Annulment in the Philippines — Grounds, Process, Timeline, and Cost

This is a practical, plain-English explainer based on the Family Code of the Philippines and long-standing court rules. It’s general information, not legal advice. Courts and local practice vary by city; always consult a Philippine lawyer for your situation.

The landscape at a glance

Declaration of nullity (void marriage): The marriage was void from the start (e.g., psychological incapacity, bigamy, no license in cases where a license is required). Result: it’s as if no valid marriage ever existed.
Annulment (voidable marriage): The marriage was valid when celebrated but had a curable defect (e.g., fraud, force, lack of parental consent for 18–20 year-olds) and is set aside by the court.
Legal separation: Spouses live apart and divide property but remain married (no remarriage).
Church annulment: Decided by a church tribunal. No civil effect unless a civil court issues a decree.
Foreign divorce (Article 26[2]): If one spouse is a foreigner, a valid foreign divorce that capacitated that spouse to remarry can be recognized by a Philippine court, allowing the Filipino spouse to remarry (through a judicial recognition case, not an annulment).

Grounds

A) Grounds for declaration of nullity (void ab initio)

Psychological incapacity (Art. 36): A grave, antecedent, and relatively incurable inability to assume the essential marital obligations.
- Key notes (post-2021 jurisprudence): It’s a legal, not medical, concept. No medical diagnosis is strictly required; credible lay testimony can prove it. The incapacity must pre-exist the marriage and be serious enough to make marital life effectively impossible.
Under 18 at the time of marriage (Art. 35).
No marriage license (Art. 35), except when the law exempts the couple (e.g., certain marriages where the parties lived together as husband and wife for at least five years and had no legal impediment to marry—Art. 34).
Bigamous or polygamous marriage (Art. 35), except in the narrow case of a subsequent marriage under presumptive death rules (Art. 41) that strictly complied with the Code.
Mistake as to identity of a spouse (Art. 35).
Authority/formal defects: Solemnized by someone without authority and neither party believed in good faith the officer had authority (Art. 35); or other formal requisites fatally absent (Art. 3).
Incestuous marriages (ascendants/descendants; siblings of the whole or half blood) (Art. 37).
Marriages void for public policy (e.g., step-parent/step-child, in-laws, adoptive relations, and close collateral relatives within the 4th civil degree; parties who killed the spouse of the other to marry each other, etc.) (Art. 38).
Subsequent marriage void for failure to record a prior decree and partition (Art. 53).

Prescription: Actions for nullity do not prescribe (you can file at any time).

B) Grounds for annulment (voidable marriages, Art. 45–47)

Lack of parental consent (party was 18–20 at the time; no parental consent; and the couple did not freely cohabit after turning 21). File within 5 years after turning 21.
Insanity/unsound mind at the time of marriage (unless the spouses freely cohabited after regaining sanity). May be filed by the insane spouse, a relative/guardian during insanity, or by the sane spouse while the condition lasts.
Fraud (Art. 46), including:
- Non-disclosure of a final conviction of a crime involving moral turpitude.
- Wife’s concealment of pregnancy by another man at the time of marriage.
- Concealment of a sexually transmissible disease existing at the time of marriage.
- Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage. File within 5 years from discovery of the fraud.
Force, intimidation, or undue influence. File within 5 years from the time it ceased.
Impotence (incurable and existing at the time of marriage). File within 5 years from the marriage.
Serious and apparently incurable sexually transmitted disease existing at the time of marriage. File within 5 years from the marriage.

Prescription: Annulment actions have strict filing windows (Art. 47). Miss them and the right is lost.

Who can file, where, and what you file

Who: A spouse with standing under the ground invoked (see prescription notes above). In nullity cases, any interested party may sometimes have standing (e.g., heirs) but spouses typically file.
Venue: The Family Court (RTC) of the province/city where the petitioner or the respondent has resided for at least 6 months immediately before filing; if the respondent is a non-resident, file where the petitioner resides.
What to file: A verified petition with a certification against forum shopping, stating:
- Full facts, specific statutory ground, and supporting details;
- Essential attachments: PSA-issued marriage certificate, children’s birth certificates, proof of residence, evidence (e.g., messages, letters, photos, medical/psych records), and any prior relevant judgments.

The step-by-step court process

Consultation & evidence gathering. Clarify whether your facts fit nullity, annulment, legal separation, or foreign divorce recognition.
Filing & raffle. Pay filing fees; case is raffled to a Family Court branch.
Summons & the State’s participation. The public prosecutor represents the State’s interest (marriage is a social institution) and conducts a collusion investigation. Courts don’t grant petitions by default; proof is required.
Provisional relief (optional). You may seek temporary custody, support pendente lite, exclusive use of the family home, restraining orders, etc., while the case is pending.
Pre-trial. Identification of issues and evidence; marking of exhibits; stipulations on collateral matters (you cannot “settle” the status of the marriage, but you can settle custody, support, visitation, etc.). Non-appearance can cause dismissal.
Trial.
- Petitioner’s evidence (your testimony and witnesses).
  - For psychological incapacity, expert testimony is no longer mandatory; lay witnesses who know the parties well can be decisive—focus on gravity, juridical antecedence, incurability of traits that prevent fulfilling essential marital duties.
- Cross-examination by the prosecutor and (if participating) the respondent.
- Respondent’s evidence (optional).
Memoranda (written arguments), then decision.
If granted: The court issues a Decree of Nullity or Annulment and rules on custody, support, property liquidation, surname use, etc.
Finality & civil registry annotation (crucial).
- After the decision becomes final, you (through counsel) must record the decree and required documents with the Local Civil Registry and PSA (Arts. 52–53).
- Failure to record can render any subsequent marriage void and create serious civil problems.
Implement ancillary orders. Partition/liquidation of property, support arrangements, custody/visitation schedules, delivery of children’s passports, travel clearances, etc.

Standard of proof: These are civil cases—proof by preponderance of evidence, not “beyond reasonable doubt.”

Effects of a granted petition

Marital status:
- Nullity: Marriage was never valid; parties are free to marry after finality and proper civil registry recording.
- Annulment: Marriage is set aside; parties likewise may remarry after finality and recording.
Children:
- In annulment, children conceived or born before the decree are legitimate.
- In nullity, children are legitimate if the void marriage falls under Art. 36 (psychological incapacity) or Art. 53; otherwise they are illegitimate (they still have rights to support and inheritance from the father, though shares differ from legitimate children).
Property:
- In annulment, the absolute community or conjugal partnership is dissolved and liquidated. A spouse in bad faith may forfeit rights to net profits in favor of common children or the innocent spouse (see Arts. 50–51 and related rules).
- In nullity, property relations depend on the parties’ good/bad faith and on whether Art. 147 (cohabitations without legal impediment) or Art. 148 (cohabitations with impediment, e.g., one spouse is married to someone else) applies.
Surname: A woman may revert to her maiden name after finality; continued use of the former husband’s surname post-decree is typically not allowed absent specific legal basis.
Custody & support: Guided by the best interests of the child (Art. 213). Children under seven are generally not separated from the mother unless there are compelling reasons. Child support is mandatory; spousal support is usually pendente lite only and rarely continues after finality.
Succession & donations: Donations by reason of marriage may be revoked. Successional rights between spouses end with the decree.

Timeline (realistic ranges)

Every court docket is different, and participation/contests by the other spouse matter a lot. Typical ballpark durations:

Uncontested, well-prepared: roughly 12–18 months from filing to finality.
Contested or evidence-heavy: 18–36+ months.
Add time (often several months) for PSA/LCR annotations and implementing property/custody orders.

These ranges are descriptive, not promises—delays happen (e.g., busy courts, unserved summons, unavailable witnesses, or appeals).

Cost: what to expect

Actual costs vary widely by city and law office. Think in buckets:

Filing & court fees: commonly a few thousand pesos (varies by court and claims).
Service of summons / sheriff’s fees / messenger / copies: modest but adds up.
Publication (only if court allows service by publication) when the respondent can’t be served—newspaper fees can be significant.
Professional fees (biggest item):
- Attorney’s fees: often ₱150,000–₱400,000+ total in Metro areas (lower/higher possible).
- Experts (optional post-2021 for psych incapacity): psychologists/psychiatrists and testing can range from tens of thousands upward.
After-judgment & civil registry: annotation and certified copies, typically hundreds to a few thousand pesos depending on the number of documents and copies.

Cost-saving paths:

Public Attorney’s Office (PAO) may represent indigent clients (income-qualification needed).
Some law offices offer fixed-fee or installment arrangements.

Evidence tips

Documents: PSA certificates, photos, messages, emails, diaries, medical/psych records, police/barangay reports, school or employment records showing patterns (e.g., abandonment, violence, chronic irresponsibility).
Witnesses: Family, friends, coworkers who know the spouses before and during the marriage.
For psychological incapacity: Focus on behaviors and traits (gravity, antecedence, incurability), not labels alone. Detail specific acts and consistent patterns that show inability to assume essential marital obligations (fidelity, respect, support, cohabitation, parental duties, etc.).

Common pitfalls (and how to avoid them)

Wrong remedy: Some facts fit legal separation or foreign divorce recognition, not annulment/nullity. Diagnose early.
Thin, general evidence: Courts need specifics, dates, and patterns.
Skipping civil registry annotation: This can void a later marriage (Arts. 52–53).
Relying on church annulment alone: It has no civil effect without a court decree.
Missing prescriptive periods for annulment grounds (Art. 47).
Assuming an expert is required for psych incapacity: Not mandatory post-2021, though still helpful in some cases.

Alternatives to consider

Legal separation: If you need protection, custody, and property division without dissolving the marriage (e.g., strong fault grounds like repeated violence, drug addiction, etc.).
Recognition of foreign divorce: If one spouse is a non-Filipino and a valid foreign divorce exists.
Code of Muslim Personal Laws (PD 1083): Different rules and remedies apply to Muslim Filipinos.

Quick checklist for starting

Clarify the correct remedy (nullity vs annulment vs legal separation vs foreign divorce recognition).
Gather PSA docs (marriage certificate; kids’ birth certificates).
Compile evidence and line up witnesses.
Document residency (for venue).
Plan for provisional relief (custody, support) if needed.
Budget for fees (court, counsel, possible publication, copies).
After a grant, annotate the decree with LCR/PSA before planning any remarriage.

FAQs

Can I remarry after a grant? Yes—only after the decision is final and properly recorded in the civil registry (Arts. 52–53).

Will my children be legitimate?

Annulment: Children conceived/born before the decree are legitimate.
Nullity: Legitimate if the void marriage is under Art. 36 (psych incapacity) or Art. 53; otherwise illegitimate—but they retain support and inheritance rights (with different shares).

Is a psychologist required for psychological incapacity? No. Expert testimony can help, but the Supreme Court has clarified it’s a legal concept and can be proven by lay witnesses if credible. The core is gravity, antecedence, and incurability of the incapacity.

What if I can’t locate my spouse? Courts may allow service by publication after due diligence. Expect added time and cost.

How long will it take? Plan for 1–3 years depending on your court’s docket and whether the case is contested.

If you want, tell me your city and a few key facts (e.g., when married, kids, where you and your spouse live, which ground you think applies), and I’ll map them to the most fitting remedy and a tailored evidence plan.