Olivia Barredo
February 24, 2023

We have seen couples in a marriage that have been bickering and fighting in the media - whether in Television or online series and even in the lives of celebrities and families we may know - the absolute and final destination of their endless fight might lead to annulment and divorce. Although different in process and definition, annulment and divorce have one thing in common - the dissolution of marriage - cutting strings for couples and putting an end to their misery as incompatible individuals.

Unfortunately, bickering couples in the Philippines cannot pick one from the two because divorce is still illegal in the country; annulment, on the other hand, is the most viable option to end marriages in the country. But what is the difference between the two? And why is divorce illegal, although they both dissolved their marriage union in the country? This article will give you the rundown of differences between Annulment and Divorce in the country, and it should be legal in a country where dissolving marriage has been a staple topic in pop culture.

What are Divorce and Annulment?: Defining Terms and Setting Them Apart

Divorce and annulment are two ways to dissolve a marriage or civil partnership formally, and the two have commonalities and differences. For instance, various types of evidence are needed to obtain an annulment vs divorce. A divorce ends a legally lawful marriage, whereas an annulment formally proclaims a marriage to have been lawfully null and void, meaning a union in the eyes of the law never existed. This is the main distinction between a divorce and an annulment.

Legal Grounds for Divorce

For unhappy marriages in the Philippines, divorce will never be an option to end the marriage, but mixed marriages in the country might find hope to end doomed marriages. To any rule, there are exceptions. In the Philippines, getting married to a person from a different race or nation may allow for a divorce. If the spouse from another nation files for divorce in their own country, it will be granted. The foreign nation must recognize the divorce in it to be legal. The only way to permit remarriage is for the non-native spouse to obtain a divorce abroad successfully. Here are the legal grounds for divorce:

No fault and Fault Divorce

There are two different kinds of divorce, with no-fault filings being the most common because they are simpler to acquire and process and don't have to provide a valid reason for separation.

Adultery, cruelty, or desertion are grounds for 'fault' divorce,' which holds that one side is to blame for the union's dissolution. Adultery is when one or both partners have extramarital affairs with another individual during the marriage; cruelty includes abuse of the other physically, verbally, emotionally, or psychologically, including by threatening them with bodily harm. On the other hand, desertion is a couple's inactivity, physically and mentally. The other party may contest the grounds for divorce by presenting proof. If successful, the divorce process could be halted.

Conversely, no-fault divorces are issued regardless of whether the respondent or defendant agrees and does not call for any evidence of misconduct.

Law of Annulment in the Philippines: What You Need to Know About It

In the Philippines, annulment is the only available separation option. An annulment makes it appear as though a marriage never existed. It may end this way if a marriage doesn't comply with all legal conditions. When requesting an annulment, Filipinos have a limited number of options. These are the legal grounds for annulment in the Philippines:

1. Either of the party was tricked or forced into marriage; these include underaged spouses (below 18 and 21) that were unified without the parent's consent. Unless cohabited freely after the legality of age (21 years old).

2. Trickery also includes one or both of the spouses not being able to make marriage decisions freely due to unsound minds, whether it be a mental disability, drugs, and alcohol.

3. One or both of the spouses were already married at the time of their marriage; it is called Bigamy, making the marriage null and void.

4. Incestuous marriage or marrying a partner close to as a relative.

5. Either spouse was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.

6. And lastly, either of the spouses has concealed affliction to sexually transmitted diseases deemed incurable, which is considered fraud. Other concealment issues may include (1) conviction of a crime, (2) pregnancy to another individual, and Drug Addiction, including homosexuality.

Unlike a typical divorce, annulments have stricter standards that may be more challenging to fulfill. However, they frequently take less time to complete and don't require as much time to divide assets and debts.

But any civil action requires process and payments, and separation, either annulment or divorce, comes with a cost. How much is annulment in the Philippines? If the process went as planned, the total cost of annulment in the country ranges between Php 200,000 and Php 500,000. Unless either party filed a counter lawsuit, the expenses might reach Php 1 million or more. The Rundown of payment includes attorney's fees and psychological evaluations. It is a tough battle for separation, not only for the unhappy couple but also for the family. Not to mention, the entire process will take as early as four months and as long as six years in the court, depending on the grounds of annulment. 

The Aftermath of a Legal Separation

If the annulment is a success, both spouses are now legally single, as if the clock turned back as if the marriage has never existed, but what happens to their properties and children? With their properties and finances, since they are now single and are not legitimate couples anymore, their statuses, including their finances and property, will return to the pre-marriage situation. Some courts decide on its separation through liquidation.

For those who worry about the children after an annulment, the offspring of a couple whose marriage has been dissolved is still regarded as "legitimate". The court will next decide on the terms of custody and maintenance, just as it would in a divorce case. No matter what, even if their parents' marriage is deemed invalid, children still have a right to the financial assistance of both parents.

Questions of whether they should divorce be legalized in the Philippines have been the talk of the town for ages; not only does it add legal protection to spouses under adulterous and cruel marriage, but it also bides and acknowledges that marriage is no longer working and needs to be ceased. 

Whether annulment vs divorce will separate a union, couples need to consider the burden they will put on themselves, especially on their family and children, taking away the chance to have a happy and normal life. Not to mention, that at the first place, marriage was never an easy thing to do, as the old generation says “Ang pag-aasawa ay hindi parang kanin na mainit na kapag isinubo mo at napaso ka ay iyo na lamang iluluwa.'' It is a responsibility like no other, building a relationship that could last forever and creating a family that will make your children whole and not for dissolution and battle in courts.