Divorce Versus Annulment
Divorce and Annulment: Two Distinct Legal Concepts
In the Philippine legal landscape, divorce and annulment are two distinct concepts that often get confused with each other. While divorce essentially terminates a valid marriage, annulment operates on the premise that the marriage was never valid in the first place.
Applicability in the Philippines
As of current law, the Philippines does not have a divorce statute applicable to Filipino citizens, though legal separations and annulments are recognized. This makes the Philippines unique as it is one of the few countries that do not allow divorce for its citizens. Foreign divorce decrees, however, may be recognized under Philippine law subject to certain conditions.
Recognition of Foreign Divorce
For Filipino citizens who have obtained a foreign divorce, the Philippine courts can recognize this divorce through a judicial process. Once recognized, the Filipino citizen is considered as no longer married under Philippine law. This would negate the need for an annulment.
Cost and Timeframe for Annulment
Annulment proceedings can be costly and time-consuming. The entire process may take anywhere from six months to several years, depending on the complexity of the case and the workload of the courts. Legal fees, professional fees for psychologists or psychiatrists (if psychological incapacity is invoked as a ground), and court fees can collectively amount to a substantial sum.
Annulment after Foreign Divorce
If a Filipino citizen obtains a foreign divorce not recognized by Philippine authorities, they may need to go through the annulment process to dissolve the marriage under Philippine law. Again, this emphasizes the importance of having the foreign divorce recognized to avoid this lengthy and costly process.
Requisites for Annulment
The grounds for annulment are specifically enumerated under the Family Code of the Philippines. These include lack of parental consent, psychological incapacity, fraud, and force, among others. Each ground requires substantial evidence, and the burden of proof lies on the petitioner.
Conclusion
Understanding the legal intricacies between divorce and annulment in the Philippines can significantly impact one's marital status and the steps needed to change it. Legal counsel specialized in family law can help navigate this complicated area, particularly when international laws and cross-border divorces are involved.