Dear Attorney,

I would like to seek clarification on the current laws in the Philippines regarding the options for legally ending a marriage. Is divorce now available in the country, or is annulment still the only legal remedy for separation? I would appreciate your advice on this matter.

Sincerely,
Concerned Citizen

Insights

In the Philippines, divorce is not yet recognized under the law, making the country one of the few in the world without a formal divorce process. As it stands, the Family Code of the Philippines only provides for annulment, declaration of nullity of marriage, and legal separation as remedies for ending or altering a marital relationship.

Annulment

Annulment differs from divorce in that it seeks to void a marriage from its inception, treating it as if it never existed. It can be based on specific grounds that must have been present at the time of the marriage. These include lack of legal capacity to marry, psychological incapacity, fraud, or force. The annulment process can be lengthy and costly, as it typically requires court proceedings, psychological assessments, and the presentation of evidence to prove the grounds.

Declaration of Nullity

A declaration of nullity applies to marriages that are considered void from the very beginning. This includes marriages that violate essential requisites, such as bigamous or incestuous marriages. Unlike annulment, which nullifies a marriage due to issues present at the time of the union, a declaration of nullity addresses marriages that were never valid under the law.

Legal Separation

Legal separation allows couples to live apart and divide their properties but does not sever the marital bond. It addresses issues of physical violence, drug addiction, sexual infidelity, or abandonment, but legally separated individuals are still not permitted to remarry.

Despite discussions over the years about introducing divorce legislation, as of today, the options for ending a marriage in the Philippines remain limited to these remedies.