How do Filipino Catholics get a church annulment when their state marriage is valid, considering the Philippines doesn't have divorce?
Upvote:0
- Jill can get a state divorce outside the Philippines.
It is a common misconception that if you are state married in state X that any state annulments or state divorces of that state marriage must be in state X.
- With regards to a substitute for a state annulment or state divorce: A state separation likely wouldn't substitute, but if you open your mind to different states, then the non-Philippine state divorce would be a substitute for a Philippine state annulment with regards to petitioning a church annulment wherever Jill got the state divorce. I'm not sure if Jill could still petition for a Philippine church annulment.
STILL, IT SUCKS THAT JILL HAS TO GO ABROAD. No mention of poor Filipino Catholics who are invalidly church married but validly state married.
Upvote:4
They get a church annulment whithout a state annulment (or divorce).
It seems possible to get a church annulment without getting a state annulment before. You can recognize this by a new proposed bill in the Philippine parliament: In future a church annulment shall be recognised as a state annulment. This only makes sense, if a church annulment can be decreed without a previous state annulment.
As posted in my other answer, this is possible in harmony with universal canon law.
However the case you describe is very seldom in the Philippines, because the Philippine family law is really similar to the canon law. Historically it is "based on Catholic canon law". The Supreme Court made a state annulment easier step by step. So now there should be nearly no marriage valid by state law but invalid by canon law.
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