ANNULMENT,

DIVORCE AND
LEGAL
SEPARATION
Marriage by definition based on the Family Code of
the Philippines is a special contract of permanent
union between a man and a woman entered into in
accordance with law for the establishment of
conjugal and family life. It is the foundation of the
family and an inviolable social institution whose
nature, consequences, and incidents are governed
by law and not subject to stipulation, except that
marriage settlements may fix the property relations
during the marriage within the limits provided by
this Code.
The following marriages shall be void from the
beginning:

Those contracted by any party below eighteen years of

age even with the consent of parents or guardians;
Those solemnized by any person not legally
authorized to perform marriages unless such marriages
were contracted with either or both parties believing in
good faith that the solemnizing officer had the legal
authority to do so;
 Those contracted through mistake of one contracting
party as to the identity of the other.
ANNULMENT

Collins dictionary defines annulment of a contract or

marriage as an official declaration that it is invalid, so
that legally it is considered never to have existed.
What are the grounds for obtaining Annulment?
The marriage was incestuous.
The marriage was bigamous.
The marriage was the result of force, fraud, or physical
or mental incapacity.
The marriage took place when one or both spouses
were below the legal age for marriage.
The marriage took place when one or both spouses
were already married or in a registered domestic
partnership.
The marriage took place when one or both spouse were
under the influence of drugs or alcohol.
Divorce

Is the legal termination of a marriage by a court in a

legal proceeding, requiring a petition or complaint
for divorce (or dissolution in some states) by one
party.
What are the legal grounds for divorce?
Spouses may choose to file for a “no-fault” or “fault-
based” divorce.

No-Fault Divorce. No-fault divorce statutes allow a

spouse to file for divorce without blaming the other
spouse for the dissolution. Grounds for a no-fault
divorce include irreconcilable differences, irremediable
breakdown and loss affection.
Fault-Based Divorce. Many states also allow a spouse
to obtain a fault-based divorce. Grounds for a fault-
based divorce include adultery, abandonment,
domestic violence, and drug and alcohol abuse.
Spouses may choose to obtain a fault-based divorce to
avoid a required waiting period, or to influence the
court’s decisions regarding child custody, child support,
alimony, and division of assets.
Divorces and annulments both have the same effect-
-they dissolve the marriage. However, they differ in
how they treat the marriage. When people get a
divorce, they're still recognized as having been
married previously. An annulment, on the other
hand, treats the marriage as though it never existed --
and in fact, the key distinction of an annulment is
that the union wasn't legal or legitimate to begin
with.
LEGAL SEPARATION

A Legal Separation, is a court order that mandates the

rights and duties of a couple while they are still married,
but living apart. Legal Separation allows you to retain
your marital status, meaning that you’re not free to marry
another.
What are the grounds for legal separation?

Grounds for legal separation typically mirror

state grounds for divorce and can include the following:
incompatibility, abandonment, adultery and cruelty. Just
as in a divorce, the child custody, child support, and
spousal support conditions can only be modified with
court approval.
THANK YOU!