Divorce, Legal Separation, Annulment: What is your stand?

[jofox]

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Ala ko nila, dili ko nhan nga magbuwag after married unsaon nalang atong anak?

[hera_82]

Taken from: http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/

There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyone’s easy reference, here are the FAQs on annulment and divorce in the Philippines:

Is divorce allowed under Philippine laws?

No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.

Would it make any difference if I marry abroad where divorce is allowed?

No. Filipinos are covered by this prohibition based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce).

I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?

Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.

If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?

While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.

Is “annulment” different from a “declaration of nullity” of marriage?

Yes. In essence, “annulment” applies to a marriage that is considered valid, but there are grounds to nullify it. A “declaration of nullity” of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place.

Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe.

So, if a marriage is void from the very beginning (void ab initio), there’s no need to file anything in court?

For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy.

What are the grounds for annulment?

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment?

Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation.

How is “legal separation” different from annulment?

The basic difference is this - in legal separation, the spouses are still considered married to each other, and, thus, may not remarry.

What are the grounds for legal separation?

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

The term “child” shall include a child by nature or by adoption.

What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her?

This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation:

1. Consent.
2. Connivance (in the commission of the offense or act constituting the ground for legal separation).
3. Mutual guilt (both parties have given ground for legal separation).
4. Collusion (to obtain decree of legal separation).
5. Prescription (5 years from the occurence of the cause for legal separation).

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may again re-marry.

What are the grounds for declaration of nullity of marriage?

1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing officer (those solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so).

3. Absence of marriage license (except in certain cases).

4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead).

5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other).

6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the children’s presumptive legitime.

7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood).

8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.

Please note, however, that there are still other grounds to declare a marriage as null and void.

Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country?

Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.

[nikita_blu]

old fashion ko when it comes to marriage and family...
i want it to last forever kung magbuwag raman di maypa wala nalang mo nagminyo

[miramax]

You know, Beau..... he cannot impose his views on his daughter... he can stomp his feet and get red in the face and hope that his daughter will not go the same path that some of us have but HE CANNOT STOP IT if she does... ane WHEN she does... he will remember this day... believe me you.

I do not believe that as a loving dad which rey04 probably is.... when his daughter becomes pregnant out of wedlock.... that he would want her to marry a deadbeat, irresponsible person if that is what the sperm donor is.... and be tied for her WHOLE LIFE to this said irresponsible person. Sometimes we look at what "society" will think of us... but it is more what scorn we get from some bigots really.

What we do not take into consideration that though marriage is binding... so is parenthood. Isn't it better...nay... BEST... for the child to be HAPPY because of the peaceful and loving environment his FAMILY which constitutes also the grandfather and grandmother and aunts and uncles give? Children born out of wedlock are still precious in God's eyes... and if they get rejected in society by some bigots... they have God as their Father. And that is more than what any man can do.

I also do not believe that the catholic church is that unmoving when it comes to supporting parishoners who are in the same boat as I am...unlike some of its members. Scorn of single parents, I just feel, is something Jesus looks upon as akin to scorning the little children whom He loves. For what image are we really portraying here of Jesus? To teach one's daughter that single parenthood is UNILATERALLY WRONG for me constitutes wrong portraying of Jesus' love. Would bigots rather force them into a marriage where there is conflict and strife and abuse?

There are different reasons why people chose the lives they live and to sweep them all in one single accusation as wrong and immoral would be immoral in itself. There are so many single moms and dads out there and they have big and noble dreams for their children. Dreams that some bigots cannot comprehend in their state of narrow-mindedness.

Sir, I suffer the scorn and bigotry that you so clearly have for women like me...and I can just imagine the sneer on your face... but guess what... I AM STRONGER...you cannot do what I did for my son. You will NEVER understand. hahahahahahaha.

Life deals a cruel hand on bigots more often than not. I will speak for all of us single parents out here... including the two single dads in istorya that i know of and highly respect.... that whatever he says the family is... we KNOW what we have are families. And that includes you, ms kris aquino.

GOD BLESS ALL OF US SINGLE PARENTS OUT THERE! GOD IS WITH US!








uh-oh... straight english! huwawwww....(*winks* at beau and charmz.... u know what THAT means....hahahahahaha)

Count me in ! Nobody in this world wished for a broken home. But If the circumstances calls for it, the only option we have to save our kids from a traumatic situation. Then, there's nothing else we can do.

[MONDE]

Hey, does anyone here know a family lawyer that does this kind of thing? I badly need a lawyer kung pwede lang unta kanang dili kaayo dako maningil aron makaya ra sa budget. Can you pm me if you know one, kana lang lalake para makarelate siya sa akong problem. Pls anyone....

[Puzlia]

hahay! na unsa naman ni karon... if di mag kasinabot annulment dayon... Guys, before you decide to tie a knot with your bf/gf think hundred times before you marry her/him, don’t rush.

[hera_82]

Some quotes about Marriage:


You don't marry one person; you marry three: the person you think they are, the person they are, and the person they are going to become as the result of being married to you.
-- Richard Needham ; Writer

A good marriage is one which allows for change and growth in the individuals and in the way they express their love.
-- [b]Pearl S. Buck (1892-1973); Writer

[ej___]

As a father (dili priest ha). I am not pro on this. I would preserve my family as much as i can and as long as i live.

I just don't know when time comes if my wife does something ugly. But, i'll pray that it won't happen. For those

single parents out there, God is always with you.

[d`monyita]

single parents out there, God is always with you.

AMEN! Praise the Lord! He has been very very good.

[cebulifer]

old fashion ko when it comes to marriage and family...
i want it to last forever kung magbuwag raman di maypa wala nalang mo nagminyo

are you a fortune teller bai? can you predict the future? if everyone has that attitude... masolbad na atong population problem. wala nay magkaanak! bwahahaha!