The Philippines remains one of the only two sovereign states in the world (alongside Vatican City) without a general divorce law. The absolute dissolution of marriage can only be obtained through either (1) a judicial declaration of nullity (for marriages void ab initio) or (2) annulment proper (for voidable marriages). Both procedures are governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), and the Rule on Legal Separation (A.M. No. 02-11-11-SC).

This article covers every essential aspect of the process: grounds, procedural requirements, evidence, costs, duration, effects on property and children, prescription periods, and recent jurisprudential developments as of December 2025.

I. Fundamental Distinctions

Declaration of Absolute Nullity
The marriage is void from the beginning. It never existed in the eyes of the law. Any interested party (even third persons in some cases) may file the petition at any time before the death of either spouse.
Annulment of Voidable Marriage
The marriage is valid and produces legal effects until it is annulled by a court decree. Only the injured spouse may file, and only within the prescriptive periods provided by law.
Legal Separation
The marriage remains valid; only bed and board are separated. Property regime is dissolved, but neither party may remarry. This is not dissolution.
Recognition of Foreign Divorce
Since Republic v. Manalo (G.R. No. 221029, April 24, 2018), a Filipino spouse may now seek judicial recognition of a valid foreign divorce obtained by the foreign spouse, thereby capacitating the Filipino to remarry. This is not annulment but recognition of a foreign judgment.

II. Grounds for Declaration of Absolute Nullity (Void ab initio)

Article 35, Family Code:

Contracted by any party below 18 years of age
Solemnized by a person not legally authorized (unless either or both parties believed in good faith that he had authority)
Solemnized without a valid marriage license (except marriages in articulo mortis, in remote places, or among Muslims/indigenous peoples under P.D. 1083)
Bigamous or polygamous marriages (except Article 41 cases – presumptive death)
Mistake as to the identity of the other contracting party
Incestuous marriages (Article 37: between ascendants/descendants, brothers/sisters whether full or half-blood)
Marriages void by reason of public policy (Article 38: between collateral blood relatives up to fourth civil degree, step-parents and step-children, parents-in-law and children-in-law, adopting parent and adopted child, surviving spouse of adopting parent and adopted child, etc.)

Article 36 (Psychological Incapacity)
The most commonly invoked ground. As clarified in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021) and reaffirmed in subsequent cases up to 2025, psychological incapacity:

Need not be a medically recognized illness
Must be grave, antecedent (existing at the time of marriage), and incurable or, if curable, the cure is beyond the financial or practical capacity of the parties
Must render the party incapable of performing the essential marital obligations (support, cohabitation, fidelity, respect)
Totality of evidence rule applies; clear and convincing evidence is required (not preponderance)

Article 41 (Presumptive Death – “Second Marriage” Cases)
A subsequent marriage contracted after absence of 4 years (2 years in extraordinary cases) and after diligent search is void unless, before the second marriage, the absent spouse is judicially declared presumptively dead.

III. Grounds for Annulment of Voidable Marriages (Article 45, Family Code)

Lack of parental consent (party aged 18–20 at time of marriage) – petition must be filed by the underage party within 5 years after attaining 21, or by parent/guardian before the party reaches 21
Either party was of unsound mind – may be filed by the sane spouse at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity
Consent obtained by fraud (non-disclosure of: previous conviction of crime involving moral turpitude; pregnancy by another man; sexually transmissible disease; drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at time of marriage) – must be filed within 5 years after discovery of fraud
Consent obtained by force, intimidation, or undue influence – within 5 years after the force/intimidation/influence ceases
Physical incapacity to consummate the marriage (impotence) – must be filed within 5 years after the marriage
Affliction with a serious, incurable sexually transmissible disease existing at the time of marriage – within 5 years after marriage

IV. Who May File, Where, and When

Declaration of nullity: any party (even after death in some cases for property settlement purposes), real-party-in-interest, or the State through the Solicitor General
Annulment: only the injured spouse
Venue: Family Court of the province or city where the petitioner or respondent has resided for at least six months prior to filing
Foreign spouses: Philippine courts retain jurisdiction even if the respondent is abroad, provided petitioner is resident here (Rule on Declaration of Absolute Nullity, Section 4)

Prescription periods are strictly observed. Psychological incapacity has no prescription.

V. Step-by-Step Procedure (A.M. No. 02-11-10-SC)

Filing of Verified Petition
Must allege complete facts; attach marriage certificate, birth certificates of children, psychological evaluation report (for Art. 36 cases), and pre-trial brief.
Payment of Docket Fees
Based on assessed value of properties involved (if any). Indigent litigants may apply for exemption.
Raffle to Family Court
Summons and Response
Respondent must file Answer within 30 days (if abroad, 60 days).
Collusion Investigation
The prosecutor (OSG or city/provincial prosecutor) investigates whether the parties colluded to fabricate grounds. If collusion is found, the case is dismissed.
Pre-Trial
Mandatory. Issues are defined; stipulation of facts; referral to mediation (except Art. 36 cases, which are non-referrable to mediation).
Trial
Petitioner presents evidence first. For psychological incapacity cases, the “triad” from Tan-Andal must be proven: gravity, juridical antecedence, incurability. Clinical psychologist/psychiatrist testimony is almost always required.
Decision
If granted, the court forwards the decision to the Civil Registrar and the OSG within 30 days.
Appeal
To the Court of Appeals within 15 days (extendible). Decision becomes final after 15 days from receipt if no appeal.
Entry of Judgment and Annotation
The Local Civil Registrar annotates the decree on the marriage certificate.

VI. Evidence Required (Especially for Article 36 Cases)

Testimony of petitioner
Testimony of witnesses who knew the parties before and during the marriage
Report and testimony of an expert (psychologist/psychiatrist) – the court-appointed expert is preferred, though party-proffered experts are accepted if credible
Documentary evidence: medical records, police records, text messages, affidavits, etc.
The “totality of evidence” standard is now explicitly followed; no longer required to prove all three Molina guidelines strictly (Tan-Andal, 2021).

VII. Costs and Duration

Realistic costs (2025 figures):

Lawyer’s fees: ₱300,000–₱1,500,000+ (depending on complexity and lawyer seniority)
Psychological evaluation: ₱50,000–₱150,000
Court fees, publication, transcripts, etc.: ₱100,000–₱300,000
Total average for a contested Art. 36 case: ₱800,000–₱2,500,000

Duration:

Uncontested: 1–2 years
Contested: 3–7 years (some cases reach 10+ years)

VIII. Effects of Final Decree

Children
Remain legitimate if conceived or born before the decree (Article 54, Family Code). The court determines custody and support based on the best interest of the child.
Property
Complete separation of property retroacts to the date of marriage (for nullity) or date of decree (for annulment). Liquidation, partition, and distribution follow the rules of co-ownership. Donations propter nuptias are revoked by operation of law if the ground is fraud, force, impotence, or STD.
Capacity to Remarry
The parties may remarry only after the decree is recorded in the Civil Registry and the partition of properties is completed (if applicable).

IX. Recent Jurisprudential Developments (2021–2025)

Tan-Andal v. Andal (2021): Liberalized interpretation of Article 36; removed the Molina requirement of medical illness
Republic v. Castillo (G.R. No. 236280, 2022): Reaffirmed that homosexuality per se is not psychological incapacity
Several 2023–2025 cases (e.g., Republic v. Boreta, G.R. No. 258398, July 2024) have consistently applied the Tan-Andal doctrine, making psychological incapacity easier to prove than during the strict Molina era (1997–2021)
The Supreme Court has repeatedly struck down attempts to re-impose the Molina rigidity

X. Practical Advice

Choose your lawyer carefully; experience in family law is critical
Secure a competent psychologist/psychiatrist early
Be prepared for emotional and financial toll
Consider legal separation first if remarriage is not an immediate concern (much faster and cheaper)
If one spouse is foreign and obtained a divorce abroad, pursue recognition under Manalo instead of annulment – it is faster and cheaper

The annulment process in the Philippines is intentionally rigorous, reflecting the State's policy of protecting the institution of marriage. While the Tan-Andal ruling has made psychological incapacity more accessible, the procedure remains lengthy, expensive, and emotionally draining. Those contemplating it should weigh the costs against the benefit of being able to remarry under Philippine law.