Ang tawag sa sitwasyon ng mag-asawang hiwalay pero walang legal na prosesong dinaanan ay separation in fact. Sa ganitong sitwasyon po, valid pa rin ang kanilang kasal bagamat maaaring sa magkaibang bahay na sila natutulog.
Ang Family Code of the Philippines ay nagtatalaga ng ilang mga paraan o judicial remedies upang mapawalang-bisa ang kasal ng mag-asawa, at ang akmang hakbangin ay magdedepende sa kalagayan at circumstances ng mag-asawa. Nariyan ang (1) Declaration of Nullity of Marriage at (2) Annulment of Marriage. Ang Declaration of Nullity of Marriage ay tumutukoy sa void marriages, at ang Annulment of Marriage naman ay sa voidable marriages.
Ang proseso nito ay magsasampa ng petition ang party na nais magpa-annul or magpadeclare ng nullity ng marraige. Mag-issue ang korte ng summons laban sa respondent or ang asawa ng nagsampa ng petition. Magkakaroon ng ilang hearing at pagdinig para malaman kung present nga ang isa o higit pang grounds ng alinmang petition. After ng mga hearing ay saka lamang maglalabas ng Decree of Annulment or Declaration of Nullity of Marriage ang korte at saka pa lang uutusan ang Local Civil Registrar na i-annotate sa marriage contract ang nasabing decision ng korte.
Ang mga gastusin para dito ay magdedepende sa mga bagay tulad ng pagka-kumplikado ng kaso at klase ng opsyon na pipiliin. Depende rin sa option na pipiliin kung anu-anong mga ebidensiya ang kakailangananing ihanda.
Maaari kayong magfile ng Petition for Annulment based sa mga sumusunod na grounds at periods ayon sa Family Code:
1. That the party in whose behalf it is sought to have the marriage anulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife- may be filed 5 years after turning 21 (underage party filed the petition) or before the child turns 21 (parent or guardian of underage party filed the petition);
2. That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife- may be filed Before death of the other party (sane spouse or their guardian filed petition) or during lucid interval or after regaining sanity and before death of other spouse (insane spouse filed the petition);
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife- may be filed within 5 years from discovery;
4. That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife- may be filed within 5 years from cessation of the cause;
5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable- may be filed within 5 years after marriage; or
6. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable- may be filed within 5 years after marriage.
Ito naman ang grounds para ang isang kasal ay madeclare na void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(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 that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53 (failure to register in the appropriate civil registry and registries of property the judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children’s presumptive legitimes).
Maaari rin naman pong maging ground for declaration of nullity of marriage ang Article 36 ng Family Code tungkol sa psychological incapacity ng isang asawa to compy with essential marital obligations ng marriage.