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Annulment and Legal Separation

March 07, 2018

Currently, The Philippines does not have a divorce law, leaving estranged spouses with two options, either file for Annulment or Legal Separation.

 

What is the difference between the two?

 

The main difference between Annulment and Legal Separation is its effect on the marriage of the spouses. In Annulment, the marital ties between husbands and wives is severed, capacitating both to re-marry another person, as compared to Legal Separation, where only separation in room and board is allowed, but the marital ties between the spouses subsists. Therefore, the spouses in Legal Separation are not capacitated to re-marry another person.

 

Grounds for Annulment:

 

  • That either party was not of legal age when the marriage was contracted;
  • Unsound mind;
  • Fraud;
  • Duress or Forced marriages;
  • Physical incapacity of consummating the marriage;
  • Affliction of a sexually-transmissible disease which is serious and appears to be incurable.

 

Grounds for Legal Separation:

 

  • Repeated physical violence;
  • Final judgment of imprisonment of more than 6 years;
  • Drug addiction or habitual alcoholism;
  • Lesbianism or homosexuality;
  • Bigamous marriage;
  • Sexual infidelity or perversion;
  • Attempt to life

 

 

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