The Philippines remains the only country in the world (aside from Vatican City) that does not recognize absolute divorce. The Family Code of the Philippines (Executive Order No. 209, as amended) expressly prohibits the dissolution of a valid marriage with the right to remarry, rooted in the 1987 Constitution’s strong protection of marriage as an inviolable social institution.

For Filipinos who wish to end their marriage and remarry, the law provides only limited remedies that either declare the marriage void from the beginning or annul it on specific grounds. These remedies do not “dissolve” a valid marriage; they judicially declare that no valid marriage ever existed or that it is voidable. Legal separation, while available, does not capacitate the spouses to remarry.

Below is a comprehensive discussion of every existing legal pathway that allows a Filipino to remarry after the termination of a previous union.

1. Declaration of Absolute Nullity of Marriage (Void Ab Initio)

A marriage that is void from the beginning produces no legal effects. Once judicially declared void, both parties are free to remarry as if no marriage ever took place.

Grounds under the Family Code:

Article 35 – Void from the Beginning

Contracted by any party below 18 years of age;
Solemnized by a person not legally authorized to perform marriages (unless either or both parties believed in good faith that the solemnizing officer had authority);
Solemnized without a valid marriage license (except in marriages exempt under Art. 27–34);
Bigamous or polygamous marriages (except those valid under Art. 41 on presumptive death);
Mistake as to the identity of the contracting party;
Subsequent marriage after an earlier one was annulled or declared void (unless the prior decree is recorded in the civil registry).

Article 36 – Psychological Incapacity The most commonly invoked ground. The spouse was psychologically incapacitated to comply with the essential marital obligations at the time of the celebration of the marriage, even if such incapacity becomes manifest only after. The incapacity must be:

Grave (serious);
Antecedent (existing at the time of marriage);
Incurable or, even if curable, the cure is beyond the financial or practical capacity of the afflicted spouse.

Landmark cases: Republic v. Molina (1997), Ngo Te v. Yu-Te (2009), Republic v. Dagdag (2001), Kalaw v. Fernandez (2015), Republic v. Manalo (2018 – clarified that Art. 36 applies even if the psychologically incapacitated spouse is a foreigner), and Tan-Andal v. Andal (2022 – significantly liberalized the interpretation, declaring psychological incapacity as a legal concept, not a medical illness, and no longer requiring personal examination by experts in all cases).

Article 37 – Incestuous Marriages Between ascendants and descendants, brothers and sisters (full or half-blood), whether legitimate or illegitimate.

Article 38 – Marriages Against Public Policy Between collateral blood relatives up to the fourth civil degree, step-parents and step-children, parents-in-law and children-in-law, adopting parent and adopted child, surviving spouse of adopting parent and adopted child, surviving spouse of adopted child and adopter, adopted child and legitimate child of adopter, adopted children of the same adopter, parties where one killed the spouse of the other to marry.

Article 53 – Failure to Comply with Recording Requirements After Annulment or Nullity A subsequent marriage without complying with the recording of the decree of nullity/annulment and partition/liquidation of property is void.

Procedure

Filed in the Regional Trial Court (Family Court) of the province/city where petitioner or respondent has resided for at least six months.
Requires the participation of the Office of the Solicitor General (OSG) and the Provincial/City Prosecutor (collusion investigation).
Evidence: psychological/psychiatric evaluation (though Tan-Andal relaxed this), testimonies, documentary proof.
Duration: 2–7 years on average, depending on the ground and court backlog.
Cost: ₱300,000–₱1,500,000+ (lawyer’s fees, psychological reports, court fees, publication).

2. Annulment of Voidable Marriages

Voidable marriages are valid until annulled. Once annulled, the marriage is deemed never to have existed, and parties may remarry.

Grounds (Article 45, Family Code)

Lack of parental consent (party aged 18–20 at time of marriage);
Either party was of unsound mind;
Consent of either party obtained by fraud (concealment of STD, pregnancy by another man, conviction of crime involving moral turpitude, drug addiction, habitual alcoholism, homosexuality/lesbianism, serious STD);
Consent obtained by force, intimidation, or undue influence;
Either party physically incapable of consummating the marriage (impotence) and the incapacity continues and appears incurable;
Either party afflicted with a serious, incurable sexually transmissible disease at the time of marriage.

Prescription Periods (Article 47)

Lack of parental consent: 5 years after attaining 21;
Unsound mind: anytime before death of either party;
Fraud: 5 years after discovery;
Force/intimidation: 5 years after cessation;
Impotence/STD: 5 years after celebration.

Effects

Same as nullity: parties may remarry, children remain legitimate, but property regime is dissolved.

3. Recognition of Foreign Divorce (Article 26, Family Code, as amended by Republic v. Manalo, 2018)

When a marriage between a Filipino and a foreigner is validly dissolved abroad by a divorce decree obtained by the foreign spouse, the Filipino spouse is likewise capacitated to remarry.

After the landmark case Republic v. Manalo (G.R. No. 221029, April 24, 2018), even divorces obtained by the Filipino spouse abroad are now recognized provided:

The divorce is valid according to the national law of the Filipino;
The foreign decree is proven in Philippine court via judicial recognition.

Procedure for Recognition

File a Petition for Judicial Recognition of Foreign Divorce in the Regional Trial Court.
Prove: (1) foreign divorce decree, (2) foreign law allowing the divorce, (3) authentication/apostille.
Average duration: 8–18 months.
After recognition and annotation in the PSA, the Filipino may remarry.

This is now the fastest and most common route for many Filipinos who can afford to go abroad (Dubai, Guam, U.S., etc.) and obtain a divorce.

4. Divorce Under the Code of Muslim Personal Laws (Presidential Decree No. 1083)

Muslims who contracted marriage under Muslim rites may avail of divorce (talaq, faskh, etc.) through the Shari’a Circuit Court or Agama Arbitration Council.

After a valid divorce, both parties may remarry (subject to iddah waiting period for the wife).

Non-Muslims cannot convert merely to avail of Muslim divorce (Republic v. Dayot, 2008; prohibited by Art. 50, PD 1083).

5. Termination of Subsequent Marriage Due to Presumptive Death (Article 41, Family Code)

When a spouse has been absent for four years (or two years in case of danger of death) and the present spouse has a well-founded belief that the absent spouse is dead, the present spouse may contract a subsequent marriage.

If the absent spouse reappears, the subsequent marriage remains valid unless judicially terminated.

This allows remarriage without declaring the first marriage void.

Procedure: Summary proceeding in court to establish presumptive death before contracting the second marriage. Failure to do so renders the second marriage bigamous.

What Does NOT Allow Remarriage

Legal separation (bed and board separation only; marriage bond remains).
Declaration of presumptive death without the required judicial summary proceeding.
Mere conversion to Islam by non-Muslims solely to avail of divorce.

Current Legislative Status (as of November 30, 2025)

Despite repeated attempts since 2001, the Philippines still has no absolute divorce law. The consolidated Absolute Divorce Bill passed the House of Representatives in May 2024 (House Bill No. 9349) but remains pending in the Senate as of this writing. Until enacted, the remedies above remain the only legal pathways for Filipinos who wish to remarry.

Conclusion

For the vast majority of Filipinos, the only ways to legally remarry after a failed marriage are:

Prove the marriage was void or voidable from the beginning (nullity or annulment);
Obtain or secure recognition of a valid foreign divorce;
Avail of Muslim divorce (for those validly married under Muslim law);
Remarry under the presumptive death rule.

These processes are lengthy, expensive, and emotionally taxing, but they are the only lawful routes under current Philippine law.