Updated for the Family Code framework and prevailing courtroom practice in Philippine Family Courts.

Overview: Two Different Remedies for a Broken Marriage

In Philippine law, there are two distinct court actions to end a civil marriage:

Declaration of Absolute Nullity of Void Marriage (“declaration of nullity”)
- The marriage was void from the start (void ab initio).
- The court’s judgment merely recognizes a defect that existed on Day 1.
Annulment of Voidable Marriage (“annulment”)
- The marriage was valid when celebrated, but is later voided due to a defect affecting consent or capacity.
- The judgment invalidates the marriage from the time of the judgment, with specific effects spelled out in the Family Code.

These distinctions drive everything else—grounds, timelines, children’s status, property relations, and available defenses.

Legal Bases, in Plain English

Family Code of the Philippines (Arts. 1–54) provides the core rules on marriage validity, grounds, effects, and procedures.
A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) governs Family Court procedure.
Articles 147 and 148 deal with property relations of couples in void unions or cohabitations.
Articles 52–53 require recording the judgment and property liquidation documents, with serious consequences for remarriage if you skip these steps.
Article 39 makes actions for declaration of nullity imprescriptible (no time limit).
Article 47 sets prescriptive periods for filing annulment, depending on the ground.

Church vs. Civil: A Church annulment has no legal effect on civil status. Only a civil court judgment changes your PSA records.

Grounds: What You Must Prove

A) DECLARATION OF ABSOLUTE NULLITY (Void Marriages)

These marriages are never valid to begin with. Common grounds include:

Lack of essential or formal requisites (e.g., no marriage license—subject to specific exceptions like long cohabitation under Art. 34; no authority of the solemnizing officer, except when either or both parties in good faith believed there was authority; mistake in identity).
Psychological Incapacity (Art. 36)
- A grave, antecedent, and incurable psychological condition rendering a spouse truly unable to assume the essential marital obligations.
- Jurisprudence has evolved to focus on proof of incapacitating traits and how they causally relate to failure in marital obligations.
Incestuous marriages (Art. 37).
Marriages void for reasons of public policy (Art. 38), such as certain relationships by affinity or adoption.
Bigamous or polygamous marriages (generally void), subject to the presumptive death exception (Art. 41) and other narrow statutory carve-outs.
Party below 18 years old (even with parental consent) (Art. 35).

Timing: No prescription—you can file anytime (Art. 39).

B) ANNULMENT (Voidable Marriages)

The marriage was valid until annulled. Grounds (Art. 45) include:

Lack of parental consent (if a party was 18–20 at the time).
Insanity (existing at the time of marriage).
Fraud (Art. 46) — examples typically include concealment of a conviction for a crime involving moral turpitude, pregnancy of the wife by another man at the time of marriage, sexually transmissible disease, and certain serious personal conditions knowingly hidden.
Force, intimidation, or undue influence.
Impotence (existing at marriage and continuing).
Serious and apparently incurable sexually transmissible disease.

Who can file & deadlines (Art. 47):

Lack of parental consent: the party whose consent was needed—within 5 years after turning 21.
Insanity: the sane spouse or the insane spouse’s guardian—any time before death.
Fraud: the deceived spouse—within 5 years from discovery.
Force/Intimidation: the coerced spouse—within 5 years from cessation.
Impotence / STD: the innocent spouse—within 5 years from marriage.

What You Must Prove (Burden & Evidence)

Burden of proof lies with the petitioner, on preponderance of evidence.
OSG (Office of the Solicitor General) and a Public Prosecutor participate to guard against collusion and fabrication.
For Art. 36 psychological incapacity, courts typically expect:
- Detailed, behavior-focused testimony (not labels) linking traits to the inability (not mere difficulty) to perform essential obligations (love, respect, fidelity, support, cohabitation, partnership).
- Often supported by a clinical psychologist or psychiatrist’s evaluation and report explaining causation, gravity, antecedence, and incurability—but the court is not bound by the expert’s conclusions.

Process: From Filing to PSA Annotation

1) Prepare the Petition

File a verified petition in the Family Court (RTC) with jurisdiction (venue rules apply; commonly where either party resides).
Attach the marriage certificate, children’s PSA birth certificates, and relevant supporting documents (medical or psychological reports, proof of relationship, etc.).
Pay filing fees (see Costs below).

2) Docketing, Raffle, and Prosecutor’s Investigation

A public prosecutor conducts a collusion investigation.
The OSG (representing the State) is notified and may appear.

3) Answer / Default

The respondent files an Answer. If none, the case may proceed ex parte, still subject to the State’s scrutiny.

4) Pre-trial

Mandatory. Issues are narrowed; possible amicable settlement of incidental matters (custody, support, visitation), but not the core marital status.

5) Trial

Petitioner presents witnesses (including experts if needed) and documentary evidence; respondent’s evidence follows.

6) Decision

If granted, the court issues a Decision and later an Entry of Judgment once final.

7) Post-Judgment Compliance (Articles 52–53)

You must record the final judgment, partition/settlement of property, and custody/support arrangements with the Local Civil Registrar, Civil Registry Office where the marriage was recorded, PSA, and relevant Registry of Deeds.
Failure to record can render a subsequent marriage void and create documentary headaches (Art. 53).
Obtain annotated PSA documents reflecting the nullity/annulment.

Effects on Children, Property, and Names

Children

Void marriage (declaration of nullity): Children are generally illegitimate under the Family Code (with rights to support and successional shares as provided by law).
Voidable marriage (annulment): Children conceived or born before the annulment are legitimate.
Custody & support are determined under the best interests of the child; support is mandatory regardless of legitimacy.

Property Relations

If the marriage is VOID:
- Articles 147/148 apply: property acquired by both through their joint efforts is generally co-owned in proportion to contributions; bad faith (e.g., one or both are in a prior subsisting marriage) can drastically alter shares (often forfeitures to common children or the State in some scenarios).
If the marriage is VOIDABLE and annulled:
- The absolute community or conjugal partnership is dissolved and liquidated per the Family Code; net profits may be split equally, subject to adjustments and reimbursements.

Use of Surnames

A wife may resume her maiden name. Post-judgment surname usage follows civil status and applicable regulations (including passport and government IDs), using annotated PSA copies as basis.

Special Topics & Practical Notes

Psychological Incapacity (Art. 36)

Focus on functional inability to assume essential marital obligations, not mere incompatibility, immaturity, infidelity, or “irreconcilable differences.”
Courts look for antecedence (rooted before the marriage), gravity, and incurability.
Expert evaluation is common but not strictly indispensable if the totality of evidence satisfies the legal standard.

Bigamy vs. Presumptive Death

Bigamy is a crime. If a prior marriage subsists, a second marriage is void.
The exception (Art. 41) requires well-founded belief in the spouse’s death and typically a judicial declaration of presumptive death via a separate summary proceeding before remarriage.

Foreign Divorce

A Filipino cannot unilaterally “divorce” via a foreign decree. But if a foreign spouse validly obtains a foreign divorce, the Filipino spouse may recognize that decree in Philippine courts to restore capacity to remarry, upon proper proof of the foreign law and decree.

Church Annulment

A separate, religious process. It does not alter civil records. Some couples pursue it for sacramental reasons, but you still need a civil case for PSA annotation.

Timelines

Preparation & filing: a few weeks to a few months (gathering documents, evaluations).
Court process: typically 1–3 years depending on court docket, complexity (e.g., Art. 36), and whether the case is contested.
Post-judgment recording: weeks to months, depending on how promptly parties complete Articles 52–53 requirements and PSA processing.

Timelines vary by city/province and case strategy. Delays often come from incomplete documents, missed hearings, or scheduling congestion.

Costs (Typical Components & Practical Ranges)

No single official price exists. Costs depend on venue, lawyer’s experience, complexity, and expert involvement. Below are practical, good-faith ranges seen in actual practice:

Filing & court fees: ~ ₱5,000–₱15,000 (can be higher with multiple reliefs/appearances; indigency exemptions may apply).
Attorney’s fees: commonly ₱200,000–₱600,000+ total, sometimes payable in tranches; complex or contested Art. 36 cases may exceed this.
Psychologist/psychiatrist evaluation & testimony (if used): ~ ₱30,000–₱150,000+ (evaluation, report, and court appearance fees).
Miscellaneous (documents, authentication, travel, notarial, transcript, copies): ₱10,000–₱40,000+.
Post-judgment recording & PSA copies: usually modest, but budget time for clearances, annotations, and multiple certified copies.

You can ask counsel about fixed-fee vs. staged billing, expected disbursements, and whether expert testimony is strategically necessary for your specific ground.

How to Strengthen Your Case

Document early and often: chats/emails, financial records, medical/psychological history, incident logs.
Witnesses who observed dynamics before and during the marriage help on antecedence and gravity.
Consistent narrative: align affidavits, testimony, and expert reports on causation (why the ground makes essential obligations impossible).
Avoid collusion indicators: keep the process aboveboard; the prosecutor will check.
Plan for Articles 52–53 compliance before the decision becomes final (draft property settlement, custody/support, and coordinate with civil registries).

Quick Comparison Table

Feature	Declaration of Nullity (Void)	Annulment (Voidable)
Legal nature	Marriage never valid	Marriage valid until annulled
Typical grounds	Art. 35, 36, 37, 38, 41 (e.g., no license, psychological incapacity, incest, public policy, bigamy)	Art. 45 (lack of parental consent, insanity, fraud, force, impotence, serious incurable STD)
Time limit	None (Art. 39)	Yes (Art. 47, varies by ground)
Children’s status	Generally illegitimate	Legitimate if conceived/born before annulment
Property regime	Arts. 147/148 co-ownership rules	Community/conjugal dissolved & liquidated
Proof	Documents + testimony; often expert for Art. 36	Documents + testimony; expert rarely required
Post-judgment duties	Articles 52–53 recording required for remarriage	Same

Frequently Asked Practical Questions

1) Can we “just agree” to end the marriage? No. Courts decide marital status; the State has an interest in marriage.

2) Do we both need to appear? The petitioner must. The respondent can oppose or default, but the State still scrutinizes the case.

3) Can we keep it private? Family cases are generally confidential, but hearings and records remain subject to court rules.

4) Will I go to jail for bigamy if I remarry after a grant? Remarry only after the decision is final, and you’ve complied with Articles 52–53 and obtained annotated PSA records.

5) Do I need a psychologist for Art. 36? Not always mandatory, but often advisable depending on facts and judge. What matters is proving incapacity (not simply incompatibility).

Actionable Next Steps

Identify the correct remedy (void vs. voidable) based on your facts.
Gather core documents: PSA marriage certificate, children’s PSA birth certs, IDs, proof of residency, and any supporting evidence (medical/psychological records, communications, financials).
Consult counsel to assess grounds, venue, evidence strategy, and costing (including whether to engage an expert).
Plan early for Articles 52–53 compliance (property inventory, draft custody/support terms).
Manage expectations on costs and timelines; be wary of promises of guaranteed or “express” results.

Disclaimer

This article provides general legal information on Philippine law and procedure. It is not legal advice for a specific case. For tailored guidance, consult a Philippine family-law practitioner with your documents and facts.