Annulment in the Philippines: Grounds, Timeline, and Fees

This is a practical guide to the Philippine civil process. It summarizes the Family Code, Supreme Court rules, and common courtroom practice as they stood as of mid-2024. It’s not legal advice—facts matter a lot—so consult a Philippine lawyer for your situation.

The Big Picture

The Philippines does not have a general civil divorce law for non-Muslims. When marriages break down, people usually pursue one of four civil remedies:

Declaration of Absolute Nullity (void marriage) – the marriage was never valid from the start (e.g., bigamy, no license, psychological incapacity under Art. 36).
Annulment (voidable marriage) – the marriage was valid until a court annuls it for defects in consent or capacity (e.g., fraud, intimidation, impotence).
Legal Separation – spouses remain married but live apart; property and custody/support are settled; neither can remarry.
Recognition of Foreign Divorce (Art. 26[2]) – if a foreign spouse obtains a valid foreign divorce, the Filipino spouse may have it recognized in court and regain capacity to remarry.

This article focuses on Annulment (voidable), but also explains Nullity (void) because many people say “annulment” when they actually need a declaration of nullity.

Key Terms You’ll Hear

Family Court: A designated Regional Trial Court (RTC) that hears family cases.
Petition: The verified pleading that starts your case, filed under the Supreme Court’s Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC).
Public Prosecutor: Investigates collusion (to ensure the State’s interest in marriage is protected).
OSG (Office of the Solicitor General): Represents the State on appeal and is notified of proceedings.
Final & Executory / Entry of Judgment: The decision can no longer be appealed; only then can civil registry records be annotated.

What’s the Difference? Annulment vs. Nullity

Annulment (voidable marriage): The law presumes the marriage was valid until annulled. Once annulled, the marital bond is severed prospectively.
Declaration of Nullity (void marriage): The union never produced a valid civil marriage (void from the beginning), but you still need a court declaration to have civil effects and to remarry.

People often conflate them. Use the correct remedy, because grounds, deadlines, evidence, effects on property/children, and fees can differ.

Grounds for Annulment (Voidable Marriage)

Under the Family Code (primarily Arts. 45–47), a marriage may be annulled on any of these grounds. Each has time limits and can be barred by ratification (continuing to live together after knowing the defect or after the cause ceases).

Lack of parental consent
- One party was 18–21 and married without the required parental consent.
- Who/When to file:
  - By the parent/guardian: before the party turns 21.
  - By the spouse whose consent was required: within 5 years after turning 21.
- Ratification: Free cohabitation after turning 21 bars annulment.
Insanity or unsound mind at the time of marriage
- Who/When:
  - By the insane spouse: before regaining sanity.
  - By a relative/guardian: any time before death.
  - By the sane spouse who didn’t know of the insanity: within 5 years after the marriage.
- Ratification: Free cohabitation after regaining sanity bars annulment.
Fraud vitiating consent (file within 5 years after discovery)
- The Code gives examples of fraud that count, such as:
  - Concealment by the wife of pregnancy by another man at the time of marriage;
  - Concealment of a serious and apparently incurable sexually transmissible disease (STD);
  - Concealment of drug addiction, habitual alcoholism, or homosexuality/lesbianism;
  - Non-disclosure of a prior conviction of a crime involving moral turpitude.
- Ratification: Free cohabitation after discovery bars annulment.
Force, intimidation, or undue influence
- File within 5 years from the time the force/intimidation/undue influence ceases.
- Ratification: Free cohabitation after it ceases bars annulment.
Impotence (physical incapacity to consummate with the other, continuing and apparently incurable)
- File within 5 years from the marriage.
Serious and apparently incurable STD of either party
- File within 5 years from the marriage.

If your facts don’t fit these, you may be looking at a void marriage (next section) or at legal separation instead.

Grounds for Declaration of Nullity (Void Marriage)

Common void causes include:

Psychological Incapacity (Art. 36) – A spouse has an enduring incapacity, existing at the time of the wedding (even if it surfaced later), to assume essential marital obligations (e.g., fidelity, respect, cohabitation, mutual support, parental duties).
- In Tan-Andal v. Andal (2021), the Supreme Court clarified that psychological incapacity is a legal concept; it need not be a clinical diagnosis, and courts may decide based on the totality of evidence (testimonies, records, behavior), though expert testimony is still common and often persuasive.
Under 18 at marriage (no exceptions).
No valid marriage license (unless covered by statutory exceptions like Art. 34 five-year cohabitation, or deathbed marriages).
Bigamy/polygamy (unless the special “presumptive death” rules and judicial declaration were followed before the second marriage).
No authority of the officiant (unless there was good-faith belief in such authority).
Mistake as to identity of a party.
Incestuous or prohibited marriages (close blood relations/public policy degrees).

No prescription: Actions to declare a marriage void don’t prescribe; you can file any time (practical defenses like laches aside).

Who May File, Where, and What to Expect

Who: Typically a spouse (or a parent/guardian in limited cases). The State (through the prosecutor/OSG) participates to guard public policy on marriage.
Venue: Family Court of the city or province where either spouse resides. If respondent is abroad or unknown, venue lies where the petitioner resides.
Core contents of the petition: Verified facts, ground(s) relied upon, detailed circumstances showing the ground existed (or vitiated consent), and required attachments (civil registry documents, evidence, certification against forum shopping).
Service & Collusion check: The public prosecutor must investigate and report on possible collusion (you can’t “agree” your way to annulment/nullity).
Mediation: Personal status (the marriage itself) is not subject to compromise; however, custody, support, and property issues are typically referred to Court-Annexed Mediation/JDR to narrow disputes.
Hearings & Evidence: Direct and cross-examination of the petitioner, witnesses (family, friends, co-workers), and experts (e.g., psychologist/psychiatrist for Art. 36). Documentary proof (medical, police, messages, photos, financials) matters.

Evidence Tips by Ground

Art. 36 Psychological incapacity: Patterned behavior pre- and post-wedding, third-party testimonies, school/work records, abandonment, serial infidelity, pathological jealousy, sustained irresponsibility, abuse. Expert evaluation helps but isn’t mandatory after Tan-Andal.
Fraud: Proof of concealment and when you discovered it (because of the 5-year clock).
Force/Intimidation: Contemporaneous messages, reports, or witnesses showing threats, coercion, or undue pressure.
Impotence/STD: Medical workups; if the other spouse refuses testing, courts may draw adverse inferences.
Unsound mind: Medical history, guardianship records, hospital notes, and behavior witnesses.
Parental consent: Birth certificate, proof of age at wedding, and absence of written consent.

Typical Timeline

Every court’s docket is different, but a realistic range is ~1 to 3 years from filing to finality if uncontested and evidence is ready; contested or appealed cases can take longer. A common cadence:

Preparation & filing – 2 to 8 weeks (gather documents, psychological eval if any, draft petition).
Raffle & initial orders – 1 to 3 months (case number, prosecutor referral, summons).
Pre-trial – 3 to 6 months (define issues; mediation for custody/support/property).
Trial (petitioner’s and respondent’s evidence) – 3 to 12+ months (number of settings, postponements, expert scheduling drive this).
Decision – 1 to 6 months after the last hearing (varies widely).
Appeal window – usually 15 days from receipt. If no appeal, the decision becomes final & executory and an Entry of Judgment issues.
Civil registry annotation – 1 to 3 months after you file the certified decision and entry of judgment with the Local Civil Registrar and the PSA (annotation then appears on your marriage certificate/CENOMAR).
Post-judgment matters – property liquidation, custody/support arrangements, name change in IDs, etc.

Fast tracks exist only in very limited scenarios (clean uncontested records, diligent counsel, light court calendar). Beware of anyone promising “guaranteed annulment in a few months.”

Fees and Costs (Typical Ranges)

Actual costs vary by city, counsel, and complexity. Expect:

Court filing & legal research fees: ~₱2,000–₱10,000
Sheriff/process service: ~₱1,000–₱3,000
Publication of summons (only if respondent is unknown/unserved): ~₱10,000–₱25,000
Mediation fees (if assessed): ~₱500–₱2,000
Transcripts, photocopying, certifications: ~₱5,000–₱20,000
Psychological/psychiatric evaluation (if used): ~₱20,000–₱100,000+ (metro rates can be higher)
Medical tests (impotence/STD grounds): variable
Attorney’s fees (largest component):
- Professional fee (fixed or staged): commonly ₱150,000–₱600,000+ depending on counsel, ground, and trial length
- Appearance fees (per hearing): often ₱5,000–₱25,000 each
Post-judgment annotation (civil registry/PSA copies): usually ₱1,000–₱3,000 total

Cost control tips: Prepare documents early, minimize postponements, consolidate witness hearings, and be responsive to counsel. Indigency fee waivers and legal aid may be available based on means; ask your lawyer or local IBP chapter.

Effects of a Granted Annulment (Voidable)

Status: Parties regain capacity to marry after finality and civil registry annotation.
Children: Those conceived or born before the judgment of annulment are legitimate.
Property: The marital property regime (absolute community/conjugal partnership) is dissolved and liquidated; debts and assets are settled; issues of support/custody are finalized.
Names: Either spouse may resume their pre-marriage surname; coordinate with PSA, DFA, LTO, banks, SSS/GSIS, PhilHealth, etc.

Effects of a Granted Declaration of Nullity (Void)

Status: The marriage is void from the beginning, but you still need the court decree and annotation for civil effects (and to remarry).
Children: Rules differ by ground. Children from a union void for psychological incapacity (Art. 36) are treated as legitimate; for other void causes, children are generally illegitimate (but enjoy support and inheritance rights as the law provides).
Property: If both parties were free to marry but the marriage is void (e.g., lack of license), property acquired by their joint efforts typically falls under Article 147 co-ownership rules; If one or both had a legal impediment (e.g., bigamy), Article 148 applies—shares depend on actual contributions, and a party in bad faith may forfeit benefits.
Names: Same practical steps as above.

Critical: To avoid criminal bigamy exposure, never enter a new marriage until the prior union’s nullity/annulment is final and properly annotated.

Special Path: Recognition of Foreign Divorce (Art. 26[2])

If you married a foreigner, and that foreign spouse validly obtained a divorce abroad that capacitated them to remarry, a Philippine court can recognize it, restoring your capacity to remarry. You prove the foreign law and divorce decree (often via official/certified copies and proof of the foreign law’s text/force) in a local recognition case. (Different rules apply to two Filipinos who divorced abroad.)

Procedural Roadmap (Step-by-Step)

Lawyer consult & case theory (choose correct remedy; map evidence; budget/time plan).
Evidence prep (civil registry docs, IDs, communications, medical/psych reports, witness affidavits).
File the petition (proper venue; verified; with certification against forum shopping).
Court orders & prosecutor report (collusion investigation; summons).
Pre-trial (define issues; provisional reliefs like custody, support pendente lite, exclusive use of family home, supervised visitation; mediation for non-status issues).
Trial (petitioner’s evidence; respondent’s evidence if any; expert testimony as needed).
Memoranda (some courts require written summations).
Decision → Finality/Entry of Judgment (watch the 15-day appeal window).
Civil registry annotation (file certified decision + entry of judgment with the Local Civil Registrar where the marriage was recorded, and with the PSA).
Aftercare (property liquidation, implement custody/support orders, update IDs/records).

Common Scenarios & Notes

Spouse abroad/unknown: Service by personal service, then substituted or publication if justified; expect added cost/time.
Church (ecclesiastical) annulment: Has no civil effect by itself. You still need a civil case, though church records can be evidentiary.
Muslim Filipinos: Governed by the Code of Muslim Personal Laws and Shari’a courts; divorce is available under specific grounds there.
Violence/abuse: You can pair the case with protection orders under the Anti-VAWC law (temporary or permanent) for safety, custody, and support.
Name and ID changes: After annotation, bring your PSA-certified annotated marriage certificate/entry of judgment for DFA passport, SSS/GSIS, LTO, banks, PRC, PhilHealth updates.

Documents Checklist (start collecting early)

PSA Marriage Certificate (security paper)
PSA CENOMAR (as needed)
PSA Birth Certificates of minor children
Government IDs, proof of residence
Evidence supporting the ground (see “Evidence Tips”)
Psychological or medical reports (if applicable)
Witness affidavits (family, friends, co-workers)
Proof of income/expenses (for support)
Properties list, titles, deeds, loan statements (for liquidation)
If foreign divorce recognition: divorce decree + proof of foreign law

Sample Cost Pictures (illustrative only)

Art. 36 case, NCR, uncontested, one expert

Filing/sheriff/incidentals: ₱15k
Psych evaluation: ₱50k
Lawyer (professional + 6 hearings): ₱280k
Transcripts/copies: ₱10k
Estimate: ₱355k

Fraud-based annulment, provincial RTC, contested, no experts

Filing/sheriff/incidentals: ₱12k
Lawyer (professional + 10 hearings): ₱360k
Publication (summons): ₱18k
Transcripts/copies: ₱15k
Estimate: ₱405k

Pitfalls & Practical Tips

Pick the correct remedy (annulment vs. nullity vs. legal separation vs. foreign divorce recognition).
Deadlines matter for annulment grounds—note when you discovered fraud or when force ceased.
No fixers: Paying for a “guaranteed decision” is illegal and risks jail and case collapse.
Be consistent: Your testimony, witnesses, and documents must align; credibility wins cases.
Plan for kids first: Courts prioritize the best interests of the child in custody and support.
Don’t remarry until the decree is final and properly annotated.

Quick FAQ

Can I file anytime?

Annulment has prescriptive periods (see Grounds).
Nullity generally does not prescribe.

Do I need a psychologist?

Not always. After Tan-Andal, courts may grant Art. 36 based on the totality of evidence. Expert testimony is common and often persuasive but not strictly required.

Will my children be legitimate?

Annulment (voidable): Children conceived/born before judgment are legitimate.
Nullity (void): Varies by ground; Art. 36 children are treated as legitimate; others are generally illegitimate (but still entitled to support and to a legitime).

How long will this take?

Commonly 1–3 years to finality if uncontested and well-prepared; longer if congested or appealed.

When can I remarry?

Only after the judgment is final and civil registry records are annotated.

Bottom Line

Winning an annulment/nullity case in the Philippines is very fact-specific. Start with the right ground, prepare coherent evidence, budget for time and cost, and work with counsel who litigates family cases regularly.

If you want, tell me your broad fact pattern (no names needed), and I can map it to the likeliest remedy, evidence plan, and a custom checklist.