In the Philippines, where absolute divorce remains legally unavailable for non-Muslim citizens, the legal termination of a marriage generally follows two paths under the Family Code of the Philippines: Annulment (under Article 45) and Declaration of Absolute Nullity (under Article 36 and others). While often used interchangeably in common parlance, they carry distinct legal definitions and grounds.

1. Annulment vs. Declaration of Nullity

Before diving into the grounds, it is crucial to distinguish between a void and a voidable marriage.

Declaration of Absolute Nullity (Void Marriages): These marriages are considered non-existent from the beginning (void ab initio). They never happened in the eyes of the law because they lacked essential or formal requisites (e.g., absence of a marriage license or incestuous marriages).
Annulment (Voidable Marriages): These marriages are considered valid until they are set aside by a court decree. The grounds for annulment generally involve "vices of consent" that existed at the time of the wedding.

2. Grounds for Annulment (Article 45)

Under Article 45 of the Family Code, a marriage may be annulled for any of the following reasons existing at the time of the marriage:

Lack of Parental Consent: If either party was between 18 and 21 years old and the marriage was solemnized without the consent of the parents or guardians. However, if the party freely cohabited with the other after reaching 21, this ground is "ratified."
Insanity: If either party was of unsound mind at the time of the marriage.
Fraud: This is specifically defined and limited by law. It includes non-disclosure of a previous conviction of a crime involving moral turpitude, concealment of pregnancy by another man, concealment of a sexually transmitted disease, or concealment of drug addiction/homosexuality/alcoholism.
Force, Intimidation, or Undue Influence: If consent was obtained through threats or coercion.
Physical Incapacity: If either party is physically incapable of consummating the marriage (impotence), and such incapacity appears to be incurable.
Serious and Incurable Sexually Transmitted Disease (STD): If either party was found to have a serious and seemingly incurable STD.

3. Psychological Incapacity (Article 36)

The most common ground cited in Philippine courts is actually not "annulment" but the Declaration of Nullity based on Psychological Incapacity.

Under Article 36, a marriage is void if one or both parties were psychologically incapacitated to comply with the essential marital obligations (mutual love, respect, fidelity, and support).

Note: Following the landmark Supreme Court ruling in Tan-Andal v. Andal (2021), psychological incapacity is no longer viewed as a medical or clinical illness. It is now considered a legal concept that must be proven through clear and convincing evidence of a personality structure that makes a person truly incapable of fulfilling their duties as a spouse.

4. The Legal Process: Step-by-Step

I. Preparation and Filing

Engagement of Counsel: A petition must be filed by a licensed lawyer.
Psychological Evaluation: If filing under Article 36, the petitioner usually undergoes evaluation by a clinical psychologist or psychiatrist to establish the "personality structure" of the parties.
Filing the Petition: The case is filed in the Regional Trial Court (RTC) of the city or province where the petitioner or respondent has been residing for at least six months.

II. Pre-Trial Proceedings

Summons: The court issues a summons to the respondent. If the respondent cannot be located, "service by publication" in a newspaper may be required.
Answer: The respondent has 15 to 30 days to file an answer.
Collusion Investigation: The Public Prosecutor (Fiscal) is tasked by the court to investigate whether the parties have "colluded" or manufactured evidence to "cheat" the law. If collusion is found, the case is dismissed.

III. The Trial

Petitioner’s Testimony: The petitioner testifies regarding the history of the marriage and the grounds for the petition.
Expert Testimony: The psychologist or psychiatrist testifies to explain why the respondent (or both parties) is psychologically incapacitated.
Corroborating Witnesses: Friends or family members may testify to support the claims of the petitioner.

IV. Judgment and Registration

Decision: The judge issues a Decision granting or denying the petition.
Motion for Reconsideration/Appeal: The losing party or the Office of the Solicitor General (OSG) can appeal the decision.
Finality: Once the decision is final, a Decree of Annulment/Nullity is issued.
Registration: The decree must be registered with the Local Civil Registrar where the marriage was recorded and the Philippine Statistics Authority (PSA).

5. Critical Practical Considerations

Category	Details
Duration	Typically ranges from 2 to 5 years, depending on the court's docket and whether the Solicitor General appeals the ruling.
Costs	Expenses include attorney’s fees, psychological evaluation fees, filing fees, and publication costs. These can range from PHP 250,000 to PHP 600,000+.
Child Custody	The court will decide on custody based on the "best interests of the child" principle. Generally, children under 7 stay with the mother unless there are compelling reasons otherwise.
Property	For void marriages (Article 36), the property regime is usually "Co-ownership." For annulled marriages (Article 45), it follows "Absolute Community" or "Conjugal Partnership" rules until dissolved.

6. Current Legal Landscape

While the Philippine House of Representatives has seen various "Absolute Divorce" bills pass in recent years, the Senate remains the primary hurdle. As of now, the judicial process for Annulment and Declaration of Nullity remains the only legal avenue for the dissolution of marriage for the general population. The Supreme Court's shift toward a less "medicalized" view of psychological incapacity has, however, made the process slightly more grounded in the lived realities of dysfunctional marriages.