ANNULMENT vs. LEGAL SEPARATION (Demo)

Annulment and Legal Separation are two options given to married couples who want to live separate lives or end their union. These are provided under the Family Code of the Philippines. The key difference between these are their effects on the marital bond. 

Definition 

Annulment declares the marriage as void, it’s as if no marital bond existed and was never valid  in the beginning. This can be sought when the union is voidable, and is only valid until annulled by the court. 

Legal Separation does not dissolve the established marital bond. It is a remedy for an existing and valid marriage for couples who are unable to live together. Although the couple is still legally married to each other, they are no longer required to live together and all other marital obligations are extinguished.  

Effects 

Once an annulment has been granted, the spouses are no longer considered married. Thus, they can remarry as their previous marriage has been nullified, and have returned to a “single” status. On the other hand, couples who are legally separated cannot remarry since their marriage is still legally valid and recognized. Such couples are only permitted to live apart. 

With regards to their properties, once annulment has been granted, the marital properties are dissolved and liquidated, generally partitioned equally. Similarly, properties are also dissolved and liquidated during a legal separation. However, partitioning of properties for legal separation are quite different. The innocent spouse may have claims to their conjugal property. With regards to child custody, the court handles the matter for annulment cases. For legal separation, the innocent spouse is usually the party awarded with the custody, especially when their children are minors. 

Grounds¹ 

The grounds and its timeline of occurrence for annulment and legal separation are quite different. Article 45 of the Family Code governs the grounds for annulment which are as follows: 

• Lack of parental consent if one party is 18-21 years old 
• Insanity 
• Fraud 
• Force, intimidation, or undue influence 
• Impotence 
• Incurable STDs 
• Psychological incapacity 

In the case of Boado v. Galvez-Boado, Ronald Boado petitioned for a Declaration for Nullity of Marriage on the grounds of Psychological incapacity, wherein he was diagnosed with a Personality Disorder manifested through passive aggressive behavior and emotional dysfunction. The evidence presented shows that he is able to perform his marital obligations, but is unable to emotionally connect and provide a loving presence due to his upbringing. The court granted the petition and declared the marriage void ab initio due to psychological incapacity². 

For annulment, the grounds must have been existing even before the marriage took place. 

Article 55 of the Family Code governs the grounds for Legal Separation which are as follows: 

• Repeated abuse 
• Moral pressure to change religion or political affiliation 
• Attempt to corrupt spouse or children for prostitution 
• Imprisonment of more than six (6) years 
• Drug or alcohol addiction 
• Homosexuality 
• Bigamy or concubinage 
• Sexual infidelity 
• Attempt against life of spouse 
• Abandonment for more than one (1) year 

For Legal Separation, the occurrence of these grounds need not be pre-existing at the time of marriage, but can also arise after. 

Summary 

1. Office of the President. (1987, July 6). Executive Order No. No. 209, s. 1987. Official Gazette. https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/ ↩︎
2. Ronald B. Boado v. Florence C. Galvez-Boado and the Republic of the Philippines, G.R. No. 263627 ↩︎

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