Divorce, Annulment, and Legal Separation: Key Differences explained

Many of us spend our youth searching for the perfect partner, believing that once we find them, life will be that picturesque happily-ever-after we see in the movies. Yet, in reality, that fairytale ending is rare, as far too many relationships ultimately lead to separation, annulment, or divorce.

In the context of Philippine law, what does legal separation, annulment or divorce even mean?

What is the difference between annulment and legal separation in the Philippines?

Many Filipinos mistakenly believe that being “separated” from one’s spouse for a certain number of years makes them single in the eyes of the law, and thus fair game for any number of new relationships.

However, under Philippine law, spouses who are separated in fact, or even those who have obtained legal separation, are still married in the eyes of the law. This means that despite the number of years they’ve been living apart from one another, separated couples still cannot remarry.

An annulment is a different matter altogether, but is a remedy that is not available to every couple. Strictly speaking, Philippine law distinguishes between void marriages (nullity) and voidable marriages (annulment).

Void marriages pertain to those:

• Contracted by any party below 18 years of age, even with the consent of their parents or guardians;
• Where the marriage was solemnized by any person not legally authorized to perform marriages, with certain exceptions;
• Where the marriage was solemnized without a marriage license, with certain exceptions;
• Bigamous or polygamous marriages, with certain exceptions;
• Where the marriage was contracted through mistake of one contracting party as to the identity of the other;
• Subsequent marriages that are void under Article 53 of the Family Code;
• Incestuous marriages;
• Void for reasons of public policy; and
• Where the marriage was contracted by any party, who, at the time of the celebration was psychologically incapacitated to comply with the essential marital obligations of marriage, even if such incapacity becomes manifest only after its solemnization.

Void marriages may be nullified through a petition for declaration of absolute nullity of marriage, which action shall not prescribe. Otherwise stated, this type of action may be filed at any time.

On the other hand, voidable marriages may be annulled for any of the following causes, existing at the time of the marriage:

• Where the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over, but below 21 years old, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party;
• Where either party was of unsound mind;
• Where the consent of either party was obtained by fraud;
• Where the consent of either party was obtained by force, intimidation or undue influence;
• Where either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
• Where either party was afflicted with a sexually transmissible disease, found to be serious and appears to be incurable.

This type of marriage may be nullified, unless it falls under one of the exceptions stated in the law, and provided the petition for annulment is filed within the prescriptive period provided under the law.

Is Divorce legal in the Philippines?

It’s not entirely accurate to say that divorce is not available in the Philippines.

There are two limited instances where divorce may be availed of by spouses.

First, the Muslim Code recognizes divorce in marriages between Muslims, and mixed marriages wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or the Muslim Code in any part of the Philippines (Pacasum v. Atty. Zamoranos, G.R. No. 193719, 21 March 2017).

Second, Philippine law recognizes divorce between a Filipino citizen and a foreign national. Under Article 26 of the Family Code, where 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 remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

What does this mean for Filipinos?

Marriage is often seen as a lifelong commitment, but reality and the law shows that not all unions last forever. In the Philippines, the paths of legal separation, annulment, and, in limited cases, divorce provide remedies for couples whose marriages have irretrievably broken down. Each process carries its own requirements, consequences, and limitations, reflecting the country’s careful balance between upholding the sanctity of marriage and addressing the realities of human relationships.

For Filipinos, understanding these distinctions is not just a matter of legal knowledge, but also of protecting one’s rights and navigating difficult situations responsibly. While the dream of “happily ever after” may remain elusive, knowing the legal remedies available ensures that individuals are equipped to face marital challenges with clarity and informed decision-making.

As a final note, if you ever find yourself in such circumstances and are unsure which path is available to you, it is always best to consult a lawyer who can guide you through your options under the law.