When a marriage reaches a point of no return in the Philippines, spouses often find themselves choosing between two primary legal paths: legal separation and annulment.
It is crucial to distinguish between these two procedures, as one preserves the marriage bond while the other dissolves it entirely.
What Happens to the Marriage Bond?
To put it simply, the main differentiator is whether you remain legally married to your spouse after the court’s decision.
Legal Separation: In a legal separation, the marriage bond remains intact.
Annulment: This legal remedy treats the marriage as if it was void from the start or voidable due to specific defects.
Understanding the Basis for Your Case
The reasons for filing also vary significantly between the two.
When to File for Legal Separation:
You might consider this if your spouse has committed any of the following:
Instances of domestic violence or battery.
Extramarital affairs legal separation vs annulment philippines or sexual misconduct.
Serious problems with drugs or alcohol.
Desertion for over twelve months.
Grounds for Annulment (Article 45 & 36):
Common grounds include:
Psychological Incapacity: One of the most common grounds, where a spouse is unable to comply with essential marital obligations.
Fraud or Force: If consent was obtained through deception, intimidation, or undue influence.
Lack of Parental Consent: Applicable if one party was between 18 and 21 and married without permission.
What Happens to Your Assets and Kids?
Regardless of which path you take, the court will intervene to settle financial matters and the welfare of your children.
One risk of legal separation is that the offending party could lose their rights to certain marital assets.
Making the Decision
Choosing between legal separation vs annulment Philippines depends on your ultimate goal.
For those who value their religious beliefs or do not intend to remarry, legal separation might be the more appropriate path.