Under Article 1 of the Family Code of the Philippines, marriage is defined as a special contract of permanent union between a man and a woman with the purpose of establishing a family life together. Although if a married couple wishes to legally end their marriage, annulment and divorce are two primary ways. These two concepts are often misunderstood despite being distinct from each other.
What is the Difference Between Annulment and Divorce?
In the Philippines, annulment and divorce differ in key legal aspects, especially since the country does not permit divorce for its citizens under its laws.
An annulment is a legal process that annuls a marriage. To be granted, either of the party must provide evidence based on the specified grounds under Article 45 of the Family Code of the Philippines, covering causes that existed at the time of marriage.
On the other hand, divorce is the legal dissolution of a valid marriage, allowing both parties to live separately and remarry if desired. It occurs when both parties agree to terminate their union. However, the Philippines does not allow divorce for its citizens. Despite this, the country can recognize a foreign divorce decree, meaning if a Filipino marries a foreigner and the foreign spouse obtains a divorce abroad, the Filipino party can have this divorce recognized by Philippine courts under specific conditions.
Therefore, while annulment is the main legal recourse in the Philippines, a divorce may still be recognized through a foreign divorce decree.
What are the Legal Grounds for Annulment and Divorce?
Before an annulment or divorce can be granted, either or both parties must provide grounds or reasons for initiating the judicial process. The court will consider these grounds when determining whether to approve the annulment or divorce.
Legal Grounds for Annulment
In accordance with Article 45 of the Family Code, a marriage may be annulled if one of the following legal grounds is present:
- Underage Marriage. One or both parties was too young to marry without parental consent or court approval at the time of the marriage. However, if the individual reaches the age of twenty-one (21) and chooses to still be married to the other party then this ground may no longer apply.
- Unsound Mind. If one of the parties was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
- Fraud. Either party agreed to the marriage based on deceit or false information provided by the other party.
- Forced Consent. One of the spouses was forced or threatened into the marriage and only agreed due to the threat.
- Physical Incapacity. One party is physically incapable of consummating the marriage, and this incapacity is ongoing and deemed incurable.
- Sexual Disease. Either party has a serious and incurable sexually transmitted disease that affects the marriage.
Legal Grounds for Divorce
There are two legal grounds to file divorce: no-fault and fault-based.
A no-fault divorce allows the marriage to be legally ended with neither spouse being the reason. In this regard, “irreconcilable differences” are cited as the reason under this ground. Additionally, this does not require either party to specify the nature of these differences.
On the other hand, a fault-based divorce requires one spouse to provide sufficient evidence of specific grounds, such as:
- Adultery. One or both spouses engages in sexual relationships with others outside the marriage.
- Desertion. Either party abandons their spouse, both physically and emotionally, for a long period of time.
- Violence. Either spouse physically, emotionally or mentally abuses the other, including threats and aggressive behavior.
- Imprisonment. One of them is convicted of a crime and sentenced to imprisonment.
- Mentally Incapacity. One or both parties is diagnosed with a mental health issue by a medical professional.
How Long Does the Annulment and Divorce Process Take?
In the Philippines, the annulment process may take one (1) to two (2) years or even longer, depending on the complexity of the case, the availability of the parties and their lawyers, and the schedule of the court. While divorce may take less than a year or more, depending on whether both parties reach an agreement promptly.
What Happens to the Child or Children in an Annulment and Divorce?
Annulment and divorce address children and parental rights differently. In cases of annulment, both parents have the opportunity to seek custody or negotiate a shared custody arrangement. While divorce involves more structured regulations regarding child custody. Both parents must agree on a custody arrangement for their divorce to be finalized. If they cannot reach an agreement, a judge will make custody decisions based on the best interests of the child or children. It is also advisable for both parties to seek a family law attorney or law firm on this matter. Additionally, whether the marriage ends in an annulment or divorce, both parents are still responsible to support their child or children financially.
How Do the Properties Get Divided in an Annulment and Divorce?
Properties in Annulment
An annulment implies that the marriage was never valid, which removes the marriage from the record. As a result, there is no conjugal property to divide, and neither party has obligations for spousal support, although child support obligations remain.
If the parties have jointly owned property, the court handles its division similarly to a business dissolution. This means one party can buy out the other’s share, or the assets might be sold, with the proceeds divided between the parties.
Moreover, if the annulment involves fraud, the deceived spouse will receive some of the deceiver’s property as compensation.
Properties in Divorce
When a marriage between a Filipino and a foreign national ends through divorce, the distribution of properties is governed by the property regime agreed upon by both parties or stipulated by law. Foreign nationals are permitted to own buildings and other types of real estate in the Philippines, but they are not allowed to own land.
If land is part of the conjugal property, the Filipino spouse will retain ownership of the land, while the buildings and other real estate can be divided between the parties based on the applicable property regime.
If the parties cannot agree on the division of properties, either party may file for judicial partition. It is advisable to consult with a lawyer or a law firm to manage the complexities of property division, especially in mixed-nationality marriages. Additionally, it is crucial to document all agreements in writing to prevent future conflicts.
Need further information and assistance regarding Annulment vs Divorce? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
