Marriage Annulment in the Philippines: Grounds, Procedure, and Effects

This is general information on Philippine family law. For legal advice about your situation, consult a lawyer or the Public Attorney’s Office.

Annulment vs. Declaration of Nullity (and “legal separation”)

In Philippine law, people often say “annulment” to mean ending a marriage. Technically:

Annulment applies to voidable marriages (valid until annulled by a court).
Declaration of Nullity applies to void marriages (invalid from the beginning).
Legal separation does not dissolve the marriage; it separates living arrangements and property.

All three require a court case in a Family Court (RTC) and participation of the public prosecutor/OSG to guard against collusion.

The legal bases (quick map)

Family Code of the Philippines (Arts. 2–54 on requisites and defects; Arts. 55–67 on legal separation for comparison; Arts. 147–148 on property in unions not married to each other).
A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity & Annulment of Voidable Marriages).
A.M. No. 02-11-11-SC (Rule on Legal Separation; cited here for contrasts).
RA 8369 (Family Courts Act), related rules on protection orders, custody, support, evidence.

Grounds to end a marriage

A. Void Marriages (need a Declaration of Nullity)

A marriage is void from the start if any of the following applies:

Lack of essential/formal requisites
- Either party below 18 at the time of marriage.
- Absence of a valid marriage license (subject to narrow statutory exceptions, e.g., certain long cohabitation cases under Art. 34; special laws for Muslims/indigenous peoples).
- No personal appearance before a duly authorized solemnizing officer; or the officer had no authority and neither party believed in good faith that the officer was authorized.
Bigamous/polygamous marriage, unless it falls under the strict exception for presumptive death (Art. 41) with prior judicial declaration.
Psychological incapacity (Art. 36): a grave, antecedent, and relatively permanent inability to assume essential marital obligations. (Modern jurisprudence treats it as a legal concept about incapacity to undertake obligations, not a clinical label; lay and expert testimony can both prove it.)
Incestuous marriages (e.g., between ascendants/descendants; full/half siblings).
Marriages void for public policy (e.g., step-relations in the direct line, in-laws in the direct line, adopter/adoptee, collateral relatives within prohibited degrees, and other specific relations listed by law).
Article 53 defect: A subsequent marriage contracted without recording the prior decree of nullity/annulment/legal separation and the partition/delivery of presumptive legitimes—rendering that subsequent marriage void.

Children of void marriages are generally illegitimate, except as otherwise provided by law (e.g., legitimation rules do not apply to void marriages). Their rights to support and successional legitime as illegitimate children remain protected.

B. Voidable Marriages (properly called Annulment)

A voidable marriage is valid until annulled. Grounds (Art. 45) must exist at the time of marriage:

Lack of parental consent: One party was 18–21 and married without the consent of parent/guardian.
Insanity: A party was insane (unless the other knew and freely cohabited after regaining sanity).
Fraud (Art. 46—exhaustive list):
- Non-disclosure of a conviction of a crime involving moral turpitude;
- Concealment of pregnancy by another man at the time of the marriage;
- Concealment of sexually transmissible disease (STD);
- Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism.
Force, intimidation, or undue influence.
Impotence: Physical incapacity to consummate, continuing and appearing incurable.
STD: Serious and apparently incurable existing at the time of marriage.

Children of voidable marriages remain legitimate even after annulment, provided they were conceived or born before the final judgment.

Who can file and prescriptive periods (voidable marriages)

Lack of parental consent
- Who: The party whose consent was lacking; the parent/guardian.
- When: By the party within five (5) years after reaching 21; by the parent/guardian before the party turns 21.
- Ratification bar: Free cohabitation after turning 21 bars annulment.
Insanity
- Who: The sane spouse who did not know of the insanity; a relative/guardian of the insane spouse; the insane spouse during a lucid interval.
- When: Before the death of either party; the sane spouse within five (5) years after discovering the insanity.
Fraud
- Who: The injured party.
- When: Within five (5) years from discovery of the fraud; free cohabitation after discovery bars annulment.
Force/intimidation/undue influence
- Who: The injured party.
- When: Within five (5) years from the time the force or intimidation ceased.
Impotence
- Who: The injured party.
- When: Within five (5) years after the marriage.
Serious, apparently incurable STD
- Who: The injured party.
- When: Within five (5) years after the marriage.

No prescription for filing a declaration of nullity of a void marriage; it can be brought at any time (subject to equitable defenses in rare cases).

Where to file, parties, and pleadings

Court: Family Court (designated RTC) has exclusive original jurisdiction.
Venue: Where the petitioner resides, or where the respondent resides (special rules when the respondent is abroad).
Parties: Petitioner vs. Respondent; the public prosecutor appears to investigate collusion; the OSG represents the State’s interest.
Pleadings:
- Verified petition stating jurisdictional facts, the specific ground(s), and detailed ultimate facts;
- Certification against forum shopping;
- Affidavit of no collusion;
- Supporting evidence (e.g., PSA certificates, medical/psych reports, communications, criminal records).

Filing fees may be waived for indigent litigants.

Procedure (annulment or declaration of nullity)

Filing & raffle → case is assigned to a Family Court.
Summons to respondent; publication may be allowed if respondent cannot be served.
Prosecutor’s report on collusion (required before pre-trial).
Pre-trial: No compromise on civil status, but parties may settle custody, support, property issues.
Trial: Petitioner presents evidence (documents, witnesses, experts); respondent and State may cross-examine and present evidence.
Decision: If granted, the court issues a Decree of Annulment (voidable) or Decree of Nullity (void). If denied, the petition is dismissed.
Registration & annotation (critical): Entry of Judgment and the Decree, plus any partition agreement and delivery of presumptive legitimes, must be recorded with:
- Local Civil Registry where the marriage was recorded;
- Civil Registry of the court’s location;
- Philippine Statistics Authority (PSA);
- Registries of Deeds (for property instruments). Failure to record (Arts. 52–53) can void a subsequent marriage.

There is no six-month cooling-off period in annulment/nullity cases (that cooling-off is for legal separation). Church/Canon annulment has no civil effect unless and until a civil court grants relief.

Evidence and standards

Burden/standard: Preponderance of evidence (civil standard).
Art. 36 (psychological incapacity): Evidence must show antecedent, grave, and incurable incapacity to assume essential marital obligations; expert testimony is helpful but not indispensable; focus is on acts and patterns demonstrating incapacity.
Corroboration: Contemporaneous documents (medical, school/work records), witness testimony, digital communications, prior cases, police reports.

Immediate and final effects of a granted petition

Status and capacity to remarry

Voidable (annulment): Marriage is set aside; parties return to single status.
Void (nullity): Marriage is deemed never to have existed.
Remarriage is allowed only after:
1. Finality of judgment; and
2. Compliance with Arts. 50–53 (recording of the decree, partition/inventory, and delivery of presumptive legitimes to common children). A subsequent marriage without these records is void.

Children

Voidable marriage: Children conceived/born before the decree are legitimate.
Void marriage: Children are generally illegitimate (with rights to support and succession as illegitimate children).

Property relations

The absolute community or conjugal partnership is dissolved and liquidated. Steps typically include:
- Inventory of assets and debts;
- Payment of obligations;
- Delivery of presumptive legitimes to children;
- Partition of net remainder per the governing regime.
Bad-faith spouse may lose certain benefits and be liable for damages.
In void marriages, if the parties were not disqualified to marry each other, property acquired by their joint efforts is governed by Art. 147 (co-ownership; equal shares in the absence of proof); if one or both were disqualified (e.g., bigamous/adulterous relations), Art. 148 applies (stricter rules; only actual contributions are credited).

Support, custody, and surnames

Custody is determined by the best interests of the child (with statutory preferences for very young children, absent compelling reasons).
Child and spousal support may be ordered; a guilty spouse may be denied support.
Use of surnames: Upon annulment/nullity, a wife generally resumes her maiden name; limited exceptions exist (e.g., if the court authorizes continued use for the child’s well-being or professional reasons).

Succession and donations

A spouse found in bad faith may be disqualified from intestate succession to the innocent spouse and donations by reason of marriage may be revoked by law.

Special situations

Psychological incapacity (Art. 36):
- Not about mere incompatibility, immaturity, or refusal to do chores—proof must show a deep-seated inability to assume essential marital obligations (e.g., fidelity, mutual respect, support, consortium, child-rearing).
- The incapacity must be existing at the time of marriage, even if it manifests later.
- Expert diagnosis is not mandatory, but the totality of evidence must satisfy the court.
Presumptive death (Art. 41):
- A spouse may remarry only after obtaining a judicial declaration of presumptive death of the absent spouse (strict timelines: generally 4 years of well-founded absence; 2 years if the absent spouse faced danger of death).
- If the absent spouse reappears and the parties cohabit again, effects on property and status follow statutory rules.
Foreign divorces and foreign marriages:
- A foreign divorce obtained by the foreign spouse can be recognized in the Philippines upon proper proof of the foreign law and the divorce decree, allowing the Filipino to remarry.
- Proof must comply with the Rules on Evidence (e.g., official publications or certified copies with apostille/consular authentication, as applicable).
Criminal cases and VAWC:
- Annulment/nullity is separate from criminal liability (e.g., for violence). Parties may seek protection orders and other remedies under RA 9262 independently of marital status cases.

Step-by-step: from decision to decree

Consultation & planning (including safety if there’s abuse).
Gather evidence tied to the legal ground(s).
File verified petition in the proper Family Court; pay (or seek waiver of) fees.
Service of summons; prosecutor’s no-collusion report.
Pre-trial (settle/define custody, support, property issues; mark evidence).
Trial (petitioner’s case, cross-examination; respondent/State’s evidence).
Decision. If granted:
- Entry of Judgment;
- Issuance of Decree of Annulment/Nullity;
- Liquidation of property; delivery of presumptive legitimes;
- Registration/annotation under Arts. 52–53 (LCR/PSA/Registries of Deeds).
Post-decree: Implement custody/support; update SSS/GSIS/PhilHealth/Pag-IBIG/insurance; revise wills/beneficiaries; observe rules for remarriage.

Practical tips

Match facts to a statutory ground; courts require specifics, not general unhappiness.
Document everything: medical and psych reports, messages, sworn statements, police/blotters, HR records, financials, proof of absence/bigamy, etc.
Avoid acts that “ratify” a voidable ground (e.g., free cohabitation after discovering fraud or after turning 21).
Protect assets: seek injunction/accounting if there’s asset dissipation; list titles, accounts, businesses.
Children first: propose realistic parenting and support plans backed by budgets and schedules.
Expect time and cost: expert testimony, travel/service, and transcripts add complexity—good case preparation saves time.

Quick comparison

Feature	Declaration of Nullity (Void)	Annulment (Voidable)
Status of marriage	Never valid	Valid until annulled
Typical grounds	Lack of requisites; bigamy; Art. 36 psychological incapacity; prohibited relationships; Art. 53 defect	Lack of parental consent (18–21); insanity; enumerated fraud; force/intimidation; impotence; serious, incurable STD
Children	Generally illegitimate	Legitimate
Prescription	No	Yes (5-year rules; special rules for insanity/parents)
Proof focus	Existence of void ground at celebration (or statutory defect)	Ground at time of marriage; watch out for ratification
Remarriage	After finality and full Arts. 50–53 compliance	Same

Final note

Ending a marriage in the Philippines is fact-intensive and evidence-driven. If you’re considering a case, bring to counsel: your PSA marriage certificate, children’s birth certificates, IDs, property titles, bank/business records, medical/psych reports, communications, police/blotters, and any foreign decrees/laws to be proved. A tailored strategy, especially for Art. 36 or cases with overseas/asset/violence issues, is essential.