This article explains, in plain but precise terms, how annulment, declaration of nullity, and legal separation work under Philippine law—what the grounds are, how a case proceeds, the usual timelines and costs, and what happens to property, children, and surnames.

Big Picture: Three Different Remedies

Declaration of Absolute Nullity (for void marriages) The marriage was never valid from the start (e.g., bigamy, psychological incapacity, no license, prohibited relationships). The remedy is a petition for declaration of nullity.
Annulment (for voidable marriages) The marriage was valid at the start but is cancelable because of defects at the time of celebration (e.g., lack of parental consent for 18–20-year-olds, fraud, force/intimidation, insanity, incurable STD, impotence). The remedy is a petition for annulment.
Legal Separation The marriage remains valid, but spouses are authorized to live separately and divide property. No remarriage is allowed.

Key differences:

Remarriage: Allowed only after a final decree in nullity/annulment and proper civil registry annotation. Not allowed in legal separation.

Children’s status: Children of an annulled (voidable) marriage remain legitimate. Children of a void marriage are generally illegitimate, with important exceptions (e.g., psychological incapacity cases and certain “putative” good-faith situations). Either way, rights to support and custody orders remain available.

Property: All three actions can dissolve or separate property relations, but the basis and distribution rules differ.

Grounds in Detail

A. Grounds for Declaration of Nullity (Void Marriages)

Typical grounds include:

Psychological incapacity existing at the time of marriage (Article 36), serious enough to make a spouse truly unable to assume essential marital obligations, and shown by clear, case-specific proof.
Bigamy/polygamy, except where Article 41 applies (valid subsequent marriage after spouse’s presumptive death under strict conditions).
No marriage license (subject to narrow statutory exceptions).
Solemnized by an unauthorized officer (unless at least one spouse believed in good faith the officer had authority).
Parties below 18 years old at the time of marriage.
Mistaken identity of a party.
Incestuous or prohibited relationships within the degrees defined by the Family Code.

B. Grounds for Annulment (Voidable Marriages)

Lack of parental consent (if a party was 18–20 at marriage).
Insanity (existing at the time of marriage).
Fraud (statutorily enumerated, e.g., concealment of a serious sexually transmissible disease, drug addiction or habitual alcoholism, homosexuality/lesbianism, concealment of conviction for a crime involving moral turpitude, concealment of pregnancy by another man, etc.).
Force, intimidation, or undue influence.
Impotence (incurable and existing at the time of marriage).
Serious, apparently incurable STD existing at the time of marriage.

Prescriptive periods (typical):

Lack of parental consent: within 5 years after turning 21.

Fraud or force/intimidation: within 5 years from discovery or from when the force/intimidation ceased.

Insanity: by the sane spouse before the insane spouse’s death, or by the insane spouse during a lucid interval; relatives may also file in certain cases.

Impotence/STD: within 5 years from the marriage.

C. Grounds for Legal Separation

Repeated physical violence or grossly abusive conduct.
Physical violence or moral pressure to compel change of religious or political affiliation.
Attempt to corrupt or induce a spouse or child to engage in prostitution, or connivance in such corruption.
Final judgment sentencing respondent to imprisonment of more than 6 years.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality (as a ground specified in the Code).
Contracting a subsequent bigamous marriage.
Sexual infidelity or perversion.
Attempt on the life of the petitioner.
Abandonment without justifiable cause for more than 1 year.

Prescriptive rule: File within 5 years from the occurrence of the cause.

Where and How to File

Court: Family Courts (designated Regional Trial Courts).
Venue: Typically where the petitioner resides (with minimum residence period) or where the respondent resides.
Parties: Petitioner vs. Respondent; Public Prosecutor and the Office of the Solicitor General (OSG) represent the State to prevent collusion and ensure evidence is adequate.
Verified petition: States the material facts and specific ground(s), includes attached civil registry documents (PSA/Local Civil Registrar), and supporting evidence.
Case flow (standard):
1. Filing and raffling to a Family Court
2. Prosecutor’s investigation of collusion
3. Preliminary conference / mediation (reconciliation is encouraged; a 6-month cooling-off period applies in legal separation, except in cases involving violence)
4. Trial (direct and cross-examinations)
5. Decision
6. Entry of Judgment when final
7. Decree (of nullity or annulment) or Decree of Legal Separation
8. Civil registry annotation: The decree must be recorded with the local civil registrar and the PSA for it to produce effects against third persons.

Important: A church (canonical) annulment has no civil effect unless and until a civil court judgment is obtained and properly annotated on the civil registry records.

Evidence Tips (Especially for Psychological Incapacity)

Precise, behavior-based proof of incapacity that existed at the time of marriage, showing gravity, juridical antecedence, and incurability.
Expert testimony (often psychological/psychiatric) can be helpful but is not strictly indispensable if other competent evidence suffices; what matters is the link between the incapacity and essential marital obligations (e.g., fidelity, mutual support, respect, shared life).
Corroborating witnesses and documents (messages, medical notes, sworn statements, financial records, police reports, etc.) strengthen the case.

Provisional and Final Reliefs

Across nullity, annulment, and legal separation, courts may issue interim orders, such as:

Protection orders, support pendente lite, exclusive use of the home, custody and visitation, hold departure orders, and restraining orders against harassment or asset dissipation.

In the final judgment, the court typically rules on:

Marital status (void/annulled vs. still married in legal separation)
Property relations (dissolution and liquidation, forfeitures, reimbursements)
Custody, visitation, and support for children
Use of surnames
Damages/attorney’s fees where warranted

Effects on Property, Debts, and Inheritances

Property Regimes

Unless a marriage settlement states otherwise, couples are often under the Absolute Community of Property (ACP); those married under the old Civil Code may have Conjugal Partnership of Gains (CPG).
Nullity/annulment generally dissolves the ACP/CPG, followed by liquidation:
- Return of each spouse’s exclusive properties;
- Net community/conjugal assets are divided after settling obligations;
- Forfeiture may apply against the guilty spouse in certain cases, especially where bad faith or a cause attributable to one spouse is proven.
In void unions outside marriage (e.g., cohabitation), Articles 147/148 apply (co-ownership rules), with different consequences depending on whether both parties were in good faith and whether the relationship was adulterous/bigamous.

Debts

Family expenses and obligations incurred for the community are chargeable to community assets; personal debts remain personal. Courts often reconstruct ledgers during liquidation.

Inheritance

Annulment or nullity changes who is a legal spouse for purposes of future succession.
Legal separation does not change spousal status for inheritance (but may introduce disqualifications and revocations of donations between spouses).

Children: Legitimacy, Custody, and Support

Legitimacy
- Annulment (voidable): Children conceived or born before the annulment remain legitimate.
- Nullity (void): Children are generally illegitimate, except in specific scenarios (e.g., psychological incapacity cases and certain putative-marriage good-faith situations recognized in jurisprudence).
Custody
- Guided by best interests of the child; young children are typically with the mother barring compelling reasons.
- Courts craft structured visitation and may appoint custody evaluators or require parenting plans.
Support
- Both parents owe support proportional to resources and child’s needs, regardless of marital status or legitimacy.

Surnames and Civil Registry Changes

After annulment/nullity becomes final and annotated, a wife may resume her maiden name (or retain the husband’s surname in narrowly defined circumstances based on equity and good cause).
In legal separation, courts may allow a return to maiden name, but rules are stricter since the marriage subsists.
Always complete PSA/LCR annotation so third parties can rely on the change.

Timelines

Document gathering & filing: 2–8 weeks (varies by case readiness).
Trial to decision: commonly 1–2+ years, depending on court caseload, number of witnesses, and whether the respondent contests.
Finality & annotation: add 1–3 months (or more) for entry of judgment, decree issuance, and PSA/LCR annotation.

These are typical practical ranges; complex or contested cases can take longer.

Costs (Typical, Real-World Ranges)

These are ballpark figures to help with planning. Actual amounts vary by city, court, law firm, evidence scope, and complexity.

Filing & court fees: ~ ₱5,000–₱15,000 (can be higher with multiple copies, sheriff’s fees, and incidentals).
Process service, copies, certifications: ~ ₱3,000–₱15,000.
Publication/notice costs (if needed for summons by publication or required postings): highly variable, ₱8,000–₱30,000+.
Psychological evaluation (if pursued): ₱30,000–₱120,000+ depending on expert, testing, and testimony.
Attorney’s fees: acceptance + appearance + trial bundle commonly totaling ₱150,000–₱500,000+ across the life of a case, depending on complexity, location, and firm.
Post-judgment/annotation costs: ₱2,000–₱10,000+ (certified copies, PSA processing, couriering).

Tip: Ask counsel for a written fee structure (what’s included/excluded), expected number of hearings, and who pays expert fees.

Practical Strategy Notes

Choose the correct remedy: Don’t force “psychological incapacity” if the facts better fit legal separation or annulment; mismatched theories fail often.
Evidence discipline: Keep a timeline of events, collect documentary proofs, and line up witnesses early.
No collusion: Courts scrutinize for coached narratives. Consistency and independent corroboration matter.
Safety first: If there is violence, seek TPO/PPO and consider criminal/administrative remedies (e.g., under special laws on VAWC), separate from the marital action.
Foreign elements: If a spouse obtained a valid foreign divorce and one spouse was a non-Filipino, the Filipino spouse may pursue judicial recognition of foreign divorce before remarrying. This is separate from annulment/nullity.

Step-by-Step Checklist (Annulment/Nullity)

Consult and decide on the proper cause of action.
Secure civil registry documents (PSA birth/marriage certificates; prior marriage records if applicable).
Gather evidence (messages, records, witnesses; for Art. 36, consider expert evaluation).
File verified petition in the proper Family Court.
Attend prosecutor’s collusion investigation and pre-trial; consider settlement of property/custody issues if possible.
Trial: present witnesses and exhibits; expect cross-examination.
Decision → Finality → Decree.
Annotate with LCR/PSA and update records (IDs, banks, titles) as needed.

Frequently Asked Questions

Can I remarry after legal separation? No. Only after a final and annotated decree of nullity or annulment.

Will my spouse’s adultery automatically win my case? It can be a ground for legal separation or evidence relevant to other claims, but each remedy has strict elements and proof standards.

Do I need a psychologist for Art. 36? Not strictly required in all cases, but often pivotal. What’s essential is clear, case-specific proof of incapacity existing at the time of marriage.

Are children “illegitimate” if my marriage is void? Often yes, but there are notable exceptions (e.g., psychological incapacity cases and certain good-faith “putative” situations). In any case, support and custody protections remain.

Is a church annulment enough? No. You still need a civil court judgment and civil registry annotation.

Final Word

Annulment, declaration of nullity, and legal separation are powerful but fact-driven remedies. Success turns on choosing the right remedy, proving the elements with concrete evidence, and completing civil-registry annotation after judgment. A candid strategy session with counsel—grounded in documents, timelines, and realistic budgets—will save time, money, and heartache.