meet the essential obligations of marriage under Article 36 of the Family Code. A court declares the marriage void, and both spouses may marry again.

Annulment

Other marriages are valid until annulled, because of a defect at the time of the wedding: lack of parental consent for a spouse aged 18 to 21, fraud, force, or an incurable illness or condition the other spouse did not know about. Each ground has its own deadline for filing.

Legal separation

Legal separation lets spouses live apart and divides their property, but the marriage continues. Neither spouse may marry again. Grounds include repeated violence, abandonment and infidelity.

Recognition of a foreign divorce

If a foreign spouse obtained a valid divorce abroad, the Filipino spouse can ask a Philippine court to recognise it, and may then remarry. Since 2018 the courts also recognise divorces obtained by the Filipino spouse when the other spouse is a foreigner.

How long it takes

Court cases usually take one to three years, depending on the court and on whether the other spouse contests. Custody and support can be agreed earlier, often in mediation, while the main case continues.

What happens to property and children

When a marriage is declared void or annulled, the property regime is liquidated and the presumptive legitimes of the children are delivered to them. Children of an annulled marriage, and children conceived before a declaration of nullity under Article 36, remain legitimate. Custody of children under seven generally stays with the mother unless the court finds compelling reasons otherwise.

What you will need

Expect to provide the marriage certificate, the children’s birth certificates, proof of residence, and documents and witnesses that support the ground you rely on. For psychological incapacity, the court looks at the whole history of the marriage; a psychologist’s report helps but is not strictly required since the Supreme Court’s 2021 decision in Tan-Andal v. Andal.

Talk to each other first, if you can

Spouses who agree on custody, support and property spend less time in court and less money on it. We can draft those agreements even while the main case runs.

This guide is general information, not legal advice. Your situation decides which route is open to you.

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