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Annulment and Divorce: Which is the better option?

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Tied up between annulment and divorce? Which is really the better option?

Annulment and Divorce are two ways of legally ending a marriage, but the difference of the two is not so often discussed.  When it comes to legalizing a separation, it always comes down to either filling for an annulment or a divorce. Although both ultimately end a marriage, the processes of the two actually vary a lot.

In this blog, we will be comparing these two legal procedures to help you weigh which of the two is the better option. If you’re contemplating whether to get an annulment or a divorce, it’s crucial to understand the differences of the two before you make your decision. 

Unfortunately here in the Philippines, divorce laws do not apply. It is for that very reason that people are only left with the option of getting an annulment if they wish to marry once again.

Annulment is a legal procedure that will declare a marital union to be null and void. Divorce or also known as the dissolution of marriage, however, is a process that terminates a marriage. These two differ in terms of how they treat the end of a marriage.

In Annulments, it is like no marriage had ever taken place because the marriage is considered to be invalid from the very beginning. On the other hand, divorce acknowledges the start and the end of a marriage, so that means your previous marriage will be recognized to have been existed at some point but has legally come to an end.  

Both annulment and divorce are subject to legal grounds, but in various states no-fault divorce is already allowed. No-fault divorce allows a person to file for divorce without blaming their spouse for the termination of the marriage, and because of this the process of divorce is more straightforward. In addition, conflicts between parties can be avoided. 

Grounds for annulments are also more complicated to prove as witnesses must be presented to support the claims. However, there is also a stigma towards divorce. Others will opt to file for an annulment because of their own personal religious beliefs. There is also no waiting period to file for an annulment. It is unlike divorce that requires a person to wait at least six (6) months before filling for divorce.  

The choice of whether one should get an annulment or a divorce is a personal decision. You should choose the legal option that is more suitable for you and your circumstances. For instance, if you have religious beliefs to uphold then you may prefer to file for an annulment that will technically indicate that you were never married before as your previous marriage was invalid from the very beginning.

In whatever option you choose, both will still require you to resolve and reach an agreement on certain issues such as division of property, child custody, and other arrangements. So, complications cannot be completely avoided on both options. But at the end of the day, both an annulment and divorce will end a marriage, and either way people will be free to marry again.