Annulment Divorce & Legal Separation

A decree of Legal Separation gives the spouses the right to live separately from each other, dissolves the conjugal partnership, awards the minor children to the innocent spouse and disqualifies the offending spouse from inheriting from the estate of the innocent spouse.

What is the main difference between Legal Separation and Annulment?

Once a Decree of Annulment has been issued by the court the parties may choose to remarry. A decree of Legal Separation allows the spouses to live separately but does not sever the bonds of marriage (remarriage is not allowed).


What are the grounds for legal separation?

There are ten (10) grounds on which a petition of for Legal Separation may be filed.

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.

In a Petition of Legal Separation the term “child” shall include a child by nature or by adoption.

There is a six (6) month waiting period from the time of the filing of the Petition of Legal Separation and the time that the trial may start. During the waiting period it is the duty of the court to try to reconcile the spouses.

We file petitions for annulments and legal separation only in Metro Manila.


70 thoughts on “Annulment Divorce & Legal Separation

  1. tin

    i got married 2004, November 2007, my husband told me that he wants to move out of marriage and he is seeing another girl. he hide from me for 15 months. but i am in contact communication with my inlaws who refuse to give me his whereabouts. Then i recently found out that he has a child from his other woman they are still lving together.

    it was hard for me at the time because I am working abroad when he said that he wants to live on his own with the other girl.

    can I file for an annulment or legal separation?

    Tin, Abandonment and infidelity are grounds for legal separation. To find out if you have grounds to file an annulment you will have to consult with a lawyer.

  2. ruth

    see him live with here mistress.i want to ask about my marriage if i can be free again. because is not easy to me go back him,he has a partner already. i need you to advice me.actually we don’t have children, please help me i want to be free again.

    Ruth, every situation is different please contact for a consultation to see if annulment or legal separation is the best option for you.

  3. jane c

    i got married may 2006, and my husband left me on october 2006. i was pregnant when he left… since November 2007, there was no communication at all bet. me and my estranged husband. he never attempted to inquire about our child when i gave birth. it’s as if he ceased t it possible for me to file for legal separation or annulment because i don’t know if he’s still in the country or already in abroad.. i don’t have any communication with his family too.they never bothered to check if i still exist..

    Jane C, you have the choice of filing for either an annulment or legal separation.

  4. jane c

    thank you! uhmm..i would like to ask the possible cost for either the annulment or legal family is not actually well off nor we’re in i could start saving up for annulment or legal separation.. thank you again…

  5. Damon

    hi there i have met a married lady from phil she is married for 11 years they have 3 children and he has cheated on her with other women time after time and she wants an annulment what can she do

    Damon, yes your friend can file for annulment but not on grounds of infidelity. She should consult with a lawyer.

  6. malou

    I got married in 1996. After a year 1997 my husband married in their own country. From then on my husband manage two marriages, one me in Phil and second abroad. In 2005, he divorced his Muslim wife abroad so I am again his only wife. In 2007, he admitted to me that he got married again with his muslim cousin abroad in 2006. He told me he as a Muslim he needs to have a Muslim wife. What will I file legal seperation or annulment.

    Malou, you may file for either legal separation or annulment the difference being that annulment will allow you to remarry.

  7. Victoria

    Hi! I would like to know how much would it cost to file an annulment? How long is the procedure? Is it true that if I live with my BF in the same house for 5 yrs, we are already considered husband and wife? My bf is not yet annulled from his marriage since 1994. Financial reasons that’s why can’t process it yet…Can we get married on a foreign country? Is it possible to get married in a Civil here in the phils? Will I be considered in concubinage? Im single and never married.

    Victoria, you can not marry someone who is already either in the Philippines or in a foreign country. If you do marry your boyfriend before he obtains an annulment you will be committing the crime of bigamy.

    Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prison correctional in its minimum and medium periods.

  8. lovelih

    hi there,,i am married for 8 years now and have 2 children,,i am not happy with my married life now and wanted to get out of the relationship..i am working abroad..can i file for an annulment or leagl separation here in abroad or do i have to go home,,and besides i dont know if being not happy with the relationship or falling out of love is a ground for filing such thng…can u give me an advise please…

    Lovelih, falling out of love is not grounds for annulment or legal separation. Yes, you have to come to the Philippines to file the case.

  9. Margie

    Hi,iam married for almost 13 year i have 2kids iam working abroad for 3 years now iam in that 3 years i dont have relationship anymore to my husband or should i say to my X husband,for 3 years here in abroad. he have 3 years now livein with a new partner or should i say her mistress.since i left he had an affair to otherwoman he left my 2 kids with my relatives and he go with that girl or otherwoman instead to stay to our children.when i have my 1’st vacation of my first year here in abroad we talk about what happen..and we agree bout side that we can not stay together anymore..we we bout falling out of love..and now someone catch again my heart and i can marry him because i am not annuled or not legally separated,,please can u give me an advise…Thanks

    Margie, you must file a petition for annulment if you want to remarry. Legal separation does not allow you to remarry. You can email us for more information on how to proceed.

  10. mhay

    Hi,how long it usually takes for an annulment to be approved?thanks

    Mhay, there is no exact length of time as every case is unique. If the annulment is not contested and there is no complications around 9 months.

  11. Vanessa

    Hi, I am married for 3yrs now at on and off ang relasyon naming mag asawa kasi po sa tuwing iiwan niya kami at sasama sa ibang girl e,pag bumabalik po siya pinapatawad ko po Kaya on and off yong relasyon namin.
    Ngayon po gusto na niyang makipag hiwalay dahil my iba na siya at paalis na po siya ng ibang bansa ngunit sa lahat po ng files niya pati po benificiary niya hindi kami kassali ng anak ko nilagay niya po sa mga file niya single pa siya kahit legally married kami sa simbahan at authenticated yong marriage contract namin at sa 3yrs na yon hindi siya gaanong nag bibigay sustinto sa amin ng anak niya . Minsan po sinaktan niya aq at halos mabali po ang buto ko sa tadyang dahil sa ginawa niya hanggang ngayon nag suffer parin po ako sa pain. My x-ray file po aq sa bones q. Pina kulong po siya ng Cheif of Police sa town namin for 1 day kaso hindi po aq nag file ng case against sa kanya dahil sa parents niya.
    Gusto ko pong malaman kong alin sa dalawa ang pwde kong e file yong annulment po ba o yong legal separation. AT anong kaso po ba maaari kung e file sa kanya. Pls..Help

    Thank you

  12. jocelyn

    i am presently working abroad but me and my husband has decided to legally seperate,can i possibly used my surname when i was single if we applied for Legal Separation?

    We do not have enough money for annulmment for it will cost a lot for us for i can use this amount for the education of my son.

    Please advise.


    Jocelyn, the Family Code of the Philippines has no provision that allows a woman who is legally separated to use her maiden name. Only when a marriage has voided or annulled may the wife revert to using her maiden.

  13. olive

    hi! if the reason is just falling out of love, is it possible to file an annulment or legal separation if both parties agreed to do it?

    Olive, all the grounds for annulment and legal separation can be found on this website and falling out of love is not one of them.

  14. mitchel

    hi i need an advice regarding my marrige…i;ve been separated for almost a year…want to legalize it what can i do?

    Mitchel, you need to consult with a lawyer about your specific case. Separation is not grounds for annulment or legal separation.

  15. John B.

    I really need some advise and strength. i am 15 yrs married and have 4 kids. im not happy with my marriage ever since but i hold it as long as i can for the my kids. i feel so exhausted with it. tired to try happy with my life. i tried to be loyal even im here abroad until i met a girl that i really love most. i want her to marry and live with her for the rest of my life. she is single and no child.
    she doesnt ask for marriage since she knows my status but all i wanted now is to be free with my tiring marriage and to get wed this lady here or in abroad. to marry her is one of my greatest dream and accomplishment in life.
    could you help me? Please!

    John, you need to consult a lawyer to see what grounds you can use to file a pettion for annulment.

  16. jayden

    I am an OFW, married with 2 children . My wife and I have had “bad” times when I was jobless (frequent quarrels, disagreements,etc.). I left Phils to stay away from this situation, though never forget (them) my family. When I came back, I opted to stay with another woman whom I fell in love with and always understands me. We lived together for 2 months and admitted it to my wife and my teen daughter.She was okay and agreed we both move on to new life. The second woman and I lived together for almost 2 months and got pregnant. After returning back abroad to work again, my wife got angry seeing the woman pregnant and threaten to file concubinage/adultery and violence vs.woman against me and my partner (2nd woman). She said she will hold my travel when I come back to Phils on my vacation. I’m worry of this as I am OFW and the money I earned is the one I used to support to my daughter in college and ALL of them. Please advise on the validity of her action and what is the best thing for me to do? Jayden

    Jayden, I recommend that you consult with a lawyer as soon as possible.

  17. Lorraine

    Hi! my husband and i got married and at the time we were both filipinos. Now that I am a british citizen can i file for a divorce in the uk and will it be valid in the philippines? thank you…

    Lorraine, yes, may file for divorce in the UK but, to have your divorce acknowledged in the Philippines you will have to file a petition for recognition of foreign divorce in the Philippines.

  18. Paul

    Hi! I would like to know if do i have to file for annulment even though i’ am muslim then and wanted to marry my girl right now. She is also muslim and never been married at all.

    And my ex-wife (christian) knows about it and doesn’t mind at all as long as i’ am sending money for my son and done my part as a father to our son that is our aggreement.

    But still i wanted to know if, do i need to file an annulment or not.

    And really wanted to know how much it will cost and how long it will take for the processing for it.

    Thank & regards,

    Paul, were you married under Muslim law or did you have a civil marriage?

  19. Marie

    I am married in 1992 and have 3 children with my husband. We separated in 2003. Both of us are living abroad and no longer Filifino citizen in virtue of naturalization. Can we both file a divorce which is recognized in this country instead of annulment? Thank you

    Marie, persons who are no longer Filipino citizens may obtain divorce overseas but , the divorce will not be recognized in the Philippines.

  20. Baby

    Hi, I have a boyfriend who is separated from his wife and 4 kids. He wants me to marry him abroad. He is separated from his wife because even the start of their marriage he doesnt love his wife and one time he noticed that his wife is cheating on him through evidence that he found some letters form the guy and from his wife. He left for years and he is “naawa” to his wife and tried to fix things, but he still do not forget the things that his wife did, can he file for a legal separation? Thank you

    Baby, your boyfriend will have to obtain an annulment. A legal separation will not allow your bf to remarry.

  21. Baby

    How much will it cost him to file for legal separation?And how long? What if his wife does not agree with him to file for legal separation? It would be ok for me if we won’t get married as long as they are legally separated.Thank you.

  22. ma.sol

    i have a seafarer friend, he has 2 kids 6@7 yrs old. last 2008 while abroad his wife no longer communicate with him. his wife told him that he no longer love him. recently, my friend came home and discovered that his wife has a bf. wen they met @ talk the girl still does not want to go with my friend. he still support the girl @ their kids. can he fill a legal separation ? is there any hope that he can marry again?

    ma.sol, legal separation does not allow remarry. Annulment allows a person to remarry.

  23. ray ray

    I have the love of my life in Cagayan De Oro and her husban abandon her for 4 years we have been together now for an year i live in the usa i have made the trip once and going back in april 2010 and we want to get married i will be paying a lawyer, the lawyer is telling her no problem for the divorce, i have met her parents and her family an i love her, i dont want him to take this money and not do the right thing, she wants to come to the usa, will she be able to get a visa with a seperation to come to the usa

    Ray, your answer depends on how your girlfriend presents herself and the documents proving she is single to the US embassy immigration section more than anything else.

  24. Andrea

    My husband and I are separated since March 2008, because of a third party on hisaccording to those who are seeing him. I am now temporarily residing in Australia since October of 2008, and just this week he decided to file a legal separation. He sent me a joint affidavit for me to sign. I just would like to ask if we will file a legal separation now, can I still file for annulment later on?

    Andrea, yes, a petition for annulment can be filed even after legal separation.

  25. dada

    I reaaly need an advice. I been married 18yrs. I have 1 child. I dont have relationship anymore and communication to my ex-husband rather, we been together only 1 1/2 yrs only since our child was born, then we seperated. Now i wish and I want to settled my new life to get married. Please help me

    Dada, if you wish to remarry, you will need to obtain an annulment.

  26. shirley

    Ive been separated from my husband for 18 years already. I raised my 3 children with my own sacrifices. my husband didnt gave us even a single cents for raising my kids. now my kids were married already. Now im here abroad for 10 years now and i meet a foreigner who wants to marry me. What is the first thing i will do to file an annulment of marriege and remarry again. Pls help. Do i need to go home to file an annulment. Can i do it even im here abroad?

    Shirley, you must appear in court in person in the Philippines at least once.

  27. ma.sol

    i have a seafarer friend, he has 2 kids 6@7 yrs old. last 2008 while abroad his wife no longer communicate with him. his wife told him that he no longer love him. recently, my friend came home and discovered that his wife has a bf. wen they met @ talk the girl still does not want to go with my friend. he still support the girl @ their kids. can he fill a legal separation ? is there any hope that he can marry again?

    ma.sol, legal separation does not allow remarry. Annulment allows a person to remarry.

    in my friend’s case, is ther any possibilities that their marriage be annulled? thanks!!!!

  28. Marie

    I have been separated for almost 9 years without communication with the father of my children. Recently I heard that he got married again a year ago using false documents stating that we were legally separated just to convince the other woman to marry him.The other woman filed a case against him and it is still pending for trial….How is it possible to trace this kind of information and could this be considered a ground for annulment?…9 years separation plus his new case???

    Marie, you may find a record of your husbands second marriage at the NSO or local marriage registrar.
    It is not grounds for annulment but is grounds for legal separation and can be used to file a criminal case of bigamy against your husband.

  29. ahyan

    good day.. i got married for about 6 years now my husband is in canada and i was informed that he filed for a divorce.. my only question would be will i have the custody of my 5 year old son? thank you.

    Ahyan, you will have custody fo your child until a court in the Philippines decides otherwise.

  30. ashley

    i was married to a japanese guy year 2000. we are not yet divorced when i got married to a filipino again year 2002. but i am already divorced last 2006. is there any possibilities that my marriage to a filipino be annulled?

    Ashley, your second marriage to the Filipino man is not valid as you were still married to a Japanese man and can be used as grounds for annulment.

  31. joel

    is legal separation could allow me to remarry in another country? thank you.

    Joel, legal separation does not allow you to remarry in any country.

  32. ma.sol

    after filing for a legal separation, what is going to be done so that you can marry again?thanks]

    ma.sol, legal separation does not allow a person to remarry. You might as well directly file a petition for annulment. Once a person obtains an annulment they can remarry.

  33. Ysa

    I want to separate with my foreigner husband who is alcoholic (habitual. He got his probationary residence visa here in the Philippines but i wanted him to be deported. I consder him very abusive. Could you please help me?

    Ysa, if you would like our law firm to assist you with this matter, please contact us for a paid consultation.

  34. polyn

    I’m so confuse right now because i don’t know where to ask help,US navy kasi yung husband ko pinoy din xa pero US citizen na bigla syang tumigil ng financial support sa akin and i have a feeling na meron na xang iba dun.may habol po ba ako pra s financial support?at sinasbe pa nya na divorce na daw kame dun e pnagttka ko dito kme kinasal at wla man lng akong pinirmahan na mga divorce papers..gusto ko na rin sna gamitin ulit ang maiden name ko.pde po ba un?hope to hear from you soon..thank you

    Polyn, you are still legally married in the Philippines. If you wish to use our maiden name again you will have to file a petition for annulment, part of the annulment procedure is the demand for support but it will be difficult to enforce as your husband is no longer living in the Philippines.

  35. angel

    my bf and his x are married in iligan province its just a civil wedding and its been 7 years that it has no records here in NSO quezon city what was the problem with that?? is there a possibility that it was a fake marriage? and it was not legal and theyve been seperated since 2007 what should my bf do??
    pls. i need an ans. coz i want him to be free. tnx

    Angel, sometimes documents get lost even at the NSO. Your boyfriend still needs to get an annulment to be free. You never know when the NSO might find the documents and update the records.

  36. derek

    how can i file my annulment if i dont have any records at NSO? my x said that it has no records there.

    Derek, don’t rely on what someone else tells you. Check with the NSO yourself.

  37. mitch

    i need legal advise badly. im married for 7 years civil. 2 years ago he left for japan to work and our kids to our inlaws and me to work here in manila to support myself as he cannot and will not send support for me coz according to him he wont be earning enough to support me and the kids at the same time. he did send support for the kids only for a few months since he lost his job there and since then his siblings and mother were the one supporting our kids. every month i go to visit them and bring whatever stuff i can for the kids since im not earning that much as well. we rarely communicate for 2 years. i can only communicate to him through email since that the only way n most of the time he ignores my mails. he never gave me any number where i can reach him or his family wont even give the infos about him.

    last year i had an accident one night affair and got pregnant and gave birth. a few days ago he came home from japan and took the kids with him and threatens to sue me for infidelity considering that he had abandon me for more or less 2 years without any kind of support. can i sue him for that n still file for legal separation and take custody of my kids?

    any input will be appreciated. thank you.

    Mitch, your case is complicated. You need to consult with a lawyer and give him all the details.

  38. gcel

    i want to file for legal separation (I do not have plans of remarrying) on the basis of infidelity and perversion of my husband. What are the steps I need to do to process it?

    Gcel, the first step is to engage a lawyer to prepare the petition for you.

  39. Karen

    I am married last 2003,we have 2 kids already,we lived together for 2 years..Now he just gone and i dont know where he is..He did not support the children and me…I have a foreign bf who wants to bring me…Can i file a presumptive death on this?thanks!

    Karen, if you obtain an annulment on the grounds of presumptive death no foreign embassy will give you a visa to live overseas with your husband. Most other countries do not recognize annulment on the grounds of presumptive. You should file a petition for annulment on the grounds of psychological incapacity.

  40. mars

    i am a single filipina & planning to get marry with my bruneian boyfriend in Philippines. He is already married but he is a muslim too & allowed to marry til 4 wives as long he can support it equally. is it acceptable in Philippines if we are going to get marry in civil way?.

    Mars, you will need to be married the Muslim way for the marriage to be valid.

  41. she

    could infidelity be a ground for legal separation even if it happened 12 years ago and it might have produced a child. my husband just admitted this recently, and i’ve been so confused, frustrated, and unhappy. if i file daw for legal separation, lalabanan daw nya dahil ayaw nya masira pagsasama namin. salamat po.

    She, infidelity is grounds for legal separation and it is up to you to prove to the judge your case.

  42. Grace

    4 years ago, i got pregnant with my boyfriend as a father. We already have daughter when we got a civil marriage. We dont have plan of getting marriage yet because for us it was just an accident. But my father forced us to get married for child’s sake! Now my life become more miserable because my husband is very unfaithful to me. He got different girls all the time and now that he’s working abroad, he seldom talk to us especially to our child. I heard that he has a girl there in saudi and he joined muslim religion. Me and my child dont really feel the presence of a husband and a father. And everytime he call, he always acusing me that this was all my fault. and that we never plan this life, he was only forced by my father to marry me. He said he dont like me anymore and that we should separate our ways because this is not the kind of life he like.
    Is there any grounds for us to annul our marriage? Can Pshycological Incapacity can be my ground to file for an annulment?

    Grace, yes, psychological incapacity can be used as grounds for your petition of annulment.

  43. apo

    Our son’s marriage was anulled. he is supporting his children no doubt. Does he need to support his ex-wife? What is the Philippine law regarding this?

    APO, it should be indicated in the decree of annulment.

  44. julie

    i got married april 2006 then i discovered that may husband had another woman in december 2007. I forgave him and forget what he did, then february 2008 i left the country to work leaving him there in the Philippines, he is not calling me nor answering my calls, my only contact was my inlaws, i supported him financially through my inlaws until he found a work in another country, from then until now he didnt bother to call me and even her parents doesn’t want to give his number. They said ill just wait because he will call but its been almost 2 years now there was no call nor messages from him. Please advise if there is any ground i can use to file a legal separation or annulment for this case since i think there is no use holding onto him and waiting for nothing, we dont have a child so i want to live totally on my own.

    Please advise.
    thank you

  45. nicole

    Can i file for legal separation from my husband who’s a habitual alcholic and gambler.I”m working here in ksa and it pains me to see that the allowance i’m sending them monthly would just be put to waste.I want to prepare for the future of our 3 children.Oh by the way he’s been out of job for 9 years now.He’s also fond of emotional blackmail by telling me he’ll kill our children every time we argue.Please help me

    Nicole, yes you have grounds to file a petition for legal separation. But take note a legal separation will not allow you to remarry. Annulment does allow you to remarry.

  46. joevan

    I was separated for almost 8 yrs,we got married into civil marriage,we have 1 daughter and she is under my custody.He doesnt gave any financial support for our daughter since we separate and we dont have a communication for almost 7 yrs,i saw him last 2004 with the other girk and he admit that he has a child to the other girl and it was 2yrs.younger to my daughter,after that we dont see each other again but last january he send a msg to my friendster and askung forgiveness,i forgive him since it was a long timo ago and we have a separate life now.since i discover that he got a new family,i dont know if there still in good term of the other girl.i want to know if this could be the ground for annulment and since we are not together for almost 8 yrs. it could be consider annulled because i know that there is a law that if the couple doesnt live for 7 yrs. it is aoutomatically null and me.thanks a lot!Good Day!

    Joevan, no marriage is automatically null and void. Only a judge can annul a marriage by issuing a decree of annulment.

  47. rayray123

    My girl friend and i want to get married in the usa, i want to pay for her legal seperation, will she be able to get her visa to come to the usa once she get her leagal seperation, she was abandon by her husban he went back to japan he left her now for 4 years

    Ray, your girlfriend needs to get an annulment not legal separation if you want to marry her.

  48. rayray123

    I thought you cant get a annulment for abandoment ? so how will she get a visa to come to the usa ?

    Ray, that is correct abandonment is not grounds for annulment. Your girlfriend should file a petition for annulment on the grounds of psychological incapacity. The majority of annulment cases use psychological incapacity as the grounds. Or consult a lawyer to see what other grounds may apply to her case.

  49. lar

    i have a bf for 5 yrs now, he’s been seperated frm his wife for 5 yrs also, she left with him their 10 yr old daughter becoz her reason was dat she cnt get along well with his parent(mother particularly, jzt like any other relationship we’ve been thru a lot an so we’ve decided finaly to marry too, s that possible? he told me he texted already his x-wife and that shes willing to sign any paper that will invalidate their marriage, she wants to be free also and that she jzt dont have money for its posible us too. tnx god bless

    Lar, your boyfriend must file a petition for annulment to have his marriage dissolved.

  50. lisa

    hi, i’m married for 12 years now i’am a filipino citizen my husband is a foreign citizen and he’s having an affair in they’re country can we have an annulment?
    even if he’s a foreigner? we already talked about it and he agrees to have an annulment cause he really love this girl.

    Lisa, all Filipino citizens may file a petition for annulment in the Philippines even if their spouse is a foreigner.

  51. Anne

    I’m separated for almost 9 years now.Me and my husband had no communications at all. I also don’t know if he’s still alive.
    I have a boyfriend and he’s also married and separated for 7yrs.We are planning to file a petition for a legal separation.We are not planning to get married.After the process, can we already live together coz we are already separated from our spouses?

    Anne, legal separation does not allow you to live together, you are still married.

  52. trysha1

    Hi! I am married for 5 years now.I am a permanent resident of Australia.We got married in the Philippines,but we got 2 kids of our own plus i have 1 daughter from my ex bf that he adopted.

    I decided to annul our marriage or divorce because in the long run of our marriage I feel he got a psychological problem.The environment at home is tense bec.the way he treat us all and at the same time I discover he owe lots of money to different people and I do not want to involve.I want to have the kids and his support financially,what can I do?

    Trysha1, you should file a petition for annulment in the Philippines to end your marriage but before that you should file a case for support in Australia.

  53. Marvin

    hi, im planning to file for legal seperation. if this is approved and later on (say several years after) i plan to file for annulment? is these a valid step ? will the petition for annulment be denied because in the first place we are already legally seperated? thanks.

    Marvin, if you can, it is better file for annulment right away. You wil save time and money.

  54. empress

    Hi! My husband and I are separated for about 6 yrs now. We have 4 children and all are living with me. The father ísn’t supporting at all. He is living in with someonelse since we got separated.

    We were married in the US, but we are both Filipino citizens. However, we did not file our marriage contract with the Philippine Consulate in the US, thus, no records here in the Philippines. We are both here in the Philippines.

    Which is more applicable to my situation? Legal separation, Annulment or Divorce?

    Should he get married with his partner elsewhere, can I still file bigamy if ever?

    Emperess, since you were legally married under Philippine law you should file a petition for annulment to dissolve your marriage.

    Your husband would have to remarry in the Philippines if you want to file bigamy charges against him. You must file the case in the country where the crime has been committed.

  55. angella

    Hi i need a advice my bf was abandon by his wife since 3yrs.ago there married was only Secret married but after a year my bf found out that married was valid,my question is can we filled a separation so that we can get married in civil.because they talk about ther problem then the was agree to separate fully.

    Angella, your boyfriend will have to obtain an annulment of marriage if he wishes to marry you legally.

  56. lyn

    good day to you,

    i just want to ask if the decision from the court need to publish? because i am filing for annulement and now i am waiting for the decision from the judge.may iknow how much is the cost?

  57. lhyne


    I’ve been married for 7 years, and we dont have any kid. I feel no love in our relation as husband and wife even we are always together in one roof. Maybe we are together just because we are afraid to what people gonna say about us., even we are a good friend and person to anyone.. Financially., i was disappointed as looks that i am the one whose working or find the way to look of our shortage… As if he only give some and thats it…
    To make it short., we leave together coz we dont want to disappoint everybody in the family eventhough the love is less….
    Do you think, is there a ground in filing for a divorce or annulment?? If there is… what is the procedure… And how long the process will be and how much it will cost me???


  58. Asia Alas

    Hi there,I have a friend who’s been married to an irresponsible guy. All the bad traits in a person,you name it he’s got it.,Anyway my friend went overseas and married somebody there and she filed to nullify and void the marriage in Philippines. She was granted a permanent visa abroad.Her marriage back in Phils was null and void already.New husband found out about the previous marriage and said that he’s gonna tell the embassy to reverse the permanent visa of my friend.What is your view in these matter?Thank you very much.AA

    Asia Alas, your friends second marriage is not valid here or overseas as she was still married to her first husband when she married the second time. The second marriage is a bigamous marriage.

  59. kevin

    Is it possible to file for legal separation if the “aggrieved” party is the offender (infidelity)?

    What if the respondent does not want to be legally separated? Is there any chance for this petition to progress?

    Please advise. Thank you.

    Kevin, we need more details to understand your question. If the respondent does not want to have a legal separation he can oppose the petition in court and the judge will decide to grant legal seaparation or not.

  60. Bambee

    I have been married for 10 years. Got 3 kids. Discovered by sheer accident last year about my husband’s infidelity (emails, photos with his lover, and series of stories from his lover about the relationship – a friendship sort with benefits that ran for 4 years). I am very frustrated, hurt and disappointed that I have been schizophrenic (at times very mad, at times very nice & forgiving). The pain of the deceit is haunting me and I don’t find it healthy anymore for me and my marriage. My husband loves me still and is willing to do everything but I am easily torn trying to live & accept his past while our basic differences become larger than life for me to tolerate. I want to leave him. I don’t know what to do & how to do it correctly. Talking won’t bring us anywhere. I am fed up. In fact, his lover keeps on bugging me & my daughter with nasty mails via bogus FB/ Frienster accounts.

    Question 1: what can i do with the woman so she will stop bothering me? I want to sue her but what grounds would be best?

    Question 2: About my huusband, I want to leave him and desperate at that. What ground can i use if i have to do it legally?

    Please help. The thoughts are making me insane.


  61. Marie

    Dear Sir,
    My father is very unfaithful to my mother. From childhood, I saw him having other women while my mom was working as DH in HK.
    In fact, my father has 2 kids with 2 different women.
    Now, at age 51, he again fathered a child with another woman, who is our neighbor and a relative of my mom.
    This has really damaged our family.
    My father said he will not leave the house bec. it is his, but all that we have is the fruit of my mom’s hardwork.
    My family would like to know if we can file for legal separation, disqualifying my father from any claims on their conjugal property.
    Thank you very much.

    Marie, infidelity is grounds for legal separation.

  62. kylie

    Hi, I have some questions but it is not about me or my marriage, it is about my dad’s marriage. So here my dad was married to this woman, (not my mom) in 1976 and were physically separated since 1983, but they didn’t have a Legal Separation. they were separated for 27 yrs. now, they see each other, but that’s because she was renting an apartment that my dad and his siblings own. My dad died couple of months ago, and she wants 50% of my dad’s estate, is their marriage still valid even if they were separated for a long time?..hope you can give me an answer, Thank you.

    Kylie, This woman which you mention is your father’s legal wife and is entitled to a share of the inheritance as it is conjugal property.

  63. juls

    Hello. Im married for more than 10 years. My husband is a drug user since he was in college. Last 2003 we got separated(not legally) for drug reason. And we live together again last 2006 for he promise to change not do used drugs anymore. Now he uses again. I dont want him to do what he did to me and to my family again. Because he used to steal valuable things, jewelry and money for drugs. He hit me all the time. I have 4 sons and I dont want them to be like their father. And my sons dont like their father to stay with us.
    My question is Do I have a ground for annulment or legal separation?
    Can you advise the financial expenses.

    Juls, you have good grounds for legal separation, you would need to consult a lawyer to find out if you have grounds for annulment.

  64. July

    Hi, my common-law partner is married. We have been living together for more than 10 years now. He hasn’t been in contact with his wife for the past 12 years. She and their only daughter aged 3 yrs old at that time disappeared from his life not leaving any trace. He went looking for them in her hometown, tried speaking with her family but they refused. It was apparent that she wanted to be gone from his life. He exhausted all efforts in finding her. She used to be a Japayuki and he thinks she might have gone and live in Japan but he fears that something terrible happened to her there because she never communicated with him. He searched for her also online and for his daughter but he cannot find them. Now, after 12 yrs, he wants to marry me. we already have a 10 yr old son. And we want him to be a legal heir to whatever we have accumulated in our life especially now that we are planning to buy our dream house. Is presumptive death applicable in this situation?

    July, for presumption off death to be granted, there must be proof that the person was in a place which is life threatening.
    If the presumed dead person reappears, your marriage would be invalidated. It would be better for you to explore the possibility of filing a petition for annulment on the grounds of psychological incapacity.

  65. jessel

    I am married of about 6 yrs. and we got seperated but not legally..then i went abroad. Now, I had live in partner and we got married here in abroad (he’s also not legally seperated). Now, I’m pregnant,..
    my question is…
    Do his wife have the right to file a case to both us to be deported??
    what case she can file??
    A case like concubinage or adultery can be a cause somebody to be deport??
    from which country she can file a case?? from phils. or in abroad???

    tnx a lot…
    I hope u can answer my questions..

    Jessel, it all depends on the laws in the country where you live. She can not file the case in the Philippines as the crime is being committed overseas.

  66. Faye

    Good Day,
    My friend is filipino now an Australian Citizen. She’s having a relationship with a married man from the Philippines.The man is seperated with his wife in the Philippines,he is now going to be an australian citizen in a few months time, is it possible for them to get married in Australia once He gets his citizenship in australia? thanks

    Faye, hey may not get married legally until the man obtains an annulment in the Philippines.

  67. jenny

    my friend is married, she plans to file an annulment, the reason is for this is that she dont love her husband now, is that a valid reason? can she file for an annulment?

    Jenny, not loving one’s husband is not grounds for annulment.

  68. amiliah garcia

    hello,good day,i just wanted to ask if when would be the law in the philippines would allow devorse since there is a lot of couples are not capable of living together,it seems very hard to endure that you wanted to have a good life with the one you love and the one who loves you,but bcause of the bond of marraige from your ex you will not attain that happiness fully.i hope that the government would be awakened that no matter what we do by trying to prove about being a good christian in the Philippines.we cant do anything to stick with the person who gives you so much pain,and hurt why not let the devorse law be granted in our country..I am the first one would be very happy so that i can file a devorse to my estranged husband and marry the one who loves me and gives me all i need and my children to have a better future..and so as others to be happy..I think GOD would understand..thank you for reading my comments.GOODLUCK!!

  69. ryan

    i got my gf pregnant last 2003 and i choose to stand with it. we are both at legal age. four months after she gave birth to my child my parents hired a fixer for our marriage. the fixer process everything and gave us a copy of marriage contract that we both signed but there was no ceremony or what so ever that happened. after the signatures are completed the fixer filed it to our civil registrar and give us the copy of the filed marriage contract which we used for any transactions. i found myself unhappy with my wife and i want our marriage to be void. is it possible.

    Ryan, if the marriage is registered it will be considered valid. To have your marriage annulled you want to explore the possibility of using psychological incapacity as the grounds.

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