Legal Separation vs. Annulment of Marriage

Legal Separation vs. Annulment of Marriage

In legal separation, the husband and wife are still considered married to each other, and, thus, barred from marrying again.


Is legal separation faster and cheaper than annulment?


No. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month “cooling off” period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation.


What are the grounds for legal separation?


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.

The term “child” shall include a child by nature or by adoption.


4 Responses

  1. Hi good afternoon po.. Gusto ko nga po din sana mag pa annul sa dati ko asawa at mapag usapan about custudy ng mga bata.dahil pinipilit nya po ako pauwiin kahit ayaw ko na sa kadahilanang ayaw ko na maranasan ang mga masaklap na nangyari sakin nung nsa puder nya pa ako.ngayon po.gusto ko ng makalaya sa kanya .ginagawa nyang alas ang mga bata para balikan ko sya .sumusuporta namn ako sa mga bata ayon sa budget nangako sya sya na mag aalaga sa mga bata.kaya ako pumayag na sa kanya muna pansamantala khit alam ko may karapatan sya dahil ama sya pero nawawala sakin ang pag aaalala sa poder nya dahil di wala sa kanya ang pag inum ng alak at minsan masaktan pa nya mga anak init ng ulo nya dahil gusto nya bumalik na ako.same lang din po kc ginagawa nya walang pag babago maingay pag lasing at makulit ayaw ko napo bumalik .sana po matulungan nyo po ako lumaban ng tama at umaasa po ako makakahingi ako ng tulong. Thank you Po .- Jael

  2. Hi. I wanted to Annulled my marriage. I was 21 the time we were married. The term he used was rush marriage. He told me that he will not passed our marriage certificate unless we both like to legalized it, because his friend did that just for the sake of wanting us to live together that time. We did not get any requirements for the rush marriage..for he promise that we can just have the ceremony and still have the time to decide whether we want it to be legal or not. But without 6 months i was shocked that it was already filed and i have my nso copy of our marriage. 10 years after that marriage i want an annulment he was before, went to jail for drug pushing but never convicted. During our marriage i found some of the paraphernalia for using illegal drugs. We fought about it. He Promised not to do it again. But i was never convinced Wether he will not do it again. Up to this point. I wanted out of the marriage. Legally.
    What am i going to do legally? How much is the annulment in the philippines?
    Is there any organization solely for nullyfying the marriage i had?
    Is this ground for annulment? Thank you hope to hear from you soon.

  3. My husband and I converted to Muslim and married in 2014. My husband was married in 2007 and was seperated but not legally.
    Am I considered as a legal wife? As per the Muslim law, Muslim man can marry till 4 wives, please I need a clarification.

  4. Good Afternoon po.. gusto ko na po sana makipaghiwalay sa asawa ko, may tatlo po kaming anak na maliliit pa. palagi ko po siya nahuhuling may babae. may mga ebidensya po ako sa pambabae niya at pinakamalala mo gumagamit siya ng pinagbabawal na gamot. may mga pictures po ako nung babae na nakahubad as in walang saplot. pinicturan pa niya yung private part niya at meron din po siyang video habang naliligo. kasal po kami sa huwes. ano po kaya pwede ko gawin para maging legal po paghihiwalay namin?. salamat po

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