The Cost of a Declaration of Nullity of Marriage in the Philippines (Civil “Annulment”)
Prepared for general information as of 28 May 2025. Fees and procedures are subject to change by the courts, Congress or the Supreme Court. Always verify the latest schedules before filing. This article is not legal advice.
1. What a “Declaration of Nullity” Is—and Is Not
| Concept | Key Points |
|---|---|
| Declaration of Nullity of Marriage | A judicial pronouncement that the marriage was void ab initio (invalid from the beginning) under Articles 35, 36, 37, 38 or 53 of the Family Code. |
| Annulment of Voidable Marriage | A separate remedy for marriages that were valid at the start but later voidable (Arts. 45–46). Costs are broadly similar but technically governed by the Rule on Annulment of Voidable Marriages. |
| Legal Basis for Procedure | A.M. No. 02-11-10-SC (2003 Rule on Declaration of Absolute Nullity and Annulment) + Rule 141 (Filing Fees) + Administrative Circulars that periodically adjust amounts. |
| Jurisdiction | Regional Trial Court (Family Court) where the petitioner has resided for at least six months or, if the respondent lives abroad, where the petitioner resides. |
2. Mandatory Cash Outlays
| Cost Item | Typical Range (PHP) | When Payable | Notes |
|---|---|---|---|
| Filing & Docket Fees (Rule 141) | 4,000 – 8,000 | Upon filing | Amount depends on (a) property issues, (b) whether support/ custody is prayed for, (c) locality. Fees include: docket, sheriff, mediation, Victim Compensation Fund, Legal Research Fund. |
| Citation/Publication | 8,000 – 18,000 | After court order | The summons must be published once a week for two consecutive weeks in a newspaper of general circulation. Metro dailies cost more than provincial papers. |
| Process Server / Sheriff’s Fees | 1,000 – 3,000 | Various | Travel & serving summons. Extra if respondent is abroad. |
| Psychological Evaluation | 25,000 – 60,000 per party | Before pre-trial | Not required by law, but almost indispensable for Art. 36 (psychological incapacity) petitions. Cost varies by psychologist/psychiatrist reputation and whether testimony in court is needed (appearance fees run 5,000 – 10,000 per hearing). |
| Stenographic Transcript Fees | 2,000 – 10,000 | As hearings progress | Paid to stenographers for TSNs. Court sometimes defers payment until a transcript is requested for appeal. |
| Notarial/Documentary Stamps | 800 – 2,000 | Per pleading | Every verified pleading, judicial affidavit, SPA, etc. |
| Local Civil Registry Fees | 330 – 1,500 | After finality | Registration of the decree, annotation on birth & marriage certificates, issuance of certified copies. |
| Attorney’s Professional Fees | 80,000 – 300,000 + | Varies | Fixed package, staged billing, or hourly (2,500 – 6,000/hour common in NCR). More if property disputes, custody, multiple witnesses, or appeal. |
| Incidental Expenses | 5,000 – 20,000 | Throughout | Transportation, photocopies, postage, couriers, client’s own travel-leave expenses, counseling sessions, etc. |
Running subtotal (simple, uncontested case in Metro Manila): ≈ P 120,000 – 200,000
A fully-contested petition with asset issues, expert witnesses, multiple resets, or appeal to the Court of Appeals/Supreme Court can easily reach P 400,000 – P 600,000 over two to five years.
3. Factors That Drive Costs Up or Down
Ground Invoked Art. 36 petitions virtually mandate a psychologist; Art. 35(1) (absence of a license or authority) seldom requires one.
Venue Provincial filing fees are lower, but travel costs and limited pool of psychologists may offset savings. NCR lawyers and experts charge more.
Respondent’s Location & Cooperation – If respondent lives overseas or is evasive, publication + consular service fees rise. – An amicable respondent who waives appearance cuts hearings and transcript costs.
Children & Property The moment you ask the court for custody, support or liquidation of the property regime, docket fees scale with the value involved and more hearings are set.
Number of Hearings / Postponements Each reset means paying for your lawyer’s appearance, transport, and sometimes the expert’s per-diem.
Appeals Notice of appeal filing fee (≈ P 3,700) + CA docket fee (≈ P 5,000) + new attorney’s fees.
4. Ways to Minimize or Waive Costs
| Mechanism | Eligibility / Requirement |
|---|---|
| Indigency Exemption (Rule 141 §19) | Litigant’s gross income ≤ P 14,000/month (P 18,000 in Metro Manila) and no real property > P 300,000. Court may still assess ability to pay. |
| Public Attorney’s Office (PAO) | Same income/asset thresholds. PAO can handle the petition and shoulder selected fees (but not psychologist & publication). |
| Legal Aid Clinics | Accredited law schools may accept cases pro bono, client shoulders only out-of-pocket expenses. |
| Alternative Service of Summons | If respondent’s address is unknown, early resort to publication avoids multiple sheriff’s attempts. |
| Early Settlement | Parties can stipulate on custody and property, shortening trial. |
| Psychologist Cost-Sharing / Single Expert | Court may accept one expert for both parties if agreed. |
5. Payment Timing & Cash-Flow Tips
Up-Front (Week 0) Retainer + filing & docket fees + initial psychologist booking.
Pre-Trial Stage (Months 3–6) Publication costs, sheriff fees, second tranche of professional fees.
Trial Proper (Months 7–24) Pay per hearing: lawyer’s appearance, witness appearance, transcript ordering.
Decision & Entry of Judgment (Months 24–36) Remaining transcripts, promulgation fee (minor), issuance of decree, LCR annotation.
Appeal (if any) New docket fees within 15 days; expect another retainer agreement.
6. Non-Financial “Costs” to Expect
| Dimension | Impact |
|---|---|
| Time | 1½ – 3 years typical; five years if appealed. |
| Emotional Energy | Psychological testimony can reopen marital issues; stigma in conservative communities. |
| Opportunity Cost | Work leave for hearings; delayed remarriage plans (you must wait for finality of the decree, not merely the RTC decision). |
7. After the Decree—Additional (Often Forgotten) Expenses
- Certificate of Finality & Certified Copies — P 500 – 1,000 each.
- Updating PhilHealth, SSS, Pag-IBIG, COMELEC, passports — doc-stamp & notarization fees.
- Liquidation of Property Regime — separate case or deed; relevant taxes (CGT, DST, fees on transfer of titles).
- Church Tribunal Nullity (if Catholic) — a wholly different process costing P 50,000-100,000.
8. Recent & Upcoming Adjustments (as of 2025)
- OCA Circular No. 113-2020 and A.M. 20-12-01-SC extended the 2004-06 incremental docket-fee table and authorized the Office of the Court Administrator to index certain fees to CPI. Expect a 2 – 5 % administrative increase every January.
- E-Filing Pilot Courts in Metro Manila now accept online payment via LBP Link.biz; a ₱30-₱40 e-payment convenience fee applies.
- Psychologist Accreditation — The Philippine Psychological Association (PPA) now requires higher CPD units for expert witnesses, nudging professional rates upward.
9. Illustrative Budget Worksheet
| Stage | Low-Range (₱) | Mid-Range (₱) | High-Range (₱) |
|---|---|---|---|
| Filing to Pre-Trial | 25,000 | 40,000 | 70,000 |
| Expert Evaluation | 25,000 | 40,000 | 120,000 |
| Hearings (6 sessions) | 30,000 | 60,000 | 120,000 |
| Transcripts & Publication | 12,000 | 20,000 | 35,000 |
| Lawyer’s Professional Fee (package) | 60,000 | 120,000 | 250,000 |
| Total | ≈ 152,000 | ≈ 280,000 | ≈ 595,000 |
10. Checklist Before You File
- Ground & Evidence ready?
- Budget liquid cash for first six months (filing + publication + psychologist).
- Interview at least two lawyers; demand a written fee agreement showing disbursements vs. professional fees.
- Plan for missed work—hearings are weekday mornings.
- Secure two witnesses backing your ground (family member + friend/neighbour).
- Assess possibility of PAO or legal aid to lower cost.
- Prepare for publication—obtain three newspaper quotations early.
- If respondent is abroad, gather addresses and proof of residence for service.
11. Key Take-Away
Even in a straightforward, uncontested petition, expect at least ₱120 k – ₱200 k in out-of-pocket expenses and one to three years of proceedings. Costs rise with complexity, expert testimony, and appeals. Careful budgeting, realistic scheduling, and exploring fee-reduction mechanisms (indigency exemption, PAO, legal clinics) can substantially reduce the financial burden.
Prepared by: [Your-Name-Here], Philippine family-law practitioner. For clarifications or legal advice on your specific situation, consult counsel of your choice.