Daily Serving of Legal Matters

I had a client who was separated-in-fact with her husband for 18 years.  In fact, her husband already cohabited with 2 different women. Allegedly, her husband was able to contract another marriage. She was asking on whether their separation for 18 years would be a ground for annulment. To answer the query of my client, we have to examine what has been provided by our laws. In the Family Code of the Philippines, there are instances provided on which the marriages shall be void from the very beginning or the marriages shall be declared annulled.  Only those grounds provide by the Family Code shall be considered and nothing else. In the said Family Code, the following marriages shall be VOID from the beginning: 1. Those contracted by any party below 18 years of age even with the consent of parents or guardian; 2. 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 ...

One day, a client asked me whether she could remarry again.  She has been separated from her husband for almost 15 years already.  Is it true that her marriage already expires considering of the number of years she has been separated with her husband? It is one of the many misconceptions people are getting from the circle of friends.  Accordingly, one could remarry again if he or she has been separated with his/her wife/husband for a number of years.  For example, in the situation mentioned in this post, considering that the spouses are separated for more than 15 years already, it would render their marriage null and void. The separation that is tackled here is one that is known as separation-in-fact.  Or the spouses have just agreed to separate without the benefit of any court order.  In short, their separation has not been sanctioned by any order of the court. Separation-in-Fact, no matter how long it may be, does not severe the marriage bon...

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 sti...