Quick answer

Philippine law provides two different court remedies:

Declaration of absolute nullity applies when a marriage was void from the beginning—for example, because an essential legal requirement was absent, the marriage was bigamous or within a prohibited relationship, or a spouse was psychologically incapacitated under Article 36 of the Family Code.
Annulment applies to a marriage that was valid until annulled because a specific defect already existed when it was celebrated, such as lack of required parental consent, legally defined fraud, force, certain mental incapacity, incurable incapacity to consummate the marriage, or a serious and apparently incurable sexually transmissible disease.

Separation, abandonment, infidelity, abuse, incompatibility, or mutual agreement does not by itself terminate a civil marriage. Even when a marriage is void, a person intending to remarry must first obtain a final judicial declaration of nullity and complete the required civil-registry and property registrations. A church annulment alone does not change civil status under Philippine law.

Nullity and annulment are not interchangeable

Issue	Declaration of nullity	Annulment
Status of marriage	Void from the beginning	Valid until annulled
Legal grounds	Articles 35–38 and related provisions of the Family Code; child marriage under Republic Act No. 11596	Article 45 of the Family Code
Filing deadline	The action or defense generally does not prescribe	Strict periods apply, usually five years, depending on the ground
Proof required	Facts establishing the particular ground; Article 36 requires clear and convincing evidence	Facts establishing a statutory defect that existed at the wedding
Can the spouses simply agree?	No	No
Is a court judgment needed before remarriage?	Yes	Yes

The law in force when the marriage was celebrated may matter, particularly for older marriages or marriages governed by Muslim personal law.

When a marriage may be declared void

Under the Family Code, a marriage may be void from the beginning in circumstances including the following:

A party was below 18 years old. Parental consent cannot cure this defect. Republic Act No. 11596 also declares child marriage void from the beginning and makes the action or defense imprescriptible. The Act contains its own definition of a “child,” so a case involving disability or a traditional, customary, or informal union requires fact-specific advice. See the Prohibition of Child Marriage Law.
The solemnizing officer lacked legal authority, unless either or both parties believed in good faith that the officer was authorized.
There was no valid marriage license, unless the marriage fell within a lawful exemption. Exemptions include certain marriages at the point of death and qualifying marriages of parties who had lived together for at least five years without any legal impediment to marry. A false affidavit does not automatically establish a valid exemption.
The marriage was bigamous or polygamous, unless it satisfied the narrow requirements concerning an absent spouse under Article 41. Absence alone is insufficient: the prescribed period, a well-founded belief of death, and a prior judicial declaration of presumptive death are generally required before the subsequent marriage.
One party was mistaken about the actual identity of the other. This concerns identity, not disappointment about character, wealth, employment, background, or personal qualities.
A subsequent marriage was contracted without compliance with Articles 52 and 53 after a previous annulment or declaration of nullity.
An essential or formal requisite of marriage was absent, subject to the exceptions and legal effects stated in the Family Code.
Psychological incapacity existed when the marriage was celebrated, even if it became evident only later.
The marriage was incestuous or prohibited by public policy. These include marriages between ascendants and descendants, siblings, collateral blood relatives within the fourth civil degree, and specified step, affinity, and adoptive relationships. The prohibition also covers parties where one killed a spouse with the intention of marrying the other.

The exact ground must be proved. For example, a PSA record that does not show a license number is not necessarily conclusive proof that no license existed. Counsel may need certified records from the local civil registrar, the marriage-license application, the solemnizing officer’s authority, and any affidavit claiming an exemption.

Psychological incapacity under Article 36

Psychological incapacity is a legal concept, not simply a psychiatric diagnosis. Under the Supreme Court’s en banc decision in Tan-Andal v. Andal, the evidence must show:

Gravity: a genuine inability—not mere refusal, neglect, difficulty, immaturity, or occasional failure—to perform essential marital obligations.
Juridical antecedence: the incapacity existed at or before the wedding, although its manifestations may have appeared later.
Legal incurability: the condition is enduring and persistent in relation to the particular spouse and makes compliance with marital obligations effectively impossible.
Clear and convincing evidence: more than a simple balance of probabilities, although less than proof beyond reasonable doubt.

A psychological or psychiatric examination is not mandatory, and an expert need not personally examine the allegedly incapacitated spouse for the case to be considered. Relatives, friends, coworkers, or other people with firsthand knowledge may testify about enduring behavior before and during the marriage. An expert evaluation can still be useful, but a diagnosis or report does not guarantee a favorable judgment.

Addiction, violence, infidelity, financial irresponsibility, abandonment, or emotional coldness is not automatically psychological incapacity. Such conduct matters only if the totality of evidence connects it to a grave and enduring personality structure that existed when the marriage began and caused an actual inability to fulfill essential obligations. The Supreme Court continued applying this fact-intensive approach in Soto v. Reyes-Soto in 2026.

Grounds for annulment and filing periods

Article 45 allows annulment only for defects existing when the marriage was celebrated.

Ground	Who may file and deadline
A party was at least 18 but below 21 and married without the required parental or guardian consent	The affected party, within five years after turning 21; or the parent, guardian, or person with legal charge before the party turns 21
Either party was of unsound mind	The sane spouse who did not know of the condition, or a relative, guardian, or person with legal charge, before the death of either party; the affected spouse may file during a lucid interval or after regaining sanity
Consent was obtained by fraud recognized by Article 46	The injured party, within five years after discovering the fraud
Consent was obtained by force, intimidation, or undue influence	The injured party, within five years after the force, intimidation, or influence ceased
Either party was physically incapable of consummating the marriage with the other, and the incapacity continues and appears incurable	The injured party, within five years after the marriage
Either party had a serious sexually transmissible disease that appears incurable	The injured party, within five years after the marriage

For purposes of annulment, Article 46 treats the following concealments or nondisclosures as fraud:

A previous final conviction for a crime involving moral turpitude;
Concealment by the wife that, at the time of marriage, she was pregnant by another man;
Concealment of a sexually transmissible disease existing at the time of marriage; or
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage.

This is the statute’s present wording. Sexual orientation by itself is not the ground; Article 46 addresses its concealment under the conditions stated there. Other misrepresentations about character, health, rank, fortune, or chastity are not statutory fraud for annulment.

For several grounds, freely continuing to live together as spouses after the defect ended or became fully known may ratify the marriage and defeat annulment. Obtain advice before assuming that separation, reconciliation, or continued cohabitation has no legal effect.

Who may file

For an ordinary declaration-of-nullity case under the special procedural rule, the petition may generally be filed only by the husband or wife. Annulment follows the ground-specific rules and deadlines above.

Bigamous marriages have a special standing rule. In Quirit-Figarido v. Figarido, the Supreme Court held that only an aggrieved or injured innocent spouse of either marriage may petition to declare the subsequent marriage void for bigamy. A spouse who knowingly contracted the bigamous marriage cannot use their own wrongdoing to obtain capacity to remarry.

Heirs generally cannot bring a direct nullity petition governed by the Family Code rule after a spouse has died. They may, however, question the marriage’s validity when necessary in the proper estate proceeding. If a party dies before entry of judgment in a pending annulment or nullity case, the Family Court must close the case, without prejudice to estate proceedings. Death after entry of judgment does not erase the judgment.

Where and how the case is filed

The petition is filed in the Family Court of the province or city where either the petitioner or respondent has resided for at least six months immediately before filing. If the respondent does not reside in the Philippines, the petitioner may file where the respondent can be found in the country.

Residence is scrutinized. Current requirements include the parties’ complete addresses and, for the petitioner, documents such as:

A sworn barangay residency certification with a location sketch;
Counsel’s sworn statement that counsel personally verified at least six months of residence; and
Supporting proof such as utility bills or a government-issued ID.

Using a temporary or fictitious address to obtain a preferred court can cause dismissal and other legal consequences.

The petition must state the complete facts constituting the ground, not merely repeat statutory language. It must identify the common children, property regime, properties, and relevant requested relief. The petitioner must personally sign the verification and certification against forum shopping; the case cannot be filed solely through an attorney-in-fact. A petitioner abroad must comply with the applicable authentication or consular requirements.

Since April 24, 2025, these cases are covered by Rule 13-A on electronic filing and service. Under the current framework, an initial petition is filed through an authorized primary mode—personal submission, registered mail, or accredited courier—and the petition and accompanying documents must also be emailed in PDF form to the court within 24 hours after completion of that primary filing. Later covered submissions are generally filed and served electronically. Counsel should use the court’s official email address and follow the branch’s current technical and paper-copy instructions. See A.M. No. 25-01-13-SC.

The special rule also requires service of the petition on the Office of the Solicitor General and the city or provincial prosecutor, with proof of service, within five days from filing. Noncompliance with filing, verification, venue, service, or electronic-transmission requirements can result in dismissal.

What happens after filing

The governing procedure is A.M. No. 02-11-10-SC:

Summons is served. The respondent ordinarily has 15 days from service to file a verified answer. If court-authorized service is made by publication, the answer is due within 30 days from the last publication.
No automatic default occurs. If the respondent does not answer, the court does not simply grant the petition. The respondent’s refusal to cooperate is not a veto, but the petitioner must still prove the ground.
The public prosecutor checks for collusion. The State participates to prevent fabricated or suppressed evidence. If the court finds collusion, it may dismiss the petition.
Pre-trial is mandatory. The parties must personally appear unless the court accepts a valid excuse. Evidence and witnesses should be properly identified in the pre-trial brief and order.
Trial is conducted by the judge. No annulment or declaration of nullity may be granted solely through an agreement, admission, confession of judgment, judgment on the pleadings, or summary judgment.
The court decides the ground and related issues. It may also address property, custody, support, and children’s presumptive legitimes, subject to the applicable property regime and prior proceedings.
Post-judgment deadlines apply. A motion for reconsideration or new trial must be filed within 15 days from notice if a party intends to challenge the decision. Such a motion is a precondition to appeal under the special rule. An appeal is then filed within 15 days from notice of its denial.
Finality is not the last administrative step. The entry of judgment, property partition where applicable, and children’s presumptive legitimes must be dealt with and registered as required. The prevailing party must register the decree in the designated civil registries and report compliance to the court within 30 days after receiving the decree.

There is no lawful “guaranteed approval” or universal completion period. Timing depends on service of summons, court calendars, witness availability, property issues, compliance, and any appeal.

Support, custody, children, and property

While the case is pending, the court may issue provisional orders concerning:

Spousal and child support;
Custody and visitation;
Administration of community or conjugal property; and
Other matters requiring urgent protection.

Custody is decided according to the child’s best interests. Nullity or annulment does not end either parent’s duty to support a child.

Children conceived or born before a judgment of annulment becomes final remain legitimate. The same protection applies to children covered by Article 36 and Article 53. For other void marriages, filiation and civil status may differ and should be evaluated under the precise ground and dates; do not assume a child’s status from the parents’ separation alone.

Property consequences are also ground-specific. They may involve liquidation of the absolute community or conjugal partnership, or co-ownership rules under Articles 147 or 148 for unions under a void marriage. Good or bad faith, an existing prior marriage, actual contributions, household work, creditors, titles, and marriage settlements can materially change the result.

Evidence to preserve

Keep original or certified copies where possible and preserve electronic evidence with dates and metadata:

PSA and local civil-registry copies of marriage and birth certificates;
Marriage-license application, license, solemnizing officer’s authority, and exemption affidavits;
Prior marriage records, judgments, entries of judgment, divorce documents, and civil-registry annotations;
A detailed chronology beginning before the wedding;
Messages, emails, letters, photographs, calendars, and travel or residence records;
Financial records showing income, support, debts, transfers, property purchases, and ownership;
Medical, counseling, rehabilitation, police, barangay, or court records lawfully available to you;
Names and contact details of firsthand witnesses;
Documents showing threats, coercion, concealment, or when fraud was discovered; and
Copies of titles, tax declarations, bank records, loan documents, insurance policies, and business interests.

Do not fabricate, edit, coach, or purchase evidence. Do not access another person’s accounts without authority or secretly record private communications without first obtaining legal advice. Preserve the original files and devices instead of relying only on screenshots.

Common mistakes

Treating adultery, abandonment, abuse, or an unhappy marriage as an automatic ground;
Filing under Article 36 with only labels or conclusions and no evidence connecting the condition to the time of marriage;
Assuming that a psychologist is always required—or that a psychological report guarantees approval;
Missing an annulment deadline or freely cohabiting after discovering the defect;
Using a false residence to create venue;
Suppressing a prior marriage, children, property, or creditors;
Believing the respondent’s agreement or nonappearance is enough;
Paying someone who promises a fixed result, a “nonappearance annulment,” or falsified records;
Confusing a religious annulment with a civil judgment;
Remarrying after the decision but before finality, issuance and registration of the decree, and compliance with Articles 52 and 53; or
Assuming nullity automatically cancels support, custody, debts, property rights, or criminal exposure.

When legal help is urgent

Seek immediate assistance when:

A five-year annulment period is close to expiring;
You have received summons or a court order and an answer or appeal deadline is running;
Either spouse plans to remarry;
Property is being hidden, sold, mortgaged, transferred, or withdrawn;
A child may be removed from the Philippines or placed in danger;
A spouse has died and marital status affects inheritance or estate proceedings;
The marriage is potentially bigamous or connected to a foreign divorce; or
There is violence, stalking, coercive control, or an immediate threat.

A person experiencing violence need not wait for an annulment or nullity case. Protection orders and other remedies may be available under Republic Act No. 9262. Contact the nearest police Women and Children Protection Desk, barangay VAW Desk, social-welfare office, or Family Court, and prioritize a safe place.

Those unable to afford private counsel may ask the Public Attorney’s Office or the Integrated Bar of the Philippines National Center for Legal Aid about eligibility and conflicts of interest.

Frequently asked questions

Can spouses obtain annulment simply because both agree?

No. Civil status and the validity of marriage cannot be compromised. A statutory ground must be proved, and the prosecutor participates to prevent collusion.

Is infidelity a ground for annulment?

Not by itself. Depending on the facts, it may support legal separation or another remedy. It may be evidence in an Article 36 case only when the totality of proof establishes psychological incapacity under the required legal standard.

Can the case continue if the other spouse refuses to participate?

Yes, after valid service of summons. The respondent is not declared in default, however, and the petitioner must independently prove the ground.

Do I always need a psychologist or psychiatrist?

No. Tan-Andal holds that expert evidence is not indispensable. Firsthand testimony and reliable documents may prove psychological incapacity, although an expert can be useful in suitable cases.

Is a void marriage automatically erased from PSA records?

No. A final judgment, entry of judgment, decree, and proper registrations or annotations are required. The registered decree is the best evidence of the civil-status change.

May I remarry immediately after winning?

No. Wait until the judgment is final and the decree and required property and civil-registry documents have been properly issued and registered. Remarrying too early can make the new marriage void and may create criminal exposure.

What if a foreign divorce already ended the marriage abroad?

That may require judicial recognition of the foreign divorce, not annulment. Article 26 can apply to a valid foreign divorce involving a foreign spouse, including situations where the Filipino spouse initiated the foreign proceeding, if the foreign decree and the applicable foreign law are properly proved. See Republic v. Manalo. Muslim marriages covered by the Code of Muslim Personal Laws follow distinct rules and Shari’a court procedures.

Official legal sources

This article provides general legal information, not advice for a particular marriage or court case. Outcomes depend on the governing law, dates, documents, testimony, and complete facts. Consult a Philippine family-law practitioner promptly where a deadline, safety issue, foreign judgment, remarriage, child, or property interest is involved. Sources checked through 31 July 2026.