ANNULMENT IN THE PHILIPPINES-WHY WAIT FOR THE DIVORCE LAW?

Annulment is currently the only way to dissolve a marriage in the Philippines . A divorce law is now pending approval by the Senate of the Philippines, which allows for the dissolution of a marriage on the ground of irreconcilable differences or separation for at least 5 years, among other grounds.

Many Filipinos seeking to end their marriages are now thinking about delaying filing for annulment in the Philippines in anticipation of the passage of the Divorce Law. We will discuss here why they should proceed to file their annulment cases.

1. Divorce under the proposed law is not automatic. It will also require the filing of a court case with presentation of evidence to prove any of the grounds , including irreconcilable differences between the spouses. Also, because it would be a new law if passed, the process of divorce may turn out to be more complicated than the annulment process in the Philippines, at least in the beginning.
2. For instance, under the proposed law, there is a mandatory 60-day cooling off period after the filing of a Petition for divorce within which the parties have to prove that earnest efforts were exerted to see if a reconciliation is still possible. This is not practical for married couples who have been separated for decades and who may not even know where the other person is at the time of the filing of the petition for divorce. This may make the process longer since the court will have to wait for the participation of the absent spouse.
3. If a person files for annulment now, the cost and time involved in the process will not go to waste because the proposed Divorce Law allows for the conversion of the annulment case to an absolute divorce case.
4. The news reports stating that the cost of an absolute divorce will now be limited to PHP50,000 pesos compared to the cost of an annulment in the Philippines which could be  above PHP300,000 pesos is not accurate. Under the law, a lawyer can still demand a fee higher than PHP50,000 pesos. In effect, there is no guarantee that the cost of a divorce will be lower than the cost of  annulment in the Philippines.
5. Since the Family Code of the Philippines took effect in 1988, a version of an absolute divorce law had been considered by Philippine lawmakers but to no avail due to persistent objection from the Catholic Church. More recently, in 2018, 2020, and 2022, versions of an absolute divorce law were passed on third reading in the House of Representative only to be rejected or shelved in the Senate. Elections for members of the Philippine Congress are schedule for 2025 and there is no indication again that the law will be passed by the Philippine Senate.