1) Big picture

A long separation—even for many years—does not by itself dissolve a marriage in the Philippines. If you want a lawful exit or to settle property/parenting, you generally choose among:

Legal separation — the marriage remains; spouses live apart; property relations are settled; no remarriage.
Nullity of marriage (absolute nullity) — the marriage was void from the start (e.g., psychological incapacity under Article 36, bigamy, lack of essential/formal requisites); decree allows remarriage after civil registry annotation.
Annulment (voidable marriage) — the marriage was valid until annulled (e.g., vitiated consent, insanity, impotence/serious STD); decree allows remarriage after annotation.
Presumptive death — special remedy to remarry when a spouse has been absent for a legally specified period with well-founded belief of death; not the same as legal separation or nullity.

Long separation may be evidence of a ground (e.g., abandonment for legal separation, or psychological incapacity for nullity), but is never a ground by itself.

2) Legal separation — what it is (and isn’t)

What it does

Authorizes spouses to live separately.
Dissolves the property regime (absolute community/conjugal partnership) and converts it to absolute separation of property going forward.
Allows custody, support, and visitation orders; may include protection orders if violence is involved.

What it does not do

It does not dissolve the marriage bond. No remarriage.
Spousal status and certain impediments remain (e.g., marital disqualification to testify in some criminal cases may persist depending on context).

Typical grounds (must be a marital wrong committed by the respondent), such as:

Repeated physical violence or grossly abusive conduct.
Attempt on the life of the spouse.
Abandonment without just cause for at least one year.
Drug addiction or habitual alcoholism.
Sexual infidelity or perversion; bigamous marriage by the respondent.
Conviction with imprisonment of more than 6 years.
Certain forms of moral pressure/compulsion (e.g., to change religion/political affiliation).
Homosexuality/lesbianism (as historically listed in the Family Code) may be pleaded, but courts typically focus on marital fault and injury rather than orientation per se.

Defenses/Barriers

Collusion, condonation/forgiveness, connivance, mutual guilt (recrimination), or prescription can defeat a petition.

Filing window

Must be filed within 5 years from the occurrence/discovery of the ground (varies with the specific ground).

Cooling-off & reconciliation

A mandatory 6-month cooling-off period from filing before trial (except when there is a serious risk of violence). The court must attempt reconciliation.

Effects on property & inheritance

Community/conjugal property is liquidated; the innocent spouse may receive the forfeited share of the guilty spouse’s net profits, usually in favor of common children.
The guilty spouse is typically disqualified to inherit from the innocent spouse by intestate succession; testamentary dispositions to the guilty spouse may be revoked by law.

Children

Legitimacy is unaffected. Custody is based on best interests; support and parental authority continue and can be judicially allocated.

3) Nullity of marriage — when the marriage was void from the start

Common void grounds

Psychological incapacity (Art. 36) — a grave, antecedent, and relatively incurable inability to assume essential marital obligations; medical diagnosis isn’t indispensable, but proof must be clear and convincing.
Bigamy (a prior subsisting marriage).
Under 18 years old at marriage.
No marriage license (unless covered by statutory exceptions like 5-year cohabitation without legal impediment, death-bed marriages, or remote-area rules).
No authority of the solemnizing officer (subject to good-faith exceptions).
Incestuous or void by public policy marriages (e.g., certain blood relations).

Prescription

Actions for nullity are imprescriptible (you can file anytime).

Effects

The marriage is declared void ab initio; after finality and civil registry annotation, parties may remarry.
Property acquired while cohabiting is generally governed by co-ownership rules (share proven by contribution), not by conjugal/community rules—unless a putative marriage doctrine applies (good-faith spouse protections).
Children: As a rule, children of void marriages are illegitimate; exception — those conceived or born before the judgment of nullity under Article 36 (psychological incapacity) are legitimate under the Family Code.
Support, custody, filiation orders remain available regardless of marital status.

4) Annulment (voidable marriage) — valid until annulled

Grounds (examples)

Lack of parental consent (marriage at 18–21 without the required consent).
Insanity at the time of marriage.
Fraud, force, intimidation, or undue influence vitiating consent.
Incurable impotence or serious sexually transmissible disease existing at marriage and unknown to the other.

Prescription

Strict 5-year (or earlier) windows that vary by ground (e.g., from discovery of fraud; from cessation of force; from regaining sanity, etc.).

Effects

Marriage is void only from the decree (it was valid before).
Children conceived or born before the decree are legitimate.
After finality and annotation, parties may remarry.
Property relations are liquidated like legal separation (but without imposing a “guilty spouse” penalty unless otherwise warranted).

5) Presumptive death — a targeted remedy after long absence

If your spouse has been absent for 4 consecutive years (or 2 years in danger-of-death situations such as war, shipwreck, high-risk occupations) and you have a well-founded belief that the spouse is dead, you may petition for a judicial declaration of presumptive death to contract a subsequent marriage.

Notes

It’s about capacity to remarry, not property liquidation or fault-finding.
If the absent spouse reappears, the subsequent marriage is terminated by law, and the first marriage is revived prospectively; property/children issues then follow statutory rules.
This remedy is not a shortcut for psychological incapacity, legal separation, or annulment.

6) How a long separation actually matters

As evidence of abandonment (legal separation): If one spouse left without just cause and refused cohabitation for ≥1 year, long separation supports the ground; you still need specific proof (dates, demands to resume cohabitation, context).
As evidence of psychological incapacity (nullity): Years of consistent, severe, and pre-existing inability/failure to perform essential marital duties—shown by patterns (e.g., rigid personality disorder-type traits, pathological irresponsibility, chronic infidelity) that pre-dated or were rooted around the time of marriage and are incurable—may satisfy Article 36. Long separation alone is insufficient; courts require a causal, serious, and antecedent condition.
As context for property issues: Separation in fact does not dissolve the property regime. Transfers without spousal consent during the regime can be voidable/void depending on the regime and asset class. Only a decree (legal separation/annulment/nullity) or judicial separation of property truly severs the regime.
For adultery/concubinage/VAWC: Long separation does not automatically excuse criminal or civil liability; facts and defenses remain case-specific.

7) Choosing a remedy — decision guide

A. You need to remarry and believe the marriage was defective from the start → Nullity (Art. 36 psychological incapacity, bigamy, no license/authority, etc.). Pros: frees you to remarry; cleans up status. Cons: Fact-intensive proof; requires clear and convincing evidence.

B. You need to remarry and consent was vitiated → Annulment (voidable grounds). Pros: also allows remarriage; children conceived/born before decree are legitimate. Cons: Strict prescriptive periods and ground-specific elements.

C. You do not (yet) need to remarry but must separate lives and assets, and allocate custody/support → Legal separation. Pros: divides property, orders custody/support, recognizes fault. Cons: No remarriage; still married.

D. Your spouse has disappeared and is plausibly dead → Presumptive death to remarry (narrow use case). Pros: faster than litigating fault/defect. Cons: If spouse reappears, legal consequences are complex; doesn’t liquidate conjugal assets by itself.

8) Side-by-side comparison (at a glance)

Feature	Legal Separation	Nullity (Void)	Annulment (Voidable)	Presumptive Death
Marriage bond	Not dissolved	Never existed in law	Dissolved from decree	First marriage remains; second allowed
Remarriage	No	Yes (after finality + annotation)	Yes (after finality + annotation)	Yes (after decree)
Grounds	Marital fault/wrong (Art. 55-type)	Defect from the start (e.g., Art. 36, bigamy)	Vitiated consent/defect (Art. 45)	Absence 4 yrs (2 in peril) + well-founded belief
Filing deadline	Generally within 5 years of ground	None (imprescriptible)	Yes (varies by ground)	After statutory period
Property regime	Liquidated; guilty spouse penalties	Co-ownership rules (putative spouse protections may apply)	Liquidated like legal separation	Not automatically liquidated
Children’s status	Unaffected	Generally illegitimate, except Art. 36 children legitimate	Legitimate if conceived/born before decree	Children of 2nd marriage legitimate if in good faith (subject to rules)
Fault finding	Yes (assigns guilt)	Not about fault (about capacity/defect)	Not necessarily fault	No fault adjudication

9) Procedure & proof — practical notes

Venue & court

File in the Family Court (RTC) where the petitioner resides (special venue rules may apply). Barangay conciliation does not cover status-of-persons cases.

Evidence

Legal separation: Prove the specific wrongful ground (medical/legal records, police blotters, protection orders, conviction records, correspondence, witnesses).
Nullity (Art. 36): Prove a grave, antecedent, and relatively incurable psychological incapacity that causally prevents assumption of essential marital duties. Expert testimony helps but is not strictly indispensable; lay testimony showing patterns is critical.
Annulment: Prove ground and satisfy prescriptive window (e.g., fraud discovery date; cessation of force; medical proof for impotence/STD).
Presumptive death: Show diligent search, well-founded belief, and elapsed statutory period.

Process characteristics

Prosecutor’s (State) participation to guard against collusion in status cases (nullity/annulment).
Cooling-off (legal separation) and reconciliation attempts directed by the court.
Psychological reports, child interviews (when relevant), and social worker assessments may be ordered.
Finality + Civil Registry annotation are essential before remarriage.

10) Property, taxes, and support

Before decree: Property remains under the original regime; separation-in-fact does not terminate it.
After decree: The court liquidates; expect: inventory, valuation, settlement of debts, delivery of shares, and possible forfeiture rules (legal separation).
Support: Spousal/child support can be pendente lite and post-decree; arrears may be enforced by execution/ contempt.
Taxes: Transfers per decree are generally incident to the property settlement; nonetheless, coordinate with tax counsel on CGT, DST, documentary requirements, and BIR rulings for the mode of transfer and titling.

11) Common myths

“We’ve been apart 10+ years; we’re automatically free.” → False. You’re still married absent a decree (or presumptive death order followed by a valid remarriage).
“Moving on with a partner after long separation is legally safe.” → Risky. Adultery/concubinage and VAWC liabilities can still arise.
“Selling conjugal property is fine since we’ve split.” → Often voidable/void without proper consent or court authority until the regime is judicially ended.

12) Strategy tips

Start with your objective: (remarry, divide assets, safety/relief, status clarity).
Map your strongest ground and timelines (prescription!).
Build a documentary spine: IDs, marriage certificate, kids’ birth certificates, property titles/ORs, bank transfers, messages/emails, medical/police/barangay papers, photos, witness lists.
Consider interim relief: protection orders, hold departure orders (in criminal/VAWC contexts), pendente lite support, exclusive use of the home, injunction against asset dissipation.
Never remarry until the decree is final and annotated on the civil registry records (PSA). Keep certified copies.

13) Quick checklists

If you’re leaning toward legal separation

Identify fault ground and dates; check the 5-year clock.
Prepare evidence of the ground; consider safety measures.
Be ready for 6-month cooling-off (unless excepted) and property liquidation.

If you’re leaning toward nullity

Frame a fact theory that shows a void marriage (Art. 36, bigamy, no license/authority, etc.).
Gather antecedent and current proof (patterns, witnesses, expert report if helpful).
Plan for co-ownership accounting and civil registry annotation post-decree.

If you’re leaning toward annulment

Match your facts to a specific ground and confirm prescriptive deadlines.
Secure medical/legal documentation and timelines (discovery/cessation dates).

If spouse is missing

Document diligent search and reasons for well-founded belief; track the 4-year/2-year period.
Understand implications if the spouse reappears.

14) Bottom line

Long separation is context, not a ground.
Choose legal separation if you need fault recognition, safety, and asset division, but not remarriage.
Choose nullity/annulment if you need capacity to remarry and your facts fit void/voidable grounds.
Choose presumptive death only when absence + well-founded belief of death are provable.
Whatever route, build evidence, mind prescription, and ensure finality + annotation before making life-altering moves.