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There is no divorce in the Philippines and annulment is a complicated area of Philippine law. You need expert legal advice since divorce is not available in the Philippines.

Generally, in order to legally end a marriage in the Philippines there must be a court order declaring the marriage null and void. See the following for grounds for annulment and grounds for a declaration of nullity.

Annulment applies to a marriage that is considered valid but there are grounds to nullify it. For purposes of remarriage, there must be a court order declaring the marriage as null and void.

The grounds for annulment in the Philippines are:

  • Lack of parental consent in certain circumstances
  • Insanity at the time of the marriage
  • Fraud
  • Force, intimidation or undue influence
  • Impotence
  • Sexually transmitted disease at the time of the marriage

A "declaration of nullity" of marriage applies to marriages that are void or invalid from the very beginning. The grounds for a declaration of nullity are:

  • Minority- below the age of consent
  • Lack of authority of solemnizing officer
  • Absence of marriage license
  • bigamous or polygamous marriage
  • Mistake in identity
  • Failure to record an annulment
  • Incestuous marriage
  • Void by reason of public policy
  • Psychological incapacity

There are still other grounds to declare a marriage as null and void as stated above.

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Q: What is the difference between an annulment and a divorce in the Philippines?
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