Marriage: State and Church

Q: What is the difference between a marriage annulled by the church and that of the state?

A: Juan and Fe were married in the Church. Unusual interference by the in-laws led to continuous quarrels. Juan filed a case in the matrimonial tribunal which after hearings, said the marriage is annulled. Juan and Fe gave the City Civil Registrar a copy of the matrimonial tribunal decree of annulment. They ask that their marriage contract in the Civil Registry of marriage be cancelled and that their civil status be changed from married to single.

The Civil Registrar said they can only cancel the marriage contract and change the civil status if there is a court order, so it said no. Juan and Fe remain married to each and cannot marry other because their civil status is “married.”

Juan filed an annulment case in court. After hearing, the court annulled the marriage Juan gave the Civil Registrar a copy of the court. The Civil Registrar will cancel the marriage contract and change the civil status of Juan and Fe from married to single. Juan wants to marry Joy because in a civil wedding. The judge will marry them. Juan wants to marry in a church wedding. The church will not marry Joe and Joy because in the church records the marriage of Fe and Juan still exists. It has not been cancelled. The church still considers Fe as married to Juan. The saner solution is to file an annulment case in the church matrimonial tribunal, and in the court. If the tribunal and the court approves it, Juan can marry Joe in a civil wedding or in a church wedding.

Q: That is expensive; filing 2 cases and time consuming, too.

A: In the 90s Sharon Cuneta filed in Manila’s matrimonial tribunal a case against Gabby Concepcion. The tribunal denied Sharon’s petition. Sharon filed case in court which annulled the marriage. Sharon later married Senator Pangilinan.

Q: What is the difference between annulment and legal separation?

A: Juan and Fe are married. If their marriage is annulled in court, Juan and Fe can marry other. If it is for legal separation, Juan and Fe cannot marry others.

Q: What is a common law marriage?

A: Juan is single. Fe is single. They lived as a couple for 10 years and have 3 children, but are not married in church or before a judge. They can marry without a marriage license in a civil (not a church wedding) by executing a joint affidavit plus an affidavit of 2 disinterested persons.

Q: If Juan is married to Fe but left Fe in 1980 and has lived with Joy since 1990 up to 2015. Is the marriage of Juan and Fe cancelled because they have lived apart since 1980.

A: No.

Q: Since Juan and Fe separated in 1980 and Juan and Joy have lived as a couple since 1980, can Juan and Joy marry?

A: No.

Q: Juan and Fe are married but lived apart since 1980. In 1981, Juan and Joy lived as a couple. In 2014, Fe died. Can Juan and Joy marry in 2015?

A: Yes, because Juan became a widower in 2014 when Fe died.

Q: So, Juan should kill Fe so he can legally marry Joy?

A: No, Juan will be convicted of parricide (killing your spouse) and rot in jail.