Annulment and Nullity of Marriage in the Philippines: Grounds, Process, Costs, and Timeline

Updated for the Family Code regime and key Supreme Court guidance (e.g., Tan-Andal v. Andal, 2021). This is general information, not legal advice.

Quick Map of the Landscape

Two different court actions:
- Declaration of Absolute Nullity (for a void marriage—treated as never valid from the start).
- Annulment (for a voidable marriage—valid until a court annuls it).
No absolute divorce under Philippine civil law (except under the Code of Muslim Personal Laws and certain foreign divorces recognized in PH courts).
Only Regional Trial Courts (Family Courts) can nullify/annul a civil marriage; church annulments are separate and have no civil effect by themselves.

Legal Foundations & Key Concepts

What makes a marriage valid?

Essential requisites: (1) Legal capacity (both at least 18 and not otherwise disqualified); (2) Consent freely given in the presence of the solemnizing officer.
Formal requisites: (1) Authority of the solemnizing officer; (2) Marriage license (unless legally exempt); (3) Marriage ceremony with personal appearance and exchange of consent.

Absence of any essential or formal requisite generally makes the marriage void (with a narrow good-faith exception for lack of authority of the officiant). Defects in essential requisites usually make the marriage voidable.

Grounds

A. Declaration of Absolute Nullity (VOID marriages)

Psychological Incapacity (Art. 36)
- A legal (not purely medical) concept: a grave, pre-existing, and incurable incapacity to assume the essential marital obligations (e.g., mutual love, respect, fidelity, support, co-parenting, partnership).
- Tan-Andal v. Andal (2021) clarified: no rigid “Molina checklist,” and expert testimony is helpful but not indispensable; focus on behavioral evidence showing juridical antecedence, gravity, and incurability.
No marriage license (unless within statutory exemptions—e.g., five-year cohabitation under Art. 34 with proper affidavits; marriages in articulo mortis; certain remote-area cases; separate rules for Muslim/indigenous customary marriages under special laws).
Bigamous/polygamous marriages; prior subsisting marriage (with limited exceptions under Art. 41–43 on presumptive death after 4 years, or 2 years if in danger-of-death circumstances, with a court declaration before remarriage).
Below 18 years old at the time of marriage (void; note: separate criminal liabilities under the Prohibition of Child Marriage Act).
Solemnizing officer without authority, unless at least one or both parties in good faith believed the officer had authority (saving clause).
Incestuous marriages (Art. 37) and those void for public policy (Art. 38) (e.g., certain affinity/consanguinity).
Lack of essential consent (e.g., proxy or coerced consent that negates true consent—often analyzed through Art. 36 or absence of consent).

Prescription: Actions for nullity are generally imprescriptible (can be filed at any time), though related claims (e.g., property, estate) can be affected by death or laches.

B. Annulment (VOIDABLE marriages, Art. 45)

Lack of parental consent (party was 18–20 at marriage).
- Who may file & deadline (Art. 47):
  - By the party whose parent/guardian consent was lacking: within 5 years after turning 21.
  - By the parent/guardian: any time before the child turns 21.
Insanity existing at marriage.
- By the sane spouse who had no knowledge, or by a relative/guardian of the insane spouse: any time before the death of either spouse; by the previously insane spouse: during lucid interval or after regaining sanity, and before death of either.
Fraud (limited to the Family Code’s enumerated frauds, Art. 46):
- Non-disclosure of prior conviction of a crime involving moral turpitude;
- Wife’s concealment of pregnancy by another man at the time of marriage;
- Concealment of sexually transmissible disease existing at marriage;
- Concealment of drug addiction, habitual alcoholism, or homosexuality/lesbianism existing at marriage.
- Deadline: 5 years from discovery of the fraud.
Force, intimidation, or undue influence at the time of marriage.
- Deadline: 5 years from cessation of the force/intimidation/undue influence.
Impotence (incurable physical incapacity to consummate) existing at marriage, unknown to the other.
- Deadline: 5 years from the marriage.
Serious, incurable STD existing at marriage, unknown to the other.
- Deadline: 5 years from the marriage.

A voidable marriage is valid until annulled; acts and property effects during the marriage remain governed by the chosen or default property regime until the decree.

Where to File (Jurisdiction & Venue)

File a verified petition with the Family Court (RTC) in:
- The province/city where the petitioner has resided for at least 6 months immediately before filing; or
- Where the respondent resides.
- If the petitioner is a non-resident of the Philippines, file where the respondent resides in the Philippines.
The Office of the Solicitor General (OSG) represents the Republic; a public prosecutor participates to investigate collusion and ensure no fabrication.

Step-by-Step Court Process

Consultation & case theory
- Identify the proper cause of action (nullity vs annulment) and proper evidence plan.
- Consider provisional reliefs (custody, support pendente lite, protection orders).
Prepare & file the petition
- Verified petition with a certification against forum shopping, material facts, and documentary exhibits (PSA marriage/birth certificates, IDs, photos, messages, medical/psychological reports, proof of residency, etc.).
- Pay docket/legal research fees.
Raffle & issuance of summons
- Service on the respondent (personal/substituted; by publication if allowed by the court).
- Prosecutor’s collusion investigation.
Pre-trial
- Mandatory; court explores settlement on incidental issues (custody, support, property administration), ensures no collusion, may direct mediation on incidental (not status) issues, and requires marking of exhibits.
- Courts must attempt reconciliation where appropriate.
Trial
- Petitioner’s evidence (witnesses incl. the petitioner; family/friends; expert if any for Art. 36; documents; digital evidence following the Rules on E-Evidence).
- Cross-examination by the State; respondent may present defense.
- Even if respondent defaults, the court still requires substantial evidence—these cases are never purely ex parte.
Decision
- If granted, the court issues a Decision and, after lapse of appeal period (or after appeal), an Entry of Judgment and a Decree of Nullity/Annulment.
- The court will address custody, support, property liquidation, and use of surnames as applicable.
Post-judgment compliance (critical!)
- Record the Decision/Entry of Judgment and compliance with Art. 52 requirements (liquidation of property regime and delivery of children’s presumptive legitimes) with the Local Civil Registrar and PSA, and, where relevant, registries of property.
- Failure to record (Art. 53) before a new marriage makes that subsequent marriage void, though children of such subsequent marriage are legitimate (Art. 54).

Evidence Tips (especially for Art. 36)

Build a behavioral timeline showing juridical antecedence (patterns before and at the time of the wedding), gravity, and incurability (e.g., persistent abandonment, chronic irresponsibility toward core marital duties, extreme manipulation or emotional immaturity, inability to support or co-parent, etc.).
Expert evaluation (clinical psychologist/psychiatrist) is helpful but not strictly required post-Tan-Andal; the quality of lay testimony and contemporaneous documents matters greatly (messages, emails, journals, financial records, school/work records, medical notes).
For voidable grounds, match evidence to the statutory elements and deadlines (e.g., medical proof of STD existing at marriage; proof of fraud’s discovery date).

Effects of a Decree

Civil Status & Capacity to Remarry

Parties regain capacity to remarry only after the Decision is final and the judgment and required compliances are recorded (Art. 52–53).

Children

Void marriages (general rule): children are illegitimate, except:
- Children conceived/born of a marriage later declared void for psychological incapacity (Art. 36) are legitimate.
- Children of a subsequent marriage void under Art. 53 (failure to record prior decree/compliances) are legitimate (Art. 54).
Annulled (voidable) marriages: children conceived or born before the decree are legitimate.

Property Relations

Void marriages: Property acquired while cohabiting is governed by co-ownership rules:
- Article 147 (both parties not disqualified to marry each other—e.g., lack of license, Art. 36 cases): properties acquired by joint efforts are co-owned, presumed equal shares absent proof of contribution; wages/salaries are exclusive to the earner; bad-faith party may forfeit share.
- Article 148 (one/both parties disqualified to marry—e.g., bigamy/adulterous unions): only actual joint contributions create co-ownership; shares are strictly pro rata; stricter forfeitures apply for a party in bad faith.
Voidable marriages (annulment): Until annulled, the absolute community or conjugal partnership applies. Upon decree, liquidation and possible forfeitures (e.g., against the spouse in bad faith, per applicable provisions) are addressed, and children’s presumptive legitimes must be delivered.

Surnames

A wife may retain her maiden name or continue using her husband’s surname subject to the decree’s terms and administrative rules; upon finality, she may revert to her maiden name in civil and government records.

Support & Custody

Custody decided by best interests of the child; support obligations to children continue regardless of the marriage’s status. Spousal support may be awarded pendente lite and in certain scenarios post-decree as the law allows.

Costs (Typical Ranges & What Drives Them)

Highly variable by facts, venue, and counsel. Ranges below are indicative only.

Court fees & out-of-pocket: ₱5,000–₱15,000+ (filing fees, sheriff/publication, certifications, transcripts).
Psychological evaluation (if used): ~₱40,000–₱150,000+ (depends on expert, scope, testimony time).
Attorney’s fees: ~₱150,000–₱800,000+ (or more for complex/contested or appealed cases); some lawyers offer fixed-fee phases or payment plans.
Miscellaneous: witness travel, notarial/legalization, document procurement, translations.

Legal aid: If you meet indigency thresholds, try PAO, IBP Legal Aid, or university legal clinics (availability varies).

Timeline (What to Expect)

Filing → Pre-trial: ~3–8 months (service of summons can be the bottleneck, especially if respondent is abroad).
Trial: ~6–18+ months (number of hearings; court calendar; complexity; availability of witnesses/experts).
Decision → Finality: 15 days to appeal (can extend if appealed).
Post-judgment recording with LCR/PSA/registries: ~1–4 months, depending on agencies.

Total: A straightforward, unappealed case may finish in ~12–24 months; contested or appealed cases often take longer. Courts vary widely.

Special/Related Scenarios

Foreign Divorce (Art. 26[2]) If a foreign spouse validly obtains a divorce abroad that allows him/her to remarry, the Filipino spouse may file a petition to recognize that foreign judgment in a Philippine court to update civil status and regain capacity to remarry.
Presumptive Death (Art. 41–43) After 4 years (or 2 years in danger-of-death situations) of absence and a well-founded belief of death, the present spouse may petition for a declaration of presumptive death and then validly remarry. If the absentee reappears, the subsequent marriage is terminated per Article 42 with specific property consequences.
Legal Separation Does not dissolve the marriage—no capacity to remarry—but separates bed and board and property; different grounds and remedies.
Church Annulment A Canon Law process within the Catholic Church; no civil effect unless there is also a civil decree. Conversely, a civil decree does not guarantee a church decree.

Common Pitfalls (and How to Avoid Them)

Wrong remedy (annulment filed when nullity fits better—or vice versa).
Insufficient evidence on juridical antecedence/gravity/incurability for Art. 36.
Missing deadlines for voidable grounds (Art. 47).
Non-compliance with Art. 52–53 before remarriage (risking a void subsequent marriage).
Assuming a church decree is enough (it is not, for civil effects).
Collusive filings or coached testimony (courts and prosecutors actively test credibility).

Practical Checklist

Identify the cause (nullity vs annulment) and verify deadlines (if voidable).
Gather documents: PSA certificates (marriage/children), IDs, proof of residency, communications, financials, medical/psych reports, photos, affidavits.
Secure counsel; discuss budget and evidence plan; consider expert evaluation if Art. 36.
File petition in the proper Family Court; arrange service on respondent.
Prepare for pre-trial (mark exhibits) and trial (witness sequencing).
After a favorable decision: obtain Entry of Judgment/Decree → record with LCR/PSA and registries → update IDs (PhilSys, PSA records, SSS, PhilHealth, GSIS, LTO, passports, bank/KYC, etc.).
Before remarrying: double-check that Art. 52–53 compliances and PSA annotations are complete.

FAQs

Q: Do we need a psychologist for Art. 36? A: Not always. Courts now focus on legal incapacity proved by competent evidence; expert testimony is helpful but not mandatory if lay and documentary evidence convincingly establish the elements.

Q: Can we “mutually agree” to get an annulment/nullity? A: No. The State is a party; the court must ensure no collusion and that legal grounds are proved.

Q: What happens to our children’s status? A: See Children section above; rule depends on ground and timing.

Q: Can I keep my spouse’s surname? A: The court may address this; generally, you may revert to your maiden name. Continuing to use the married name can be subject to rules and the decree.

Q: We married abroad—where do we file? A: You may file in the Philippine Family Court that has proper venue (see Jurisdiction & Venue). Foreign marriages valid where celebrated are generally valid in the Philippines unless a ground under Philippine law applies.

Final Notes

Success depends on matching facts to law and quality of proof.
Timelines and costs vary by venue, complexity, cooperation of parties, and court docket.
For tailored advice, consult a Philippine family-law practitioner with your documents and facts.

If you want, I can turn this into a printable client guide or add a prep pack (document checklist + affidavit/witness templates).