In lieu of a divorce law, the Family Code of the Philippines gives married couples in the Philippines three options if they need or want to separate: an annulment, a legal separation, or seeking a declaration of the nullity of marriage.
How nullity of marriage differs from annulment and legal separation
Through a declaration of nullity, the marriage is declared by the court as null and void. In other words no formal union between partners ever existed. Grounds for seeking a declaration of nullity of marriage include:
- Intimidation or forced consent
- Psychological incapacity
- Solemnization of the marriage by a person not legally authorized to perform marriage rites
- Marriage between any or both parties below the age of 18
- Bigamous, polygamous, or incestuous unions
- Bigamous, polygamous, or incestuous unions
If any of these conditions apply, spouses can file a Petition for the Declaration of Absolute Nullity of Marriage.
Annulment considers the marriage valid until its nullification. A marriage can be annulled due to fraud, the discovery of a previously concealed incurable sexually transmitted disease, marriage without parental consent (for partners younger than 21 years), and psychological incapacity at the time of the marriage. Spouses who wish to separate this way must file a Petition for Annulment of Marriage.
Legal separation applies if a spouse is physically abusive, has drug or alcohol-related problems, or is sentenced to jail for more than five years. Another ground for legal separation is when one spouse leaves the other without a valid reason (as held by the court). Under the terms of a legal separation, the marital bond still exists. Neither spouse will be legally allowed to remarry.
Division of property
For couples who have their marriage declared null and void, the properties that they have acquired before and during their union will be dissolved and liquidated. Spouses who have not made any material contributions can still be involved in the common fund, provided that they contributed by taking care of the household and the family.
Rule on remarrying
Couples who legally nullify their marriage are allowed to remarry other partners.
Child custody and legitimacy after the declaration of nullity
Child custody may be requested through a provisional order by the spouse petitioning for nullity. However, children of the former couple will be considered illegitimate if the declaration of nullity is based on the grounds listed above. The lone exception applies if the marriage was voided based on psychological incapacity. The civil registrar will be required to amend the birth certificate of these children following the dissolution of the marriage.
Filing for the declaration of nullity of marriage
The Petition for the Declaration of Absolute Nullity of Marriage must be filed in the Regional Trial Court of the province or city where the petitioner has been living for at least the past six months. A designated Family Court will issue summons for the collusion, preliminary, and actual hearings.
The following documents are required to file a petition:
- NSO copy of marriage certificate
- Birth certificate of the children (if any)
- Barangay certificate, Community Tax Certificate, and sketch of the house location
- Inventory of property of the spouses
- List of witnesses
- Copy of marriage settlement (if any)
- Psychiatric evaluation (if the nullity of marriage will be based on psychological incapacity)
- Other documentary evidence
The petitioning spouse must also indicate the complete address of both parties, including the house number, street, subdivision, zone, barangay, town, city, and province.
For more legal advice or assistance on nullifying a marriage, call Duran & Duran-Schulze at (+632) 478 5826 or email info@duranschulze.com.
5 Responses
Me and my husband already separated for about 13 years, but without any legal papers on it. We just separated our ways. Can i file a legal separation? How much does it cost? Can i take my maiden name again in all my government IDs? If i want to file an annulment , what is the first thing that i should do? Is the 13 years of being separated can be a ground for an annulment? Thank you for your reply😊
hi po maari n po b kaya ako mgfile ng ganito 2014 pa po kami hiwalay ng asawa ko at nakasal na din cya s ibng babae pero s muslim po at hnwalyan ulit cya ng babaeng iyon at ngayin iba iba n namn babae nya
Hi im a filipino citizen, i was married to my ex husband when u was 17 years old. Its bcoz i was young they faked my age from 17 they did it 18 and they registered it, so if u will compare my marriage and birth cert they r not same age, and i dont hve parents of family member when i got married so no concent. so i want to know how to apply nulity thanks.
Just to clarify the nullity of marriage can be remarry again in the church?
Please let me know the procedures and fees for declaration if nullity of marriage..thank you