In the Philippines, divorce remains legally unavailable for the general population (excepting specific provisions under the Code of Muslim Personal Laws). Consequently, those seeking to dissolve a marital bond must navigate the legal frameworks of Annulment or Declaration of Absolute Nullity of Marriage under the Family Code of the Philippines.

While often used interchangeably in common parlance, these are distinct legal remedies based on whether a marriage was "void" from the start or "voidable" due to specific defects.

I. Declaration of Absolute Nullity (Void Marriages)

A petition for the declaration of absolute nullity applies to marriages that were void from the beginning (ab initio). These marriages are legally considered to have never existed.

Common Grounds (Articles 35, 36, 37, and 38)

Lack of Essential Requisites: Marriages performed without a valid marriage license (unless exempt) or by an unauthorized solemnizing officer.
Psychological Incapacity (Article 36): The most frequently cited ground. It involves a party’s inability to comply with the essential marital obligations (mutual love, respect, support, and fidelity) due to a psychological condition that existed at the time of the celebration, even if it only manifested later.
Incestuous Marriages: Marriages between ascendants and descendants, or siblings (whether full or half-blood).
Public Policy Violations: Marriages between collateral blood relatives up to the fourth civil degree (first cousins) or those resulting from the killing of a spouse to marry another.
Bigamous or Polygamous Marriages: Marriages contracted while a previous valid marriage is still subsisting.

II. Annulment of Marriage (Voidable Marriages)

Annulment applies to marriages that are considered valid until set aside by a court decree. These marriages possess all essential requisites but suffer from a "vitiated consent."

Grounds for Annulment (Article 45)

Lack of Parental Consent: If a party was between 18 and 21 years old and married without parental consent (unless the party continued to cohabit freely after reaching 21).
Insanity: If either party was of unsound mind at the time of marriage.
Fraud: Specific instances of fraud, such as non-disclosure of a prior conviction involving moral turpitude, concealment of pregnancy by another man, or concealment of a sexually transmitted disease (STD).
Force, Intimidation, or Undue Influence: Where consent was obtained through external pressure or threats.
Physical Incapacity: The inability to consummate the marriage (impotence), provided the incapacity is permanent and appears incurable.
Serious and Incurable STD: If either party has a serious, incurable sexually transmitted disease existing at the time of marriage.

III. The Legal Procedure: Step-by-Step

The process is rigorous, often taking several years to conclude due to court decongestion and the state's policy of protecting the sanctity of marriage.

1. Filing the Petition

The petitioner, through counsel, files a verified petition in the Regional Trial Court (Family Court) of the province or city where either the petitioner or the respondent has been residing for at least six months.

2. Summons and Answer

The court issues a summons to the respondent. The respondent has 15 days (or 30 if served by publication) to file an Answer. If no answer is filed, the court cannot simply declare a default; it must order the Public Prosecutor to investigate.

3. Collusion Investigation

The Public Prosecutor is tasked with determining if "collusion" exists between the parties—essentially checking if they have mutually agreed to "fabricate" grounds just to get out of the marriage. If collusion is found, the case is dismissed.

4. Pre-Trial Brief and Conference

The parties submit pre-trial briefs. A mandatory pre-trial conference is held where the court explores the possibility of reconciliation (except in cases where it is clearly not applicable) and defines the issues to be tried.

5. The Trial

Testimony: The petitioner must present evidence, including personal testimony and witnesses.
Expert Witnesses: In Article 36 cases (Psychological Incapacity), it is standard practice to present a clinical psychologist or psychiatrist to testify on the respondent's (or petitioner's) condition.
Cross-Examination: The respondent’s counsel and the Public Prosecutor (representing the State) cross-examine the witnesses.

6. Judgment and Finality

If the court finds sufficient evidence, it issues a Decree of Nullity or Annulment. However, the decree is not immediate. The parties must wait for the 15-day period for appeal to lapse.

IV. Effects of the Decree

The court’s decision carries significant legal consequences regarding the former couple’s status and assets:

Aspect	Declaration of Nullity (Void)	Annulment (Voidable)
Status of Children	Generally "Illegitimate" (except under Art. 36 & 53)	"Legitimate" (if conceived before the decree)
Property Relations	Usually governed by "Co-ownership"	Governed by "Absolute Community" or "Conjugal Partnership"
Right to Remarry	Allowed once the Decree is registered	Allowed once the Decree is registered
Succession	Parties no longer inherit from each other as spouse	Parties no longer inherit from each other as spouse

V. Administrative Requirements Post-Judgment

Once the decision becomes final, several administrative steps must be taken to update the parties' civil status:

Registration: The court decree must be registered with the Local Civil Registry where the marriage was recorded and where the court is located.
PSA Annotation: The Philippine Statistics Authority (PSA) must annotate the Marriage Certificate to reflect that the marriage is now void or annulled.
Partition of Assets: The liquidation, partition, and distribution of properties must be completed as directed by the court.