The Philippines remains one of the only two sovereign states in the world (along with Vatican City) without absolute divorce. The only ways to dissolve a valid civil marriage are through (1) declaration of absolute nullity of a void marriage, or (2) annulment of a voidable marriage. A third remedy, legal separation, merely allows judicial separation of bed and board and property but does not terminate the marital bond or allow remarriage.

These remedies 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), the Rule on Legal Separation (A.M. No. 02-11-11-SC), and extensive Supreme Court jurisprudence.

I. Declaration of Absolute Nullity of Void Marriages

A void marriage is considered never to have existed. It produces no legal effects except those expressly provided by law (e.g., presumptive legitimacy of children and property regime during cohabitation). It may be attacked collaterally or directly, and there is no prescription period.

Grounds (Arts. 35–38, 40–41, 44, Family Code)

Minority – either party was below 18 years old at the time of marriage (Art. 35[1]).
Lack of authority of solemnizing officer – unless the parties believed in good faith that the officer was authorized (Art. 35[2]).
Absence of marriage license – except marriages in articulo mortis, remote places, or tribal rites recognized under the Family Code (Art. 35[3]).
Bigamy or polygamy – except when the absent spouse was presumed dead under Art. 41 and the requirements therein were complied with (Art. 35[4]).
Mistake in identity – one party was mistaken as to the physical identity of the other (Art. 35[5]).
Non-compliance with Art. 53 – a subsequent marriage was celebrated before the prior annulment/nullity judgment, partition, and delivery of presumptive legitimes were recorded in the civil registry and registries of property (Art. 35[6]).
Incestuous marriages – between ascendants and descendants, brothers and sisters (full or half-blood), whether legitimate or illegitimate (Art. 37).
Marriages void by reason of public policy – between collateral blood relatives up to the 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, surviving spouse of adopted child and adopter, adopted child and legitimate child of adopter, adopted children of the same adopter, or parties where one killed the spouse of the other to marry (Art. 38).
Psychological incapacity of one or both parties at the time of the celebration of the marriage (Art. 36).
Void subsequent marriage under Art. 41 when the requirements for presumption of death were not met or were attended by bad faith.

Psychological Incapacity (Art. 36) – The Most Commonly Invoked Ground

The Supreme Court has extensively interpreted this provision. The current controlling doctrine is contained in Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021), which abandoned the rigid Molina guidelines (Republic v. Court of Appeals and Molina, 1997) and adopted a clearer, more disability-focused interpretation.

Under Tan-Andal, psychological incapacity consists of:

(a) A juridical antecedent – a personal condition that predates the marriage (not necessarily a formal DSM diagnosis); (b) Gravity – sufficiently serious that the party is unable to perform the essential marital obligations; (c) Permanence/incurability – the incapacity must be permanent or incurable (or incurability is beyond the financial or practical capacity of the spouse); (d) The incapacity must exist at the time of the celebration of the marriage, even if it becomes manifest only thereafter.

Clear acts of dysfunction showing inability to comply with essential marital obligations (intimacy, mutual help and support, fidelity, cohabitation, respect, procreation and child-rearing) are now sufficient. Expert testimony is helpful but no longer absolutely indispensable if the totality of evidence (including the petitioner’s own testimony) establishes the incapacity.

Common personality disorders successfully used: narcissistic, antisocial, dependent, borderline, schizoid, avoidant, obsessive-compulsive personality disorders, severe gender dysphoria, pathological lying, habitual alcoholism/drug addiction that renders the spouse incapable of fulfilling marital duties, and extreme immaturity amounting to utter disregard of marital obligations.

II. Annulment of Voidable Marriages

A voidable marriage is valid and produces all civil effects until it is annulled by a final judgment.

Grounds (Art. 45, Family Code)

Lack of parental consent – party was 18–20 years old at the time of marriage (ratifiable by free cohabitation after reaching 21).
Unsoundness of mind of either party at the time of marriage.
Fraud – consent obtained through deceit. The fraud must be one of the four specific kinds enumerated in Art. 46:
- Non-disclosure of a previous conviction by final judgment of a crime involving moral turpitude;
- Concealment by the wife of pregnancy by another man at the time of marriage;
- Concealment of a sexually transmissible disease (regardless of nature) existing at the time of marriage;
- Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage. (Note: Mere concealed virginity, criminal record not involving moral turpitude, or ordinary lies do not constitute fraud.)
Force, intimidation, or undue influence.
Physical incapacity to consummate the marriage (impotence) – must be permanent, antecedent, and incurable (Chi Ming Tsoi v. CA, 1997).
Affliction with a serious and incurable sexually transmissible disease existing at the time of marriage.

Prescription Periods (Art. 47)

Lack of parental consent – 5 years after attaining age 21.
Unsound mind – anytime before the death of either party.
Fraud – 5 years after discovery of the fraud.
Force/intimidation/undue influence – 5 years after cessation.
Impotence or STD – 5 years after the marriage.

Only the injured spouse may file (except for unsound mind, where guardians may file).

III. Procedure (A.M. No. 02-11-10-SC)

Filing of verified petition in the Family Court of the province or city where the petitioner or respondent has resided for at least six months prior to the filing. If petitioner is residing abroad, residence in the Philippines for the last six months is not required (for nullity under Art. 36 only).
Payment of docket fees (currently ranging from ₱10,000 to ₱300,000+ depending on the ground and court assessment).
Issuance and service of summons.
Respondent’s answer (mandatory; default is not allowed).
Mandatory pre-trial conference. The court shall refer the parties to the public prosecutor for collusion investigation. If collusion is found, the case is dismissed.
Trial proper. The Solicitor General or public prosecutor must actively participate to protect the State’s interest.
Offer of evidence, decision, and motion for reconsideration/new trial if necessary.
Appeal to the Court of Appeals, then to the Supreme Court via Rule 45 (pure questions of law).

The entire process usually takes 2–7 years (or longer if appealed).

IV. Effects of Final Judgment of Nullity or Annulment

Void marriages: considered never to have existed; parties are free to remarry immediately after finality.
Voidable marriages: considered valid until annulled; decree retroacts to the date of celebration except as to children and property acquired during marriage.
Children: always considered legitimate if conceived or born before the decree becomes final (Art. 54).
Property: liquidated under Art. 147 (co-ownership) or Art. 148 (limited co-ownership if one party was in bad faith) if the marriage is declared void. For voidable marriages, the regime existing before annulment governs unless bad faith is proven.
Donation propter nuptias: revoked by operation of law if the marriage is annulled/nullified on the ground of fault of the donee spouse.
Custody and support of common children follow the usual rules under the Family Code and RA 9262.

V. Legal Separation (Separate Remedy)

Grounds (Art. 55): repeated physical violence, sexual infidelity, attempt on life, drug/alcohol/gambling addiction, homosexuality/lesbianism, contracting subsequent bigamous marriage, sexual perversion, abandonment for more than one year, etc.

Effects: separation of property, forfeiture of guilty spouse’s share in net profits, loss of parental authority if guilty spouse is the parent. Marriage bond remains; remarriage is prohibited.

VI. Recognition of Foreign Divorce

Between two foreigners: recognized in the Philippines.
Between Filipino and foreigner: recognized only if the divorce was obtained by the foreign spouse, thereby capacitating him/her to remarry (Art. 26, par. 2, as interpreted in Republic v. Manalo, G.R. No. 221029, April 24, 2018). A Filipino spouse who obtains foreign divorce alone remains married under Philippine law and may be charged with bigamy if he/she remarries.

VII. Practical Considerations

Annulment/nullity cases are expensive (₱300,000–₱2,000,000+ including psychological fees, lawyer’s fees, and court costs) and emotionally draining. Psychological incapacity remains the most commonly granted ground because it is the least stigmatizing and has the most flexible evidentiary requirements after Tan-Andal.

As of December 2025, no absolute divorce law has been enacted despite repeated legislative attempts. The only available remedies therefore remain declaration of nullity, annulment of voidable marriage, and legal separation.

Spouses seeking to end their marriage must therefore carefully evaluate which ground applies and prepare for a lengthy, costly, and public judicial proc