Separation in marriages is a touchy subject in the Philippines because of our deep-rooted prevailing culture and norms. Our strong religious ties and cultural opposition, which views marriages as a lifelong and indissoluble union between a man and a woman, have ever since then been a huge factor as to why the Philippines, alongside the Vatican, are the only countries in the world where separations through divorce are illegal.

According to Cecila Francisco-Tan, a Melbourne-based theology lecturer, in Max Walden’s article, “Divorce is not recognised. Annulment is the Church’s response to ‘invalid marriages’ — that is, certain conditions have not been met at the time of the marriage.”

As such, for Filipinos, the options remain limited to three: annulment, nullity of marriage, and legal separation—categorized under termination of marriages and separation. Divorce falls under the dissolution of marriage.

QUICK LOOK: Nullity of Marriage vs. Annulment vs. Legal Separation vs. Divorce

	Nullity of Marriage	Annulment	Legal Separation	Divorce
Basis	Looks at grounds that render the marriage void from the beginning (minority, psychological incapacity, incestuous relationship, bigamous marriage, etc.)	Looks at specific grounds that make the marriage voidable (physical incapacity, fraud, etc.)	Similar to annulment, but also includes grounds like abandonment, infidelity, and physical violence. Separation from bed and board	Similar to grounds for legal separation.   Can include irreconcilable differences, separation, adultery/concubinage, etc.
Marriage Status/Effect	Void from the beginning (void ab initio)	Valid until annulled (voidable)	Does not terminate the marriage; still married on paper	Valid until dissolved
Remarriage	Can remarry	Can remarry	Cannot remarry	Can remarry
Legitimacy Status	Legitimate if conceived or born before the nullity is finalized	Legitimate if conceived or born before the annulment is finalized and executed	Legitimate	Legitimate

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See: 3 Types of Separation: Everything You Need to Know

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Nullity of Marriage: What marriages are void from the beginning?

A married couple can file for nullity of marriage if they fall into the following categories, according to Article 35 of the Family Code of the Philippines:

1. Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
2. 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. Those solemnized without a license,
4. Those bigamous or polygamous marriages not failing under Art. 41;
5. Those contracted through mistake of one contracting party as to the identity of the other; and
6. Those subsequent marriages that are void under Art. 53.

Additionally:

• Void marriages due to psychological incapacity (Art. 36)
• Incestuous relationships (Art.37): between ascendants and descendants of any degree; and between brothers and sisters, whether of the full or half blood. (81a)
• Marriages against public policy (Art.38):
  • Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
  • Between step-parents and step-children;
  • Between parents-in-law and children-in-law;
  • Between the adopting parent and the adopted child;
  • Between the surviving spouse of the adopting parent and the adopted child;
  • Between the surviving spouse of the adopted child and the adopter;
  • Between an adopted child and a legitimate child of the adopter;
  • Between adopted children of the same adopter; and
  • Between parties where one, intending to marry the other, killed that other person’s spouse, or his or her own spouse. (82)

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See: A Step-by-Step Guide to the Declaration of Nullity of Marriage in the Philippines

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Annulment: What grounds make a marriage voidable?

According to Art. 45 of the Family Code, married persons can get an annulment on any of the following grounds:

1. Either party was aged between 18 and 21 years old at the time of marriage, and no parental consent was given, and the action for annulment was filed within 5 years after attaining the age of 21;
2. Either party is of unsound mind, and the action for annulment was filed at any time before the death of either party, or during a lucid interval, or after regaining sanity;
3. The consent of either party was obtained by fraud, and the action for annulment was filed within 5 years after the discovery of the fraud;
4. The consent of either party was obtained by force, intimidation, or extreme influence, and the action for annulment was filed within five years from the time the force, intimidation, or undue influence disappeared or ceased;
5. Either party is physically unable to consummate the marriage, and the action for annulment was filed within 5 years after the marriage; or
6. Either party has been diagnosed with a serious or incurable sexually transmitted disease, and the action for annulment was filed within 5 years after the marriage.

Legal Separation: What are the viable grounds to file for a legal separation?

The primary purpose of a legal separation is to provide a way for problematic marriages to separate safely, even if the marriage bond is not dissolved. Under Art. 55 of the Family Code, one may file a petition for legal separation within 5 years from the time of the occurrence of the following grounds:

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

The Philippines truly still has a long way to go with its policies that affect various human rights. Currently, House Bill No. 9349, better known as the Absolute Divorce Bill, was approved by the Congress and is still pending in the Senate. If it is not given way in the current Senate, Senator Risa Hontiveros vows to refile it in the 20th Congress as part of her advocacy for divorce legislation.

In this case, it becomes just as important to learn and explore our existing options carefully so as not to close our doors on the further betterment of our personal lives and familial relationships.

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Author/s: Patricia Mae L. Minimo, Melissa Renee Mendiola
About the author: Patricia Mae L. Minimo is the STLAF's Legal Writer-Researcher. She is a Communication graduate from the University of the Philippines – Baguio with a major in Journalism and a minor in Speech Communication.