A long separation—five, ten, even twenty years—is not, by itself, a legal ground to annul or nullify a marriage in the Philippines. This article explains why, and maps the legitimate pathways couples commonly use after a long separation to legally end or reclassify a marriage. You’ll see (1) what counts as annulment vs. declaration of nullity, (2) what grounds the law actually recognizes, (3) how a long separation can still matter as evidence, (4) alternative remedies often confused with “annulment,” and (5) procedure, timelines, and effects.

1) Annulment vs. Declaration of Nullity vs. Legal Separation

Annulment (voidable marriage) The marriage was valid at the wedding but is voidable due to specific defects (e.g., lack of parental consent for an under-21 spouse at the time, fraud, force/intimidation, insanity, impotence, serious and incurable STD). If granted, the judgment annuls the marriage.
Declaration of nullity (void marriage) The marriage was void from the beginning (e.g., bigamy; no marriage license, subject to limited exceptions; psychological incapacity under Article 36; incestuous or void by public policy; underage without parental consent and without valid license exceptions). If granted, the judgment declares the union void ab initio.
Legal separation The spouses remain married, but the court separates them from bed and board; property relations are dissolved and custody/support/visitation are settled. Grounds include abandonment for more than one year, sexual infidelity, violence, etc. Legal separation does not let either spouse remarry.

Bottom line: “Annulment” in casual speech often includes declaration of nullity. In law they are different cases with different grounds. A long separation, by itself, is none of these grounds.

2) So what are the real grounds—and where does “10 years” fit?

A. No ground lists “years of separation”

Neither the Family Code nor jurisprudence makes “five/ten years of separation” a standalone basis to end a marriage. The Philippines has no general divorce (except in narrow special cases), and proposals that would have used long separation as a divorce ground are not the current law.

B. When long separation becomes relevant

Psychological Incapacity (Art. 36, declaration of nullity)
- Requires proof that at the time of the wedding, a spouse had a psychological condition causing real incapacity to assume essential marital obligations.
- Long separation does not create the ground, but sustained patterns during the years apart can be powerful corroborative evidence of a deep-seated, incurable incapacity that pre-dated the wedding and persisted.
- Expert testimony is helpful but not strictly required; the incapacity is a legal (not purely medical) concept. Facts, witness accounts, and documents matter.
Bigamy / prior subsisting marriage (nullity)
- If one spouse had a prior existing marriage when the second marriage took place, the second marriage is void. A long separation from the second spouse does not supply the ground, but it’s often why parties finally litigate it.
No marriage license / formal defects (nullity)
- If the ceremony lacked a license (and no valid statutory exception applied), the marriage is void from the start. Time apart may motivate filing but is not the ground.
Void due to public policy/incest (nullity)
- Again, long separation is irrelevant to the ground but common in the fact pattern.
Annulment grounds (voidable) tied to pre-marriage defects
- Lack of parental consent (spouse under 21 at the time), insanity, fraud, force/intimidation, impotence, serious incurable STD.
- These grounds hinge on conditions at or before the wedding; years of separation don’t create them, though they may inform credibility.

3) Prescriptive periods (time limits) that actually matter

Declaration of nullity (void marriage): No prescriptive period. You can file anytime.
Annulment (voidable marriage): Strict five-year deadlines apply, counted from discovery or cessation of the cause depending on the ground (e.g., five years from discovery of fraud; five years from cessation of force/intimidation; specialized rules for lack of parental consent and insanity; within five years from marriage for impotence/STD).
Legal separation: Must be filed within five years from the occurrence of the cause (e.g., abandonment, infidelity).

A long separation frequently means annulment and legal separation windows have lapsed, steering parties toward nullity (if a void ground exists) or toward other remedies described below.

4) Other remedies often mistaken for “annulment”

Presumptive death (Art. 41 Family Code) If a spouse has been absent and not heard from for at least four years (two years in danger-of-death situations), the present spouse may petition the court to declare the absentee presumptively dead for purposes of contracting a subsequent marriage. This is not an annulment; it’s a separate special proceeding allowing remarriage under strict conditions.
Recognition of foreign divorce If your spouse was a foreign citizen at the time a foreign divorce was validly obtained, a Philippine court may recognize that divorce, which capacities the Filipino spouse to remarry. If both spouses were Filipino when the foreign divorce was obtained, recognition typically does not free the Filipino spouse (save for jurisprudentially recognized scenarios involving a foreign spouse’s divorce).
Legal separation Useful for safety/property/custody relief when no nullity or annulment ground is feasible. It will not let you remarry.

5) How long separation can strengthen or sink a case

Helps a psychological incapacity petition when:
- The separated years are filled with consistent, pre-wedding-rooted patterns (e.g., total inability to provide support or fidelity, chronic abandonment of duties, pathological jealousy or irresponsibility) shown through testimony, messages, financial records, sworn statements of relatives/co-workers, etc.
- The conduct is grave, antecedent, and incurable (or highly resistant to treatment), not mere incompatibility or “falling out of love.”
Hurts an annulment (voidable) petition when:
- The ground is time-barred (e.g., you discovered the fraud ten years ago; the five-year clock ran out).
- Parties continued to cohabit for years with full knowledge of the ground—suggesting ratification.

6) Procedure & key players

Court: Regional Trial Court, Family Court branch where either spouse resides (venue rules apply).
Parties: Petitioner vs. Respondent; the Republic of the Philippines (through the Office of the Solicitor General) is a mandatory party to guard against collusion and fraud. A public prosecutor (or court-appointed investigator) submits a collusion report.
Pleadings: Verified petition stating jurisdictional facts and the specific ground (do not just allege “10-year separation”). Attach civil registry documents and supporting proofs.
Provisional relief: During the case, courts may issue temporary support, protective orders, exclusive use of the home, custody arrangements, and injunctions.
Evidence: Sworn statements, witness testimony, records (financials, chats/e-mails, medical or counseling notes), and where relevant, expert testimony (e.g., psychologist).
Judgment: If granted, the court issues a Decision and Decree (after compliance with registrar annotations and fees). Civil registry entries are annotated. Remarriage is lawful only after issuance of the final decree and registry annotations.

7) Effects on property, children, and names

Property regimes
- In nullity (void ab initio), property relations often fall under Article 147/148 rules (co-ownership depending on good/bad faith and impediments) rather than absolute community/conjugal partnership.
- In annulment (voidable), the marriage was valid until annulled; the court liquidates the absolute community or conjugal partnership, adjudicates reimbursements, and settles debts.
- Separation in fact—even for 10+ years—does not by itself dissolve the property regime; assets and liabilities accrued may still be conjugal/community unless otherwise covered by law or decree.
Children
- Children of void marriages may be legitimated in specific scenarios, or remain illegitimate but retain support and successional rights under the law (with limits).
- Children of voidable marriages remain legitimate (the marriage was valid until annulled).
Surname
- A wife may resume her maiden name after a final judgment of annulment or nullity (and after registry annotations). In nullity for bigamy, nuanced name-use rules may apply during transitions.

8) Costs, timing, and practical strategy

Timeframe: Fact-intensive cases (particularly Art. 36) typically require multiple hearings; durations vary by docket congestion and evidence complexity.
Costs: Filing, publication/notice (if needed), professional fees, experts (optional but sometimes strategic), and registry annotation fees.
Strategy tips:
- Do not file “annulment because we’ve been apart ten years.” Plead a valid ground and align evidence to the legal test.
- For Art. 36, build a chronology from courtship to separation showing antecedent, grave, incurable traits—not just post-separation fights.
- If no valid ground exists (or is time-barred), consider legal separation for property/custody relief, or presumptive death if requirements truly fit, or foreign divorce recognition if legally available.

9) FAQs

Is “ten-year separation” a ground for annulment? No. Length of separation alone is never a statutory ground.

Can long separation win an Art. 36 case? Only if the facts prove a pre-existing, grave, incurable psychological incapacity—not mere incompatibility or choice.

If we’ve been apart ten years, can I remarry now? Not unless you (a) obtain a final decree of annulment/nullity, (b) secure a court declaration of presumptive death and then remarry, or (c) secure recognition of a foreign divorce that legally frees you.

Will our ten-year separation dissolve our conjugal property? No. Separation in fact does not dissolve the regime. A court decree is required to settle and liquidate property relations.

What if we already agreed to move on? Private agreements cannot dissolve a marriage. You still need a court judgment tailored to a valid legal ground.

10) The take-home

There is no “ten-year separation” ground for ending a marriage.
Use the correct legal doorway: declaration of nullity (e.g., Art. 36, bigamy, no license) or annulment (voidable grounds with strict time limits), or legal separation/presumptive death/foreign divorce recognition where appropriate.
A long separation can be strong evidence—but only in support of a properly pleaded ground.
For any path that allows remarriage, you need a final court decree and registry annotations—elapsed years, however many, won’t substitute for them.