Basics Of Annulment in the Philippines

Basics Of Annulment in the Philippines.

(Last updated 25 March, 2017)

I’ve written before on this subject, and I’m sure I’ll write more.  Here’s a couple of my previous articles to get your thinking juices flowing:

Grounds For Annulment in the Philippines — 2016

Is There Divorce in the Philippines?

Annulment Is a Big Word

Here’s the first thing we have to cover.  I am guilty of writing above some people’s heads in the past and I have to make sure I start from “ground zero” so that all of us are on the same page.

The basic definition of annulment is deceptively simple:

See a lot more about the terms and definitions of annulment here:

Annulment

Annulment is a legal procedure for declaring a marriage null and void.^[1] Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place …

Now I Want To Clarify Something

From now on, in this article and in the future I am going to be talking about Annulment as it applies to foreigners and Filipinos alike within the Philippines.

Here in the Philippines when people use the word “annulment” they may be talking about one of two separate processes, under two separate sets of laws.

For some of you this may be boring because the two processes are already distinct in your mind, but trust me, there is a vast misunderstanding regarding the differences between the two distinct and separate “annulments” in day-to-day conversation and life here.

Canon Law and Civil Law

What is “Canon” Law?

Canon law of the Catholic Church 

I know, I know, I said that already but here’s one major event which has really led to a huge amount of confusion between the two:

Pope Francis makes marriage annulment simpler, free

(read the whole article to know more.)

On august 15, 2015, Pope Francis issued a papal letter which instructed the hierarchy of the Catholic Church to remove impediments to canon law annulment proceedings, especially instructing them to eliminate costs and fees that kept poor people from enjoying the same rights as the rich.

This, IMO, was a long overdue and welcome revision to the workings of the Catholic Church.  If you are of the Catholic faith and wish to stay in line with the teachings of the church, wish to partake of the sacraments of the church, etc., you must have an annulment of any marriage before you can marry another.

Furthermore (and this often comes as a big surprise to non-Catholic’s like it did to me), even if your new spouse is not Catholic, he/she must also receive an annulment if his or her previous marriage was a “Christian” marriage … Catholic or any other Christian denomination recognized by the Catholic Church.

A civil law divorce or annulment is NOT recognized by the Roman Catholic church, so if one spouse is divorced and then marries a Catholic, the Catholic member of the marriage is considered as living in sin because s/he is cohabiting with a married individual not his/her spouse.

Yeah It Came As a Big Shock To Me Too *sigh*

So Pope Francis’s efforts to simplify and make Canon law annulments easier, perhaps even free, is a great step forward.

But before you order up the karaoke machine and start planning your big street party because annulment in the Philippines are now free remember something very important.

Pope Francis and Canon Law Have NOTHING To Do With Philippine Civil Law

If you are typical of many of my readers, who has found aFilipino lady whom you love and want to marry … but your prospective bride was already married in the past, she needs an annulment under Philippine Civil Law.

The Pope’s letter can’t change civil law.  Annulments under the Philippine Family Code (Part of Philippine Civil Law) are:

• Not Free  (better plan a total cost of $1,00 to $200 USD.)
• Not Quick  (the shortest believable time that has ever been reported to me is about 1 year)
• Not Easy ( the Family Code rules on annulments are intentionally written to make termination of the marriage very difficult.  The government of the Philippines does NOT want you to succeed with your annulment, those who do succeed do so “despite” the law rather than becuase of it)

More on the grounds to justify a civil annulment in the Philippines:

Grounds For Annulment in the Philippines 

So Now You Know:

• The difference between civil law annulment and church (Cannon) law annulments.
• That only a civil law (through the courts of the Philippines) can make married person free to marry again.
• Why you may, in fat need BOTH a civil and canon law annulment.
• And why there is no Free civil law Annulment in the Philippines.

What else can I say?  A lot more if you are interested.  Let me know what you think about the Basics Of Annulment in the Philippines?