With the Divorce Bill still being currently deliberated by both Congress and Senate of the Philippines, it is safe to say that, as of this writing, divorce is still not recognized in our country as a way of dissolving one’s marriage. Notwithstanding this, aligned with the reality that not all marital relationships culminate in “happily ever after”, Executive Order 209, as amended, or otherwise known as the Family Code of the Philippines, was enacted last 1987.
Enumerated under the Family Code of the Philippines are the legal pathways or options where one’s marital ties can be dissolved legally. These options are either petition for declaration of nullity of marriage, annulment, or legal separation. To be sure, it is only after undergoing tedious court proceedings that one’s marriage may be terminated. Thus, one’s marriage is not automatically dissolved just because the couples decided to live separately.
Thus, spouses facing severe marital problems and irreparable differences may, depending on the grounds, avail of any of the aforementioned options. However, for purposes of this blog, the focus of the discussions will revolve only between annulment and legal separation as the topic regarding petition for declaration of nullity of marriage will be discussed separately.
That being said, let us now delve into the realm of annulment and legal separation and decipher how one differs from the other.
ANNULMENT OF MARRIAGE: VALID UNTIL ANNULLED
Here, the marriage is considered as voidable. Meaning, the marriage is initially considered valid and existing and remains as such until subsequently annulled by the courts. Hence, thru annulment proceedings, one’s marriage may be legally dissolved by the courts.
Grounds for Annulment:
Article 45 of the Family Code enumerates the following causes or grounds, existing at the time of marriage, to annul a marriage:
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
2. That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
4. That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
6. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
The following circumstances shall constitute fraud referred to in number 3 above:
1. Non-disclosure of a previous conviction by final judgement of the other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
Effects of Annulment:
The judgment of annulment, the partition and distribution of the properties of the spouses, and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.
Either of the former spouse may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
Children conceived or born before the judgment of annulment has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
LEGAL SEPARATION: SEPARATION OF BED AND BOARD
In contrast, in legal separation, the law still acknowledges the existence of the marriage but permits the spouses to live separately. While it does not terminate the marriage like annulment, legal separation, however, provides the for the division of assets, custody arrangements, and financial responsibilities. In this respect, legal separation allows estranged couples to address their concerns without the legal termination of the marriage.
Grounds for Legal Separation:
Art. 55 of the Family Code enumerates the grounds in order for a petition for legal separation may prosper:
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 petitioner by respondent without justifiable cause for more than one year.
Effects of Legal Separation:
Art. 63. The decree of legal separation shall have the following effects:
1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);
3. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
CONCLUSION
In conclusion, the divergent paths of annulment and legal separation require careful consideration of the circumstances and an understanding of the legal intricacies involved. Both options provide solutions for couples facing challenges in their marriages, offering them the chance to move forward in a way that aligns with their individual needs and beliefs. Ultimately, the choice between annulment and legal separation rests on the pursuit of justice, sacredness of family life, and the possibility of a new beginning.
