Divorce, Annulment and Legal Separation Part II

How was that for some digestive reading? Of course, justifying divorce, annulment and legal separation would be useless without arguments from law. So here’s part II of hopefully the last post on unexciting, yet informative grounds that shed light on the differences of annulment, divorce and legal separation.

Annulment constitutes being given the opportunity to remarry. However, in legal separation, the couple is still considered married to each other, and so cannot remarry. Atty. Pamaos states these 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.

Philippine Law does declare nullity of marriage like divorce but they do not share common grounds. Here’s why:

1. Minority. Those married during their minority even with parental consent.
2. Lack of authority of solemnizing officer. Those who don’t have legal authorization to perform marriages.
3. Absence of marriage license (except in certain cases).
4. Bigamous or polygamous marriages (except when the other spouse is declared as presumptively dead).
5. Mistake in identity.
6. Failure to record with the appropriate registry property distribution and children’s legitimacy after nullity of first marriage.
7. Incestuous marriages.
8. Void by reason of public policy.
9. Psychological incapacity.

I was able to gather some more information on the differences of divorce, annulment and legal separation although it is not in the Philippine context as cohesive sources for it are limited. To sum it all up, Atty. Frederick William Schwinn from California states the differentiations:

Divorce. It is the dissolution and an end to marriage. After divorce, the spouses are considered singly and can marry again. After divorce, parties could ask for child, spousal or partner support, custody and visitation, restraining orders against domestic violence, division of property etc.

Annulment. It is when the court declares a marriage not legally valid like incestuous or bigamous relationships. Instances of force, fraud, physical or mental incapacity, minority age during marriage could nullify marriage. These cases are judged through hearings.

Legal Separation. It does not end a marriage thus remarriage or entering another partnership are prohibited. It is for couples that don’t wish to divorce but would like to live apart and decide on money, property and parenting issues. Some couples may prefer this to divorce due to religious faith. Orders mentioned in divorced could be asked for too.

Sources:

http://attyatwork.com/annulment-divorce-legal-separation-in-philippines-questions-answers/

http://www.avvo.com/legal-guides/ugc/whats-the-difference-between-a-divorce-a-legal-separation-and-an-annulment