# Divorce/Annulment



## Bobgall (Jan 11, 2016)

Can someone please tell me the difference between a divorce and an annulment in the Phils?

My girlfriend has an annulment.


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## Gary D (Oct 28, 2013)

There is no divorce in the Philippines.


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## Gary D (Oct 28, 2013)

I should say technically a divorce is the disolving of a previous marriage. An annulment is a statement that the marriage was not valid so if you have an annulment it's like never being married. Both leave you able to remarry. Annulments in the Philippines can be very expensive and long winded, and far from a sure thing. Most don't bother and just live in sin in another relationship. A girl saying she has an annulment makes me feel a little uneasy although I've no concrete reason for doing so.


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## JRB__NW (Apr 8, 2015)

Yes, the Philippines is one of the few countries remaining to have no divorce. It may be the only one. The Catholic church holds a lot of power here. Hence, if a Filipino was married here, the ONLY option to move on legally and avoid living "in sin" is to obtain an annulment. An annulment or "Petition of Nullity", costs a minimum of 125K php, sometimes a lot more, and sometimes it can't be obtained. The reason for that is because one has to use an attorney and a psychologist to prove the marriage was not valid to begin with, or could not be consummated. Mainly by proving in court, and with a psychological assessment, that the other party is incapable of being a partner in marriage - for reasons of insanity, mental deficiency, addiction, etc. So you have to trash them and some people won't agree to that. It's a huge, expensive hassle and like Gary said, most Filipinos don't bother. They just move on, because they can't afford it and don't like to wait for things that are a year or two in the future.

Not to say it can't and doesn't happen. If she's not a young girl, and she's working, and her ex agreed then it certainly is possible that one of them got it done. The benefit to the partner on the receiving end is they get to move on legally, even though they might have been made to look bad in court. I would however want to see the court paperwork as well as church approval if she requested it (it used to be mandatory to get church approval, no longer). As stated, this is something that his uncommon here unless the person has a good income and a provable case, and many don't. The current pope (Francis) has even weighed in on this and said it's morally wrong not to allow people to move on if they're incompatible. It creates a lot of suffering and illegitimate children, as a result they are slowly making incremental changes to make the process less complicated, but the basics are still the same.


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## lets_take_a_look (Nov 18, 2015)

There are three classifications of marriage validity under Philippine law.

*Void* - in which case one or more of the essential and formal requisites of marriage are absent. These are _declared_ void through a _Petition for Declaration of Nullity_. These marriages are generally considered to have never been valid and produce no legal effect once declared dissolved. (With the exception of those dissolved through the process JRB_NW describes, in which case the children born of that marriage are still considered born of a valid marriage despite the marriage itself is void from the beginning... it's complicated.)

*Voidable* - The marriage was nominally valid at the beginning, but certain infirmities present at the time of the celebration of the marriage (enumerated in Article 45 of the Family Code) can be raised to Court in an action for _Annullment_ within 5 years so that the Court will dissolve the marriage from that point.

*Valid* - in which case all the essential and formal requisites for marriage were present and complied with. In this case, the marriage is pretty much legally unassailable because there is no divorce in the Philippines except for Muslims.

People tend to conflate the first two in popular usage, but they are legally distinct and can have different implications. I suggest you confirm exactly what your girlfriend's circumstances are and inquire as to what kind of Court proceeding she undertook. Check if there is a final Court ruling because:

"Art. 40. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void."​


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## Gary D (Oct 28, 2013)

There also exists the myth that if the woman has been abandoned for 7 years that the marriage is void. Not true.


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## lets_take_a_look (Nov 18, 2015)

Gary D said:


> There also exists the myth that if the woman has been abandoned for 7 years that the marriage is void. Not true.


Yup. What that does give rise to is the possibility of filing for a declaration of presumptive death which has as a consequence that she is now legally a widow. You need to go to Court for that one too.


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## John1850 (Oct 31, 2014)

Long time since I posted, but would like to add my 2 pesos.)

Divorce between 2 Philippine citizens is impossible to very hard, except if you happen to be a Muslim; different rules apply.

However,all of those using this site I am presuming that you are expats, therefore you are citizens of a different country to the Philippines. If that is the case then you can legally divorce your "better" half.
AND BOTH of you can remarry !!!!

OK. The alien) simply returns to his native land and files for divorce; e.g. in USA, UK etc.
Once you are legally divorced in your home country then the Philippines recognise that you are legally divorced.

Article 26 of The Family Code of the Philippines provides that, “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.” 

The Filipino spouse must obtain a Judicial Recognition of Foreign Divorce Decree from a Philippine court.

This means that a Filipino spouse can remarry after being divorced abroad by his or her alien spouse. (Note: alien spouse can mean a Filipino who has acquired foreign citizenship.) As long as the alien spouse can remarry after the divorce, the Filipino spouse can also remarry. However, a Filipino spouse may benefit from the law only when certain requirements are satisfied.

First, there must have been a valid mixed marriage at the time the foreign divorce is obtained. By definition, a mixed marriage is one between an alien spouse and a Filipino spouse. The alien spouse must be a citizen of a country that allows its citizens to divorce and remarry. The mixed marriage must be valid where the marriage was solemnized, under Philippine law and under the laws of the country of the alien spouse. A non-Filipino spouse who is a citizen of a country that does not allow its citizens to divorce and remarry would not be an alien spouse in this context, and so the law would not apply. 
The key here is whether the marriage is a mixed marriage on the date of the foreign divorce decree. Consider spouses who were both Philippine citizens at the time of marriage. Later, one of them acquired U.S. citizenship thereby becoming an alien spouse. The marriage would have converted into a mixed marriage. If the now alien spouse (who was formerly Filipino) were to obtain a foreign divorce decree in the United States at this time, the law would apply, and the Filipino spouse would also be entitled to remarry.

***********************************

For some this may be their "get out of jail free card". However, it is useful to know that all is not lost even if you marry the wrong person.
PS. Happily married but every bit of information is useful.


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## Gary D (Oct 28, 2013)

The big problem is when a foreigner meets a married but seperated filipina who then uses the foreigner to buy her anulment. They don't always stay together afterwards.


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## John1850 (Oct 31, 2014)

That's very true. If one meets a separated woman who is married and they do more than hold hands they break the actual law because adultery is officially breaking the law in the Philippines. Personally the whole relationship would be fraught with danger and I would move on. Plenty of unmarried women without creating extra complications.
If in doubt the man should ask for LEGAL proof to see if she is allowed to marry.


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## Cebu Citizen (Dec 13, 2013)

I have no first hand knowledge of this next statement but thought I would at least pass it along to anyone who wishes to research it further.

Everything I have ever heard here in the Philippines is that there are NO divorces. However, there is a law firm based here in the Philippines that advertises that this is NOT true and a divorce can be had. I do not know if they are a legitimate law firm or not but they do openly and actively advertise for a full and legal divorce here in the Philippines with guaranteed results.

My biggest concern is not the claim for a divorce but rather the "guaranteed" statement, as we all know that nothing in the legal world is guaranteed!

If someone was actually searching for the option of a divorce here in the Philippines, I would certainly check out this option but remain vigilant and cautious of claims made by anyone.


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## fmartin_gila (May 15, 2011)

Gary D said:


> The big problem is when a foreigner meets a married but seperated filipina who then uses the foreigner to buy her anulment. They don't always stay together afterwards.


Several years ago, one of the ladies who I met before I met my present wife was in that situation. Immediate RED FLAG! As soon as she told me she was still legally married it was all over even though she suggested that I could easily pay for her annulment. Unless she has legal proof in hand the only safe ones are those never married or widows. You could be getting yourself into quite an entangled legal quagmire. 

Fred


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## lets_take_a_look (Nov 18, 2015)

Cebu Citizen said:


> I have no first hand knowledge of this next statement but thought I would at least pass it along to anyone who wishes to research it further.
> 
> Everything I have ever heard here in the Philippines is that there are NO divorces. However, there is a law firm based here in the Philippines that advertises that this is NOT true and a divorce can be had. I do not know if they are a legitimate law firm or not but they do openly and actively advertise for a full and legal divorce here in the Philippines with guaranteed results.
> 
> ...


While there might well be no harm in asking what they mean by what they advertise, remaining vigilant and cautious is certainly indispensable here. 

For one, the Supreme Court oversees the ethical practice of law in the Philippines and it keeps Philippine law firms on a tight leash with regard to advertising. The reason that you don't see rampant advertising by law offices in the Philippines the way you do in the US is that the Supreme Court prohibits this. The fact that a supposed law firm is flagrantly advertising its services in that way is itself a red flag that it may well not be a respectable or even legitimate office.


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## Mike L (Feb 7, 2015)

I just broke the law last weekend... twice. lucky I'm home now. Same old situation. Girl friend is 40. Husband ran off with secretary 5 years ago. he says he is not coming back, she should get a boyfriend. He lives in Iloilo, She lives in Dumaguete. 3 Beautiful Kids. She is Middle class and dreams about annulment while I'm thinking its going to be hard to explain the children. Except for the danger involved I'm thinking this is a good situation for short term non committal relationship... am I missing something? BTW I am helping with the children in a small way. Bob, I don't know how much in country time you have... but seeing the papers is believing. only then.


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## fmartin_gila (May 15, 2011)

Mike L said:


> he says he is not coming back, she should get a boyfriend.


As soon as he hears that she may have a Foreigner boyfriend and he smells money, this sentiment will be subject to change.

Fred


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## pakawala (Sep 10, 2014)

Gary D said:


> There is no divorce in the Philippines.


*Divorce is and recognized in The Philippines for Foreign Residents (Expats) married to Philippine citizens.* One simply obtains the divorce/decree outside the country, brings the decree back with them and the divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). 

In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). 

Source:
Philippine Consulate General in Los Angeles


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## pakawala (Sep 10, 2014)

John1850 said:


> If in doubt the man should ask for LEGAL proof to see if she is allowed to marry.


CENOMAR is the legal proof. *ANYONE* can request a CENOMAR if they suspect their Girlfriend is married. 

*Can someone request for an NSO Certificate that belongs to another person?

Yes*. But the requestor should be an immediate family member of the document holder for Birth Certificates. Since Marriage Certificates, Death Certificates and *CENOMARs or Certificate of No Marriage are considered as public documents, anyone may request these documents. 

*Order The CENOMAR here:
https://nsohelpline.com/order/choosePurpose


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## Gary D (Oct 28, 2013)

pakawala said:


> *Divorce is and recognized in The Philippines for Foreign Residents (Expats) married to Philippine citizens.* One simply obtains the divorce/decree outside the country, brings the decree back with them and the divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code).
> 
> In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code).
> 
> ...


The divorce has to be obtained outside of the Philippines, you can not get a divorce inside the Philippines. My statement is correct.


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