Legal Separation Versus Declaration of Nullity/Annulment of Marriage

Considering that we have no DIVORCE in our country, we could not file any petition to that effect.  However, the Family Code of the Philippines provides instances on which the spouses may file an action in court when it comes to matters affecting their marriages.

Specifically, the same Family Code discusses the grounds on which the contracting parties may invoke either for Declaration of Nullity or Annulment of Marriage or for Legal Separation as the case may be.

In my previous posts, what were discussed are the grounds for declaration of nullity and the annulment of marriage.

In this post, what would be discussed is the differences between legal separation and the declaration of nullity or annulment of marriage.

1.  In Legal Separation, the bond of marriage is not severed.  The spouses remain married to each other, however, they may be separated from bed and board.  While it permits the partial suspension of marital relations, the marriage bond still exists.

2.  In Declaration of Nullity or Annulment of Marriage, the bond of marriage is severed.  The spouses are brought to the stage of their lives as if no marriage occurred.

3.  In Legal Separation, considering that the marriage bond is not severed, the parties cannot remarry another.

4.  In Declaration of Nullity or Annulment of Marriage, remarry is an option for the party because the marriage bond is severed.  The parties would become single again and would possess all the qualification of marriage.

5.  In Legal Separation, once the party/ies insist/s of remarrying another, he/she may be filed a case of bigamy and another case of adultery or concubinage may be filed as the case may be.

6.  In Declaration of Nullity or Annulment of Marriage, the party/ies marrying another person cannot be indicted with bigamy or adultery/concubinage case.

7.  The grounds for Legal Separation are distinct and cannot be invoked in filing for Declaration of Nullity or Annulment of Marriage.

Source:  The Family Code of the Philippines

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